HomeMy WebLinkAbout2021/03/29 - Briefing Packet Pursuant to Proclamation by the Governor 20-28.15, in-person attendance to Commission
meetings is temporarily restricted.
Our Commission meetings are live streamed at hq://masonwebtv.cotn/ and we will accept public
comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street,
Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission
meeting via your telephone, please provide your telephone number to the Commissioners'office
no later than 4 p.m. the Friday before the meeting.
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of March 29, 2021
Monday - Friday
8:00 A.M. COVID-19 Coordinators Briefing*
Public Works Meeting Room A
100 Public Works Way
Noon WA State Association of Counties Zoom Meeting*
Coronavirus Relief Funding
*This is being noticed as a Special Commission Meeting because a quorum of the Mason County
Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020
- Special Meetings
Monday, March 29, 2021
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Board of Equalization Interviews
9:20 A.M. WSU Extension — Dan Teuteberg
9:30 A.M. Community Services — Dave Windom
10:00 A.M. BREAK
10:05 A.M. Public Works — Loretta Swanson
Utilities &Waste Management
10:30 A.M. Support Services — Frank Pinter
Commissioner Discussion — as needed
11:15 A.M. Interview for Lewis Mason Thurston Area Agency on Aging
11:25 A.M. Closed Session — RCW 42.30.140 (4) Labor Discussion
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 03/25/21 at 2:41 PM
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair#275-4467,
Elma#482-5269.
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
March 29, 2021
In the spirit of public information and inclusion, the attached is a draft of
information for Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion and is not all
inclusive of what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
co
1854
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kell Rowen
DEPARTMENT: Community Development EXT: 286
BRIEFING DATE: 3/29/2021
PREVIOUS BRIEFING DATES: None
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other— please explain
ITEM: Update of Department of Community Development (Permit Assistance Center,
Building and Planning) functions and operations.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):The Department of Community Development will update the Commission on staffing and
operations.
BUDGET IMPACT: None
PUBLIC OUTREACH:(Include any legal requirements,direct notice,website,community
meetings, etc.) None
RECOMMENDED OR REQUESTED ACTION: No action required. Update and discussion of
our current operations.
ATTACHMENTS: 2019, 2020, 2021 ytd permit reports.
Briefmg Summary 3/24/2021
Permit Type Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dec2
Accessory Dwelling Unit 0. 2 1 2 1 1 1 4 1 0 1 0
Addition or Remodel 5 6 8 16 11 11 9 12 2 8 10 5
'Address Request Form 13 17 31- 28 18 8 23 .30 18 21 17 24
Administrative Varicance Request 9 6 12 27 17 14 13 18 13 11 18 14
Applicatiori for Ammendment 0 0 0 1 0 3 0 0 0 1 0 0
Boundary Line Adjustment 2 4 1 6 4 1 4 6 5 3 3 0
Bulkhead of Dock:Residential 0 •0 4 3 2 3 4 3 2 5 1 3
Carport/Deck Covered 2 3 2 4 9 4 5 3 0 2 3 8
Change in Tennant 1 1 0. 2 1 1' 0 1 2 1 0 0
Declalration of Parcel Combination 3 0 2 4 0 2 3 3 1 2 7 1
Demo 2 8 3 5 11 5 5 4 6 11 3 0
Development Reg Variance 0 0 4 3 1 2 0 0 0 1 0 1
Flobd:Damage Prevention Relvew 4 .1 0 1 2 2 0 1 0 0 2 2
Forest Practices 1 1 0 4 3 2 0 1 2 1 0 1
Garage%Storage 5' 4 7 12 17. 12 '11 11 13 15 13 7
Geological Review 7 5 13 16 7 4 8 6 7 12 11 4
Grading 1. 0 0 1 3 1 1 1'. 2 2 0 1
Larg Lot Subdivision 0 0 0 1 1 0 1 0 1 1 0 0
"Wnufactrired-Hdr e-Residential- 9 6 6 15 12 8 10 5 .8 it 10 10
Manufactured Home Replacement 1 0 4 0 4 3 1 4 4 0 1 2
Mahufactured Modular Structure,Commercial .0 0 Q. 0 0. 0 0 1 0. 0 0 1
Mason Environmental Permit 2 0 2 1 3 4 0 1 0 0 2 0
"Meth%Plumb.-Commerciale 3' 0 3 4 3 2 2 •'2 3 0 3 3
Mech/Plumb-Residential 36 15 33 45 35 30 39 37 45 46 45 12
Mechanical=Regidential , - - 27
New Commercial Permit 4 5 5 8 9 9 2 10 3 5 4 12
New SFR. .18 24 16 32 22 24 31 23 20 22 25 16
Plumbing Resjdential - - - 4
Pre-Application Meeting 8 5 4 8 6 6 7 6 6 9 1 6'
Repair-Residential 1 0 0 0 0 1 2 2 2 1 0 1
-Reroof 20 11 13 29 .26 18. 14 24 18 8 19 11
Resrource Ordinance Variance 0 0 0 1 1 0 0 0 0 0 0 0
'Retainirig Wall,Deck Residential "0 1 2 1 .-2 2 0 2 1 1 1 1
SEPA 2 6 8 16 8 13 11 7 10 12 4 4
shbreline Conditional Use 0 0 2 0 A 0 0 0 b' 0 0 0
Shoreline Exemption 1 4 4 5 1 5 4 5 4 8 4 3
Shoreline Substantial Dev 0 1' 2 0 1 - 0 0 0 2 0 0 0
Shoreline Variance 0 0 0 0 1 0 0 0 0 0 0 0
Short Subdivision 0 0 0 1 0 0 1 1 2 0 0 0
Site Pre Inspection 13 8 13 12 14 13 19 16 8 8 5 2
Solar Panel' 1 0 0 1 0 1 0 0 b 2 0. 0
Special Use Permits 0 0 0 0 0 1 0 0 0 0 0 0
Window Replacement 2 2 2. .0 2 0 5 4 3 1 0 0
Total 176 146 207 315 258 216 236 254 214 231 213 186 2652
Permit Type Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dec2
;Accessory Dwelling Unit 0 1 2 0 2 0 4 .2 1 1 0 0
Addition or Remodel 6 4 7 1 6 2 5 7 6 9 4 7
Address Request Form. 25 16 14 10 '39 26 34 33 46 32 27 27
Administrative Appeal 0 1 0 0 0 0 0 0 0 0 0 0
Administrative Varicance Request 12 16 10 3 11 11 21 • 17 16 14 22 10
Application for Ammendment 1 0 1 0 1 1 1 1 0 1 0 0
'Boundary Line Adjustment 3 1 2 2. 2'' 5; 1 2 1 1 6 7
Bulkhead of Dock-Residential 4 3 2 0 5 5 5 5 7 1 2 0
Carport/.Deck Covered 3 5 3 .1 0 2 6 2 6 5 3'
Change in Tennant 0 0 0 4 3 1 0 0 3 0 0 0
beclaI[eklon of Parcel Combination 2 1 .0 2 2 •3 4• 1 4 .5 0 .3
Demo 1 5 3 2 7 13 6 7 5 7 3 2
Development Reg Variance 0 1 0 1 3 1 0 1 2 0 2 0
Flood Damage Prevention Reivew 4 2 0 0 1 1 4 2 2 1 0 1
ToieitPiactices 1 0 0 2 2 1 2 2 1 1 0 1
Garage/Storage 6 17 7 1 9 18 22 17 16 11 11 6
:Geological Review 7 10. 4' 4 6 10 10 12 9 6 6 10
Grading 1 0 0 1 1 4 4 2 2 2 0 0
Hearings Examiner 0' 1' 0 0' 0 .0 0 D. 0 0.. 0 0
Larg Lot Subdivision 0 0 0 0 1 0 0 0 0 0 0 2
Mariufactbred'Home-Residential 4' S 1 1 6 .25 15 13 17 16 21 26
Manufactured Home Replacement 3 1 2 0 0 2 0 0 0 0 0 0
-Man'fact-&ed'ModularStructure Commercial 0 0 0 0 0 :0' 0 .0 0 1. 1 0
Mason Environmental Permit 3 2 2 0 1 3 2 1 2 3 1 0
Mete /Plumb-Commercial 3 1 0' :0 0 0 0 1 1 2 3 3
Mech/Plumb-Residential - - - - -
Mecbanicel'-Residential. 36 38 25- . 37 39 44 :41 50 55 55 57 59
New Commercial Permit 13 16 3 5 5 2 12 3 2 6 3 7
New:SFR 17 27 23 1 22 30 32 41 .36 23 25 20
Plat-Subdivision 0 0 0 0 1 0 0 0 0 0 0 0
Plumbing Residential 2 2 3 1 2 9 3 6 4 6 4 4
Pre-Application Meeting 2 9 7 3 8 3 7 4 8 7 5 4
Repalr-Residential 0 5 0 2 1 .2., 2. 2 0 2 0
Reroof 18 25 16 12 20 40 27 20 17 14 4 15
Resrource Ordinance'Variance. 0 1 0. 0 0 b 1 0 0 0 1 0
Retaining_Wall,Deck Residential 0 0 0 0 2 1 1 0 0 1 1 0
SEPA' 8' 1 2 3 12 7 9 9 S0 5 6 7
Shoreline Conditional Use 0 0 0 0 0 0 0 0 0 0 0 0
ShoreliheFxempilon ' 3 1 2 0' 6 4' 10 5 8 2 6 15
Shoreline Substantial Dev 2 0 0 0 1 1 0 0 0 0 1 2
ShoreimeVariance 0 1 0 0 0 1 0 0 1 0 0 1
Short Subdivision 0 2 1 0 0 2 0 0 0 0 1 1
.Site Pre Inspection 11 8 .9. 7 19 18 17 12 24 17 10 13
Solar Panel 0 0 1 0- 0 1 1 0 2 1 1 2
'Special Use Permits 0 0 0 0. 0 0 0 0 0 0 1 0
Window Replacement 0 0 0 0 0 0 0 0 0 0 0
Total 201 229 152 106 246 289 309 278 310 259 240 248 2867
PermltType Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dec2
!Accessory Dwelling Unit 1 0 3
Addition or Remodel 9 5 8
Address Request Form 30 29 30
Administrative Varicance Request 24 14 17
Application'.fbe Ammendment 0 0 1
Boundary Line Adjustment 5 7 5
Bulkhead of Dock-Residential 1 0 5
Carport/Deck Covered 3 3 5
Change in Tennant 0 2 0
Declalration of Parcel Combination 1 0 5
Demo 6 6 4
Development Reg Variance 1 0 0
.Flood Damage Prevention Relvew 1 3 7
Forest Practices 2 1 5
Garage/Storage -•9 4 ' 11
Geological Review 7 7 9
Grading 1 0 2
Larg Lot Subdivision 0 0 0
Manufactured Home-Residential 11 12 16
Manufactured Home Replacement 0 0 0
Manufactured Modular Structure Commercial 0 0 0
Mason Environmental Permit 2 1 2
Mach/Plumb'-.Commercial 0 1 0
Mech/Plumb-Residential - -
Mechanical=.Residential` 52 36 24
New Commercial Permit 3 3 7
Neon SFR- 31 24 19
Plumbing Residential 2 9 2
Pre-Applk:ation'Meeting 15 6 6
Repair-Residential 0 1 1
Reiroof 15 23 22
Resrource Ordinance Variance 0 0 0
Retaining Wall,Deck Residential .3 0 1•
SEPA 3 4 14
Shoreline Conditional Use .0 0 0,
Shoreline Exemption 2 1 0
Shoreline Substantial Dev' 0 1 2
Shoreline Variance 0 0 1
Short Subdivision 0 0 0
Site Pre Inspection 17 17 25
Solar Panel 1 0 1
Special Use Permits 0 0 0
Window Replacement 0 0 0
Total 258 220 260 0 0 0 0 0 0 0 0 0 738
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Alex Paysse
DEPARTMENT: Community Services, EXT: 279
Environmental Health
BRIEFING DATE: 3/29/2021
PREVIOUS BRIEFING DATES: 7/15/2019, 8/5/2019, 12/9/2019, 2/24/2020,
11/30/20, 1/25/21, 2/22/21, 3/8/21
If this is a follow-up briefing, please provide only new information
ITEM: Set public hearing on Tuesday, April 27, 2021 at 9:15 A.M. to consider
approval of an ordinance combining existing shellfish protection districts into a single
district model and establish a reliable funding mechanism. Ordinance includes
revisions to Mason County Code Titles 3 and 6, adding chapter 6.88 and revising
chapter 3.172
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
Mason County Board of County Commissioners are considering the combination of
existing shellfish protection districts into a single district model and establish a reliable
funding mechanism.
PUBLIC OUTREACH: (Include any legal requirements, direct notice,
website, community meetings, etc.)
BUDGET IMPACTS:
RECOMMENDED OR REQUESTED ACTION:
Approval to place Public Hearing date on March 30th Action Agenda.
ATTACHMENTS:
Notice of Hearing
Draft Ordinance
Briefmg Summary 3/24/2021
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a
public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton,
WA 98584 on April 27th, 2021 at 9:15 A.M.
SAID HEARING will be to take public comment on the combination of existing shellfish
protection districts into a single district model and establish a reliable funding mechanism.
Ordinance includes revisions to Mason County Code Titles 3 and 6, adding chapter 6.88 and
revising chapter 3.172
Pursuant to Proclamation by the Governor 20-28.15, in-person attendance to
Commission meetings is temporarily restricted and during this time we will accept public
testimony using Zoom. The URL is available on the County website
https://www.co.mason.wa.us/ to sign into the meeting. Please use the ""raise hand"feature to
be recognized by the Chair to provide your testimony. You can also email testimony to
msmith@co.mason.wa.us or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA
98584; or call (360) 427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office, Shelton
(360) 427-9670, Belfair (360) 275-4467, or Elma (360) 482-5269, ext. 419.
DATED this 30 day of March, 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board
Bill: Mason County Community Services
415 N. 6tn Street, Shelton WA 98584
Cc: Commissioners
Shelton Journal: Publ. 2t: 4/8 &4/15
ORDINANCE NO.
AN ORDINANCE COMBINING ALL EXISTING SHELLFISH PROTECTION
DISTRICTS AND AMENDING MASON COUNTY CODE TITLES 3 AND 6
WHEREAS, Mason County is home to over 200 miles of marine shoreline and 25,000
acres of commercial shellfish harvest area; and
WHEREAS, Mason County has experienced many historic commercial shellfish harvest
downgrades from Washington State Department of Health due to bacterial pollution from
non-point pollution sources; and
WHEREAS, State law (Chapter 90.72 RCW) directs a county having shellfish tidelands
within its boundaries to establish a Shellfish Protection District and to establish a Clean
Water Program with elements intended to improve water quality by eliminating or reducing
nonpoint pollution sources; and
WHEREAS, Mason County has established historic Shellfish Protection Districts in
response to previous downgrades per Chapter 90.72 RCW including (but not limited to)
Oakland Bay Clean Water District, Annas Bay Shellfish Protection District, North Bay
Shellfish Protection District, Totten Little Skookum Shellfish Protection District, McLane
Cove Shellfish Protection District and Big Bend Shellfish Protection District increasing
administrative requirements in management of said districts; and
WHEREAS, this County's legislative authority recognizes both commercial and private
shellfish harvest as a vital aspect to Mason County and requires protection from nonpoint
pollution sources; and
WHEREAS, this County's legislative authority further recognizes maintaining the highest
levels of water quality is paramount to sustaining the livelihood of Mason County, this
Puget Sound region, and to the greater environment; and
WHEREAS, Mason County is encouraged by the legislature to: "establish shellfish
protection district(s) and programs designed to prevent any further degradation and
contamination and to allow for restoration and reopening of closed shellfish areas" by
Chapter 90.72 RCW.
NOW, THEREFORE, BE IT ORDAINED BY THE MASON COUNTY BOARD OF
COUNTY COMMISSIONERS that a Shellfish Protection District be established
encompassing the area within the boundaries shown on "Attachment A" and be called the
"Mason County Clean Water District"; and
t
BE IT FURTHER ORDAINED that past shellfish protection districts and/or clean water
districts within the boundaries of this new Mason County Clean Water District be
abolished per Chapter 90.72.040(1) RCW; and
BE IT FURTHER ORDAINED that a financing mechanism be established, specifically an
annual parcel fee of five dollars and six cents ($5.06) for parcels or lands specified in the
chapter below, with a five (5) year sunset requiring review and re-authorization of said fee
and programs.
BE IT FURTHER ORDAINED the Mason County Board of Commissioners hereby
approves and adopts revisions to Mason County Code Title 6, adding Chapter 6.88 which
is to read:
Chapter 6.88
MASON COUNTY CLEAN WATER DISTRICT
Sections:
6.88.010 Establishment
6.88.020 Purpose
6.88.030 Definitions
6.88.040 Clean Water Program Creation and Authority
6.88.050 District Boundaries
6.88.060 Assignment of a lead department
6.88.070 Advisory Committee
6.88.080 Program Evaluation
6.88.090 Annual Fee
6.88.100 Parcels Exempt from Fee
6.88.010 - Establishment
Pursuant to Chapter 90.72 RCW there is hereby established a shellfish protection
district, which shall be called the Mason County Clean Water District.
6.88.020 - Purpose
The purpose of the Mason County Clean Water District is to accomplish the mandates
of Chapter 90.72 RCW to protect and improve the water quality in shellfish growing
areas. This will include, but not limited to, establishing programs and projects to reduce
non-point pollution threatening surface water quality in Mason County
Nothing within this chapter is intended to supersede, limit or reduce development rights
on parcels within the district and any such development will continue to be regulated
under Mason County development regulations, shoreline master program and
other applicable building and land use codes.
6.88.030 - Definitions
Reserved
6.88.040 - Clean Water Program Creation and Authority
Mason County, pursuant to Chapter 90.72 RCW hereby creates a Clean Water Program
to implement a comprehensive, countywide water quality plan.
6.88.050 - District Boundaries
The legal boundaries of the Mason County Clean Water District include all lands within
Mason County with surface water drainage connection to a marine body of water as
described by the Oakland Bay, Case Inlet, Hood Canal, Totten Little Skookum
watersheds.
6.88.060 -Assignment of a lead department
The Mason County board of commissioners hereby directs Mason County Community
Services to serve as the county department responsible for administering the Clean
Water District (in coordination with the Washington State Department of Health, the
Washington State Department of Ecology, the Puget Sound Partnership, Mason
Conservation District, Skokomish Tribe, Squaxin Tribe, and other appropriate entities).
6.88.070 -Advisory Committee
The Mason County board of commissioners will, through written resolution, create a
local advisory committee to assist in implementing the purposes and goals of this clean
water district. The advisory committee shall have no less than three or more than nine
members, including members of the City of Shelton, commercial shellfish growers,
Mason County board of health members, and residents of Mason County.
6.88.090 -Annual Fee
A fee of five dollars and six cents ($5.06) per year per tax parcel within the Mason
County Clean Water District as described in 6.88.050, except for tax parcels or lands
described in 6.88.100 is hereby established.
All tax parcels subject to fees shall be assessed annually beginning in 2022. Billing
shall be included on the annual property tax statements and collected by the Mason
County Treasurer consistent with Chapter 84.56 RCW.
A re-occurring sunset of 5 years thereafter 2022 shall remain in effect unless said fees
are re-authorized by Mason County Board of County Commissioners.
Changes to annual fee will be subject to review and approval by the Mason County
Board of Commissioners.
6.88.100 - Fee Exemption
The following described parcels or lands shall not be subject to said annual fees
described in 6.88.090:
a. Tax parcels classified as forest land under Chapter 84.36 RCW and timber land
under Chapter 84.34 RCW.
b. Tax parcels within the boundaries of City of Shelton.
c. Tax parcels connected to a Wastewater Treatment Facility or which fees are
imposed under Chapter 36.94 RCW for substantially the same programs and
services.
d. Tax parcels determined by the county assessor to qualify for a senior citizen or
disabled persons property tax exemption under RCW 84.36.381 on January 1st
of the tax year shall not be subject to said fee.
e. All other exemptions outlined within Chapter 90.72.070 RCW.
If a portion of a real property parcel does not satisfy any exemption criteria specified in
this section, then the parcel shall be subiect to said fee.
BE IT FURTHER ORDAINED the Mason County Board of Commissioners hereby
approves and adopts revisions to Mason County Code Title 3, Chapter 3.172 which is to
read:
Chapter 3.172
GAKI AND nnv RHO 1 FISH PROTECTION MASON COUNTY CLEAN WATER
DISTRICT FUND
3.172.010 - Established.
The Mason County board of county commissioners does hereby establish the Oakland
Bay shellfish pFete„+;,,., Mason County Clean Water District fund (145-000-000) to
receive resources and to pay the costs of the Oakland Bay Shellfiish-PFGteGtiBn Mason
County Clean Water District.
3.172.020 -Administration.
The director of p bliG health Mason County Community Services will administer this
fund and pay proper expenses from this fund as approved by the Mason County board
of county commissioners.
DATED this day of 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Randy, Neatherlin, Chair
McKenzie Smith, Clerk of the Board
Sharon Trask, Commissioner
APPROVED AS TO FORM:
Tim Whitehead Kevin Shutty, Commissioner
Chief Deputy Prosecuting Attorney
~ r
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Mason County Clean Water District
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Dave Windom / Todd Parker
DEPARTMENT: Community Services — Community EXT: 260
Health
BRIEFING DATE: 3/29/21
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide:only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other— please explain
ITEM:
Treasury Rent Assistance Program (T-RAP) Contract with the Department of Commerce
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
The Treasury Rent Assistance Program Grant is intended to prevent evictions by paying
past due and future rent, and past due utilities while targeting limited resources to those
with the greatest needs and distributing funds equitably.
The funds are from the U.S. Department of the Treasury in the amount of$3,459,027.
Grant funds are administered by the Local Government Coronavirus Relief Fund thru the
Washington State Department of Commerce.
BUDGET IMPACT:
No impact to general fund.
PUBLIC OUTREACH;(Include any legal requirements, direct notice,website,community
meetings,etc.)
Outreach efforts will continue and follow the same strategy as with the Eviction Rent
Assistance Program.
RECOMMENDED OR REQUESTED ACTION:
Move to action agenda on March 30 for approval to contract with the Department of
Commerce for the T-RAP Grant.
ATTACHMENTS:
Contract
Briefmg Summary 3/22/2021
�Q ® Washington State
Department of
1440 Commerce
Interagency Agreement with
Mason County Health Services
through
Community Services and Housing Division
Housing Assistance Unit
Treasury Rent Assistance Program (T-RAP)
Start date: March 1, 2021
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority .................................................................................................................1
2. Acknowledgement of Federal Funding........................................................1
3. Grant Management................................................................................................1
4. Compensation ........................................................................................................1
5. Billing Procedures and Payment............................................................................2
6. Subgrantee Data Collection ...................................................................................2
7. Insurance.............................................................................................2
8. Audit....................................................................................................2
9. Debarment............................................................................................3
10. Compliance with Attachment"C"-Treasury Contract Terms............................3
11. Order of Precedence..............................................................................................3
General Terms and Conditions
1. Definitions ..............................................................................................................4
2. All Writings Contained Herein................................................................................4
3. Amendments..........................................................................................................4
4. Assignment............................................................................................................4
5. Confidentiality and Safeguarding of Information....................................................4
6. Copyright................................................................................................................5
7. Disputes.................................................................................................................5
8. Governing Law and Venue ....................................................................................5
9. Indemnification.......................................................................................................5
10. Licensing, Accreditation and Registration..............................................................5
11. Recapture...............................................................................................................6
12. Records Maintenance............................................................................................6
13. Savings...................................................................................................................6
14. Severability.............................................................................................................6
15. SubGranting...........................................................................................................6
16. Survival...................................................................................................................7
17. Termination for Cause............................................................................................7
18. Termination for Convenience.................................................................................7
19. Termination Procedures.........................................................................................7
20. Treatment of Assets...............................................................................................8
21. Waiver....................................................................................................................8
Attachment A, Scope of Work
Attachment B, Budget
Attachment C, Treasury Rent Assistance Program Contract Terms
Attachment D, Department of Commerce Treasury Rent Assistance Program Guidelines
ii
FACE SHEET
Grant Number:21-4616C-117
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Treasury Rent Assistance Program
1.Grantee 2.Grantee Doing Business As(optional)
Mason County Health Services
415N6THST
SHELTON,WA 98584
3.Grantee Representative 4. COMMERCE Representative
Casey Bingham Kathryn Dodge P.O.Box 42525
Fiscal Manager Grant Manager 1011 Plum Street SE
360-427-9670 ext 562 (360)764-9682 Olympia,WA 98504-2525
caseyb@co.mason.wa.us kathryn.dodge@commerce.wa.gov
5. Grant Amount 6.Funding Source 7.Start Date S.End Date
$3,459,027.00 Federal:X State: Other:N/A: March 1,2021 December 31,2021
9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if applicable):
$3,459,027.00 US Dept. of the Treasury 21.023 N/A
10.Tax ID# 11.SWV# 12.UBI# 13.DUNS#
XXXXXXXKXXXXXX SWV0001893-04 232002101 N/A
14.Grant Purpose
The Treasury Rent Assistance Program Grant is intended to prevent evictions by paying past due and future rent,and past due
utilities while targeting limited resources to those with the greatest needs and distributing funds equitably.
15.Signing Statement
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of
this Grant and Attachments and have executed this Grant on the date below and warrant they are authorized to bind their respective
agencies. The rights and obligations of both parties to this Grant are governed by this Grant and the following documents hereby
incorporated by reference:Attachment"A"—Scope of Work,Attachment`B"—Budget,Attachment"C"—Treasury Rent Assistance
Program Contract Terms—Attachment"D"Department of Commerce Treasury Rent Assistance Program Guidelines.
FOR GRANTEE FOR COMMERCE
Printed Name,title Diane Klontz,Assistant Director
Community Services and Housing Division
Signature Date
APPROVED AS TO FORM ONLY BY ASSISTANT
Date ATTORNEY GENERAL 07/21/2020.
APPROVAL ON FILE.
iii
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
1. AUTHORITY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Recipient understands and agrees that the funds disbursed under this award may only be used for
the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act, 2021,
Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as"Section 501").
The Grantee agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in
whole or in part with federal funds under this Grant, shall contain the following statements:
"This project was supported by a grant awarded by US Department of the Treasury. Points of view in this
document are those of the author and do not necessarily represent the official position or policies of the
US Department of the Treasury. Grant funds are administered by the Local Government Coronavirus
Relief Fund thru the Washington State Department of Commerce."
3. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Grant.
a. The Representative for COMMERCE and their grant information are identified on the Face Sheet
of this Grant.
b. The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed the Grant amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Grant as set
forth in the Scope of Work(Attachment A).
5. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE.
When requesting reimbursement for expenditures made, Grantee shall submit all Invoice Vouchers and
any required documentation electronically through COMMERCE's Grants Management System (CMS),
which is available through the Secure Access Washington (SAW) portal.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this
Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Grantee, if the Grant is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subgrantees.
6. SUBGRANTEE DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by COMMERCE and at intervals as
agreed by the parties, regarding work under this Agreement performed by subgrantees and the portion of
funds expended for work performed by subgrantees, including but not necessarily limited to minority-
owned,woman-owned, and veteran-owned business subgrantees. "Subgrantees" shall mean
subgrantees of any tier.
7. INSURANCE
Local Government Self-Insured/Liability Pool or Self-Insured Risk Management Program
Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self-insurance,
evidencing continued coverage under Grantee's self-insured/liability pool or self-insured risk management
program. Such annual summary of coverage and letter of self-insurance will be provided on the
anniversary of the start date of this Agreement.
8. AUDIT
Grantee shall maintain internal controls providing reasonable assurance it is managing federal awards in
compliance with laws, regulations, and provisions of Grants or grant agreements that could have a
material effect on each of its federal programs; and prepare appropriate financial statements, including a
schedule of expenditures of federal awards.
If the Grantee expends $750,000 or more in federal awards from any and/or all sources in any fiscal year,
the Grantee shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon
completion of each audit, the Grantee shall:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee expends less than $750,000 in federal awards from any and/or all sources in any fiscal
year, the Grantee shall notify COMMERCE they did not meet the single audit requirement.
The Grantee shall send all single audit documentation to auditreview(cD-commerce.wa.gov.
9. DEBARMENT
Grantee,.defined as the primary participant and it principals, certifies by signing these General Terms and
Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local)with commission of any of the offenses enumerated in
paragraph (1)(b) of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or more
public transactions (Federal, State, or local)terminated for cause of default.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERALFUNDS
Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach
an explanation to this Grant.
The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by COMMERCE.
The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,"as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
grantee shall attach an explanation to this Grant.
The terms covered transaction, debarred,suspended, ineligible, lower tier covered transaction,
person, primary covered transaction, principal, and voluntarily excluded, as used in this
section, have the meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a
copy of these regulations.
10. COMPLIANCE WITH ATTACHMENT"C",TREASURY RENT ASSISTANCE CONTRACT
TERMS
Grantee must comply with Attachment"C", Treasury Rent Assistance Program Contract Terms.
Should any inconsistency in terms exist, the inconsistency shall be resolved by referring to Special
Terms and Conditions, Section 11—Order of Precedence.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Attachment C, Treasury Rent Assistance Program Contract Terms
Special Terms and Conditions
General Terms and Conditions
Attachment D, Department of Commerce Treasury Rent Assistance Program Guidelines
Attachment A—Scope of Work
Attachment B— Budget
State of Washington Interagency Agreement Version 072019
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERALFUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any attachments, documents, or materials incorporated by reference. E-mail or
facsimile transmission of a signed copy of this grant shall be the same as delivery of an original.
D. "Grantee"shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health,finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State"shall mean the state of Washington.
G. "Subgrantee" shall mean one not in the employment of the Grantee, who is performing all or part
of those services under this Grant under a separate Grant with the Grantee.The terms"subgrantee"
and "subgrantees" mean subgrantee(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
3. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or
assigned by the Grantee without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Grantee that is designated as"confidential" by COMMERCE; and
iii. All personal information in the possession of the Grantee that may not be disclosed under state
or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential Information
is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential
Information or violation of any state or federal laws related thereto. Upon request,the Grantee shall
provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
Grantee shall make the changes within the time period specified by COMMERCE. Upon request,
the Grantee shall immediately return to COMMERCE any Confidential Information that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C. Unauthorized Use or Disclosure.The Grantee shall notify COMMERCE within five(5)working days
of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Grant shall be considered"works for hire"
as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all
Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials
furnished under this Grant, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received by the
Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING,ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
II. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to
compensate COMMERCE for the noncompliance in addition to any other remedies available at law or
in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
12. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grant.
The Grantee shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six(6)year period,the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or
terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for
any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Grant.
15. SUBGRANTING
The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to
subgranting, as well as copies of all subgrants and records related to subgrants. For cause,
COMMERCE in writing may: (a)require the Grantee to amend its subgranting procedures as they relate
to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or(c) require
the Grantee to rescind or amend a subgrant.
Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the
liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the subgrant.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
16. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant
in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending
or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective
action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or
suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Grant and the replacement or
cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the Grant. A termination shall be deemed a"Termination for Convenience" if it is determined
that the Grantee: (1)was not in default; or(2)failure to perform was outside of his or her control, fault
or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are in addition to
any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten(10) business days written notice,
beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is
so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for
services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may
require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the
performance of such part of this Grant as has been terminated. The provisions of the "Treatment of
Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE,and the amount agreed upon by the Grantee and COMMERCE
for(i) completed work and services for which no separate price is stated, (ii) partially completed work
and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection
and preservation of property, unless the termination is for default, in which case the Authorized
Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the"Disputes"clause of this Grant. COMMERCE
may withhold from any amounts due the Grantee such sum as the Authorized Representative
determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants for materials,services, or facilities except as maybe necessary
for completion of such portion of the work under the Grant that is not terminated;
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants
so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all
claims arising out of the termination of such orders and subgrants;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subgrants, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the Grant had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item
of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the
Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall
pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this
Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii)
reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this Grant
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subgrantees.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington Interagency Agreement Version 072019
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Attachment A
Scope of Work
The Treasury Rent Assistance Program (T-RAP) Grant is intended to prevent evictions by paying past
due and future rent, and past due utilities while targeting limited resources to those with the greatest
needs while working to distribute funds equitably.
Eligibility and Prioritization
The purpose of eligibility screening criteria is to target those most likely to become homeless but for this
assistance.
Households must meet all three of the initial screening criteria:
✓ Income at or below 80% of Area Median Income (AMI).
✓ Experiencing a financial hardship directly or indirectly due to the COVID-19 outbreak that
threatens the household's ability to pay the costs of the rental property when due.
✓ At risk of experiencing homelessness or currently experiencing housing instability.
In addition to following the eligibility criteria, the following households must be prioritized:
✓ Income at or below 50%Area Median Income (AMI).
✓ Households with one or more individuals who are unemployed and have been unemployed for 90
days before application date.
Performance Measurement
Grantees must ensure equitable access to T-RAP.
Equitable access means that the race and ethnicity of people entering T-RAP are similar to the
community demographics. Equitable access is measured by comparing the percent of people in poverty
by race and ethnicity to the percent of people entering T-RAP by race and ethnicity.
The percentage of head of households provided rent assistance must at least be equal the proportion to
the population living in poverty in the county for each of the following groups:
✓ People of Color(includes Black or African American, American Indian and Alaska Native, Native
Hawaiian or other Pacific Islander, Hispanic/Latinx, Asian, Other/Multi-Racial)
✓ Black or African American
✓ American Indian and Alaska Native
✓ Hispanic/Latinx
Data from all T-RAP grantees in the county will be combined for the purpose of performance
measurement and performance monitoring.
Additional performance target includes:
✓ Ten percent of households served must be youth or young adults age 18-24, this includes
emancipated 16 and 17 year olds.
Local Variance
Grantees interested in implementing program restrictions or additional eligibility requirements must
ensure they are based on vulnerability and/or risk and must first consult with their Commerce T-RAP
Grant Coordinator before implementation.
Attachment A
By and For Subgrants
Grantees must actively work to partner with By and For organizations in their communities that assist and
serve marginalized populations. It is incumbent on the grantee to identify By and For service providers
that can best support their community members in accessing assistance.
By and For organizations are operated by and for the community they serve. Their primary mission and
history is serving a specific community and they are culturally based, directed, and substantially
controlled by individuals from the population they serve.At the core of their programs, the organizations
embody the community's central cultural values. These communities may include ethnic and racial
minorities; immigrants and refugees; individuals who identify as LGBTQ+, individuals with disabilities or
who are deaf; and Native Americans.
Partner with Dispute Resolution Centers
Grantees must coordinate with their local Dispute Resolution Centers (DRC) if one exists within their
service area. DRCs can be an important pathway to prevent evictions, and providing rent assistance can
be critical to settling disputes.
Attachment B
Budget
Commerce will monitor spending regularly to help ensure grantees are on track to spend out at least 65
percent of their award by September 30, 2021.
Beginning on September 30, 2021, the Department of Treasury will determine which grantees have
obligated at least 65 percent of their award and reallocate the unobligated funds. The amount of any such
reallocation shall be determined based on demonstrated need within a grantee's jurisdiction.
In August, Commerce will plan reallocations to meet the federal spending deadline. Grantees that do not
meet the invoice deadlines will be subject to grant budget reductions and funds will be reallocated.
March 1, 2021 —December 31, 2021
Budget Category
Administration and $439,193
Operations
Rent and Utilities $2,854,774
By& For Sub contract $165,059
Total $3,459,027
MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING
MARCH 29,2021
Briefing Items
• Private Line Occupancy permit for Robert and Shannon Durbin for a sewer transportation and
water line at 9661 NE North Shore Road.
Discussion Items
Commissioner Follow-Up Items
Upcoming Calendar/Action Items
Attendees:
Commissioners: Public Works: Other Dept. Staff: Public:
_Randy Neatherlin _Loretta Swanson
_Kevin Shutty _Mike Collins
_Sharon Trask _Richard Dickinson
_Other(list below):
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins RE, County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: March 29, 2021
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human
Resources
X Legal ❑ Other— please explain
ITEM: Private Line Occupancy Permit
EXECUTIVE SUMMARY:
Robert & Shannon Durbin have applied for a Private Line Occupancy Permit to install a new
underground waterline and sewer transport line This permit will include running a new
waterline and a septic transport line for moving the drain field to an upland portion of their
lot.
The home owner's property is located at 9661 NE North Shore Road (parcel number
32224-51-01002). The permit will cover the running a new waterline and a septic transport
line that will run under the North Shore Road. (see attached map).
BUDGET IMPACT:
No budget impacts. An application fee of $200 has been paid to process the proposed
Private Line Occupancy Permit.
PUBLIC OUTREACH:
N/A
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board approve the Private Line Occupancy Permit granting permission to
run the utility lines under and across NE North Shore Road for address 9661 , parcel
number 32224-51-01002.
Attachments:
1. PLO
2. Vicinity Map
IN THE MATTER OF THE APPLICATION OF Robert& Shannon Durbin
FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE,
AND MAINTAIN A sewer transport line and water line ALONG AND UNDER
North Shore Road , A COUNTY MAINTAINED ROAD LOCATED IN MASON
COUNTY, WASHINGTON
Application of Robert&Shannon Durbin ,with principal residence located,by and through
9661 NE North Shore Road Belfair, WA , for a private line utility occupancy permit to
construct, operate and maintain a private waterline under county roads and highways in Mason
County, Washington, as set forth in attached Exhibit "A", having come before the County
Commissioners of Mason County,Washington during a regularly scheduled public meeting,on
the day of , 20_, and that it is in the public interest to allow the private
line utility occupancy permit herein granted;
NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy
permit be, and the same is hereby given and granted to operator, and its successors and assigns,
hereinafter referred to as the "Permittee", for a period commencing from and after the date of
the entry of this order for the purposes, at the location(s), and upon the express terms and
conditions as described herein, and terminating as provided herein.
I. DEFINITIONS
For the purposes of this private line utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right-of-Way published by the
County Engineer(the "Manual"), shall have the same meaning or be interpreted as provided in
Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the
Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12
of the Mason County Code or the Manual refers to the same as may be amended, revised,
updated, re-enacted or re-codified from time to time.
II. GRANT
The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive
private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective
shall authorize the Permittee to enter upon the road rights-of-way located within the Permit
Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the
following described purpose(s):A sewer transport line and water line.
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Such grant is subject to and must be exercised in strict accordance with and subject to this
Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,
regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit
is subject to the exercise of the County's police powers, and other regulatory powers as it may
have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit
does not include permission to enter into or upon the road rights-of-way for any purposes others
than the purposes expressly described herein. Permittee has a duty to notify the County of any
change in use or condition of the utility facilities that may affect the status of the utility facilities
as (a)private line(s) or the impact of the utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-
way (hereafter collectively or individually the "Work"), without first applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit, such conditions and regulations as may be necessary for the
protection, preservation and management of the road rights-of-way, including, by way of
example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration
of such road rights-of-way and structures, and for the protection of the County and the public
and the continuity of pedestrian and vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights-of-way or other county property upon plans drawn to scale, hereinafter collectively
referred to as the "map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures, traffic control,traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities, particularly
those located underground or attached to bridges or other structures within the road right-of-
way.
The location,alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit,
public or private property,the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before
the Work was commenced, to the reasonable satisfaction of the County Engineer. The
Permittee shall pay all costs of and expenses incurred in the examination, inspection and
approval of such restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have done
any and all work that they consider necessary to restore to a safe condition such County road
right-of-way or other County property left by the Permittee or its agents in a condition
dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs
of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that,with regard to Work within the road rights-of-
way:
A. All of Permittee's utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other
County-established requirements for placement of utility facilities in road rights-of-way,
including the specific location of utility facilities in the road rights-of-way, and all applicable
laws,rules,regulations and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
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exhibit depicting the existing or proposed location of the utility facility in relation to the road,
including right-of-way or easement lines; relationship to currently planned road revisions, if
applicable; and all locations and situations for which deviations in depth of cover (including
the proposed method of protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County, with the construction, operation and maintenance
of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and
structures, located therein,nor with the grading or improvements of such County roads,rights-
of-way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others, including others that
may be installing utility facilities; and
F. The County may require that Permittee's utility facilities be installed at a particular
time, at a specific place, or in a particular manner as a condition of access to a particular road
or road right-of-way;may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County,or which is installed without prior
County approval of the time, place, or manner of installation and charge the Permittee for all
the costs associated with removal; and may require Permittee to cooperate with others to
minimize adverse impacts on the road and road rights-of-way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law, including to ensure
that the private line utility facilities are constructed and maintained in a safe condition. If an
unsafe condition is found to exist,the County, in addition to taking any other action permitted
under applicable law, may order the Permittee, in writing, to make the necessary repairs and
alterations specified therein forthwith to correct the unsafe condition on a time-table established
by the County which is reasonable in light of the unsafe condition. The County has the right to
correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and
to charge the Permittee therefor. The right of the County to conduct such inspections and order
or make repairs shall not be construed to create an obligation therefore, and such obligation to
construct and maintain its utility facilities in a safe condition shall at all times remain the sole
obligation of the Permittee.
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H. When required by the County, Permittee shall make information available to the
public regarding any Work involving the ongoing installation, construction, adjustment,
relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the
work being performed; (2)where it is being performed; (3) its estimated completion date; and
(4)progress to completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC
COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES
AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any
underground work, Permittee will contact the appropriate personnel to have such facilities
located and make arrangements as to protective measures that must be adhered to prior to the
commencement of any work within the road and road rights-of-way. In addition to the liability
terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its
elected and appointed officers, employees and agents harmless against and from all cost,
liability, and expense whatsoever(including,without limitation,attorney's fees and court costs
and expenses) arising out of or in any way contributed to by any act or omission of Permittee,
its contractor, agents and/or employees,that cause or in any way or degree contribute to (1) any
damage to or destruction of any such facilities by Permittee,and/or its contractor,agents and/or
employees, on the County's property, (2) any injury to or death of any person employed by or
on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-
way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of
service,by a customer or user of services or products of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below, Permittee and its agents may
not enter upon the permit area to perform work for which a utility permit is required,unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action,Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit, Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,
promptly followed by written notice. In all cases, notice to the County shall be given as far in
advance as practical prior to entry or as soon as practicable after entry upon the road right-of-
way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused,created by or attributable to the presence,
construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights-
of-way.
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N. If, during any Work, Permittee or its agents discover scientific or historic artifacts,
Permittee or its agents shall immediately notify the County of said discovery and shall protect
such artifacts in a manner as specified by the County. Any such artifact shall be the property
of the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman-like manner. In the
performance of any Work, including without limitation, the opening of trenches and the
tunneling under county roads, right-of way or other county property, the Permittee shall leave
such trenches, ditches and tunnels in such a way as to interfere as little as possible with public
travel and shall take all due and necessary precautions to guard the same, so that damage or
injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches
and tunnels are left open at night,the Permittee shall place warning lights,barricades and other
appropriate protective devices at such a position as to give adequate warning of such Work.
The Permittee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect, or through any failure or neglect to properly guard or
give warning of any trenches, ditches or tunnels dug or maintained by the Permittee.
VII. POLICE POWERS
The County,in granting this Permit,does not waive any rights which it now has or may hereafter
acquire with respect to county roads, rights-of-way or other county property and this Permit
shall not be construed to deprive the county of any powers, rights or privileges which it now
has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way
and other county property covered by this Permit. The County retains the right to administer
and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve
a particular right to regulate, or reference a particular regulation, shall not be interpreted by
negative implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work, comply with the following requirements:
A. The Permittee shall,by a time specified by the County,protect, support,temporarily
disconnect, relocate, or remove any of its utility facilities when required by the County by
reason of traffic conditions; public safety; road right-of-way construction; road right-of-way
repair (including resurfacing or widening); change of road right-of-way grade; construction,
installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines,
tracks, communications system, other public work, public facility, or improvement of any
government-owned utility; road right-of-way vacation; or for any other purpose where the
County work involved would be aided by the removal or relocation of the utility facilities.
Collectively, such matters are referred to below as the "public work."
Permittee acknowledges and understands that any delay by Permittee in performing the above
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described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage
to the County, including but not limited to, delay claims. Permittee shall cooperate with the
County and its contractors and subcontractors to coordinate such Permittee work to
accommodate the Public Work project and project schedules to avoid delay, hindrance of, or
interference with the Public Work. The County shall make available to the Permittee a copy of
the Six Year Transportation Program and the County's annual construction program after
adoption each year. It is anticipated these programs will aid the Permittee in planning
construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the
County within the road rights-of-way. The rights granted to the Permittee herein do not
preclude the County, its employees, contractors, subcontractors, and agents from blasting,
grading, excavating, or doing other necessary road work contiguous to Permittee's utility
facilities; providing that, -the Permittee shall be given a minimum of forty-eight (48) hours
notice of said blasting or other work in order that the Permittee may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing
to an imminent danger to health, safety, or property, the County may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior
notice, and charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests
the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's
utility facilities to accommodate the construction, operation, or repair of the facilities of such
other person,the Permittee shall, after 30 days' advance written notice,take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee's service, or if the effect of such changes would be to permanently deprive Permittee
of the beneficial enjoyment of this Permit for its intended purposes through interference with
the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to
relocate its utility facilities. Unless the matter is governed by a valid contract or a state or
federal law or regulation, or unless the Permittee's utility facilities were not properly installed,
the reasonable cost of the same shall be borne by the Person requesting the protection, support,
temporary disconnection,removal, or relocation at no charge to the County, even if the County
makes the request for such action.
E. The Permittee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings
or other objects. The expense of such temporary removal or raising or lowering of wires shall
be paid by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Permittee that
are the result of the negligence of Mason County, its trustees, officers, employees, contractors,
7
subcontractors or agents while performing County improvement or Public Works projects
enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited
to physical damage to properly installed and located infrastructure of the Permittee and the cost
to repair such physical damage. Mason County retains the right to assert all applicable defenses
in the event of a dispute including contributory_negligence on the part of the Permittee. Mason
County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any Work is performed under this permit which may affect any existing monuments or
markers of any nature relating to subdivisions,plats, roads and all other surveys,the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee's Work and operations under this Permit. The
method of referencing these monuments or other points to be referenced shall be approved by
the County Engineer. The replacement of all such monuments or markers disturbed during
construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24
and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments
shall be borne by the Permittee.
A complete set of reference notes for monument and other ties shall be filed with the office of
the Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the County,
in either its proprietary or governmental capacity, then the Board of Mason County
Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee,
terminate this Permit with reference to such county road right-of-way or other County property
so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee
by reason of such termination. It has been the practice of Mason County to reserve easements
for utilities at the time of road vacation, and will continue to be the practice until such time the
Board of Mason County Commissioners direct a change of practice.
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XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee's contractors
shall not perform or cause to be performed any Work, unless and until Permittee (to the extent
Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
Permittee's contractor performs any of the Work in the road right-of-way) provide certificates
of insurance evidencing that Permittee or Permittee's contractors are in compliance with the
following requirements, including,maintaining insurance in at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,
bodily injury, and property damage. The Commercial General Liability insurance shall be
written on an occurrence basis, with an aggregate limit location endorsement for the Permit
Area, and shall provide coverage for any and all costs, including defense costs, and losses and
damages resulting from personal injury, bodily injury and death, property damage, products
liability and completed operations arising out of the Work. Coverage must be written with the
following limits of liability:
Bodily and Personal Injury &Propegy Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained by Permittee's
contractor to comply with statutory limits for all employees, and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned,
hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and
approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County's Risk Manager. All coverage shall be listed on one certificate with
the same expiration dates.
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The certificates shall contain a provision that coverages afforded under these policies will not
be canceled until at least 30 days'prior written notice has been given to the County.
In the event that-the insurance certificate provided indicates that the insurance shall terminate
or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least
30
days prior to the expiration of the date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage has been or will be obtained prior to any such lapse or
termination during the balance of the period of the Permit.
The County reserves the right, during the term of the Permit, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this Permit shall be primary and non-contributing
as respects any coverage maintained by the County and shall include an endorsement reflecting
the same. Any other coverage maintained by County shall be excess of this coverage herein
defined as primary and shall not contribute with it. The certificate of insurance must reflect
that the above wording is included in all such policies.
Each insurance policy obtained pursuant to this Permit shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of"A" and a class of"X" or better in the latest
edition of`Best's Key Rating Guide"published by A.M.Best Company, or such other financial
rating or rating guide approved in writing by the County's risk manager. In the event that at
any time during coverage, the insurer does not meet the foregoing standards, Permittee shall
give or shall cause its contractors to give prompt notice to the County and shall seek coverage
from an insurer that meets the foregoing standards. The County reserves the right to change
the rating or the rating guide depending upon the changed risks or availability of other suitable
and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this
Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions
for work or incidents occurring within any distance from a railroad track or railroad property,
or on, over, or under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation,pursuant to an endorsement approved of by
the County's Risk Manager or designee.
Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance
must reflect this waiver of subrogation rights endorsement.
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B. Contractor Bond. All contractors performing Work on behalf of Permittee shall.
be licensed and bonded.
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
hold harmless the county and the county's legal representatives,officers(elected or appointed),
employees and agents (collectively, "indemnitees") for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs
of investigation,removal and remediation and governmental oversight costs),environmental or
otherwise(collectively"liabilities") of any nature, kind, or description, of any person or entity,
directly or indirectly, arising out of,resulting from, or related to (in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee's occupation and use of the road right of way;
4. permittee's operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part,by permittee or its agents; or
7. the acts,errors,or omissions of third parties when arising out of the,installation,
construction, adjustment, relocation, replacement, removal, or maintenance of such third party
utility facilities within the road rights-of-way when such work is performed under authority of
the operator's utility permit or at the direction or under the control of the operator; or
8. any act or omission of permittee or permittee's agents; or
9. any act or omission of contractor or its employees, agents, or subcontractors
when arising out of the work.
Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any
indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole
negligence or intentional misconduct of an indemnitee or for liabilities that by law the
indemniteees cannot be indemnified for.
Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity, relating to any matter covered
by this permit for which permittee has an obligation to assume liability for and/or save and hold
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harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but
not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement
payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said
judgment within ninety (90) days after said suit or action shall have finally been determined if
determined adversely to mason county. upon the permittee's failure to satisfy said judgment
within the ninety (90) day period, this permit shall at once cease and terminate and the county
of mason shall have a lien upon permittee's utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee's utility system which may be
enforced against the property for the full amount of any such judgment so taken against any of
the indemnitees
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under, along, across, over and upon any
of the County roads, rights-of-way or other County property subject to this Permit and shall in
no way prevent or prohibit the County of Mason from constructing, altering, maintaining or
using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or
facilities, or any other county property or affect its jurisdiction over them or any part of them
with full power to make all necessary changes,relocations,repairs,maintenance, etc.,the same
as the County may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations
and liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor, heir, administrator,
executor or assign of such party who has acquired its interest in compliance with the terms of
this Permit or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect
to the Permit and guaranteeing performance under the terms and conditions of the Permit and
that transferee will be bound by all the conditions of the Permit and will assume all the
obligations of its predecessor. Such an assignment shall relieve the Permittee of any further
obligations under the Permit, including any obligations not fulfilled by Permittee's assignee;
provided that, the assignment shall not in any respect relieve the Permittee, or any of its
successors in interest, of responsibility for acts or omissions, known or unknown, or the
12
consequences thereof, which acts.or omissions occur prior to the time of the assignment. No
Permit may be assigned -or transferred without filing or establishing with the county the
insurance certificates, security fund and performance bond as may be required pursuant to this
.Permit.
XV. ANNEXATION
Whenever any of the County road rights-of-way or other county property as designated in this
Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits
of any town or city, shall fall within the city or town limits; then, except to the extent allowed
by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county
property so included with city or town limits; but this Permit shall continue in force and effect
to all county road rights-of-way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided
at Section XVIII herein and continue in PERPETUITY until terminated or otherwise
superseded by a subsequent franchise, private line utility occupancy permit, master road use
permit or other agreement of the Parties. In the event that it is determined by a court of
competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this
Permit shall be deemed to have a term for the maximum period allowed by law, and if no such
maximum period is readily and easily capable of being identified, for a term of not longer than
fifty (50)years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a
franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may
be terminated by the County with or without cause. This means that the County is not required
to have or provide a reason for the termination and that the County may terminate this Permit
in its sole discretion without penalty to the County and regardless of whether or not Permittee
is or is not in default;provided that,the County may not terminate this Permit for a reason that
is unlawful. The Parties agree that the only condition of termination by the County of this
Permit is that the County must give not less than ninety(90)days written notice to the Permittee
of termination. The County Engineer is authorized to exercise the right of the County to
terminate this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall
automatically terminate upon: (1) assignment of the Permit without the prior written consent of
the County in substantially the form of an Assignment Agreement (obtained by request), (2)
transfer of the utility facilities located with the Permit Area without prior written notice to the
County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real
property or any part thereof benefited by the installation and operation of the utility facilities
without prior written notice to the County and mutual acceptance of an assignment of the
Permit, or(4)use of the utility facilities for the benefit of persons other than the owner/operator
in a manner that no longer constitutes a de-minimis use of the road right-of-way.
13
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de-commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration
of the road right-of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road
rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County
Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and .
de-commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and
completely perform such work, the County may perform or complete such work at the cost of
the Permittee and Permittee shall be obligated to reimburse the County for such work within 30
days of invoice by the County.
F. Remedies. In addition to the right of the County to terminate this Permit,the County
has the right to exercise any and all of the following remedies, singly or in combination, in the
event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe
or perform any of Permittee's or its agent's duties or obligations under this Permit:
1. Damages. Permittee shall be liable for any and all damages incurred by
County.
2. Specific Performance. County shall be entitled to specific performance of
each and every obligation of Permittee under this Permit without any requirement to prove or
establish that County does not have an adequate remedy at law. Permittee hereby waives the
requirement of any such proof and acknowledges that County would not have an adequate
remedy at law for Permittee's commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County
would not have an adequate remedy at law for Permittee's commission of an Event of Default
hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in
this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the
County to commence an action for equitable or other relief and/or proceed against Permittee
and any guarantor for all direct monetary damages, costs and expenses arising from the Default
and to recover all such damages, costs and expenses, including reasonable attorneys' fees.
Remedies are cumulative; the exercise of one shall not foreclose the exercise of others.
14
XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated.
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted
hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
"A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and
conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees
to abide by the same and acknowledges that it has relied upon its own investigation of all
relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of
counsel, that it was not induced to accept a Permit, that this Permit represents the entire
agreement between the Permittee and the County. In the event the Permittee fails to submit the
acceptance as provided for herein within the time limits set forth in this section,the grant herein
is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as
Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,
this Permit is not intended nor shall it be construed to create an interest in land or constitute the
grant or conveyance of a real property interest by the County to the Permittee. The requirements
of this Section XIX are intended solely to provide notice of the existence of this Permit and the
terms and conditions there under, including inter-alia, the limitations upon assignment of the
Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax
identification
number of the parcel or parcels benefited by this Permit and a legal description of each such
parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation
of any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit shall be in Mason County,
Washington or the Western District of Washington if an action is brought in federal court,
provided; however,that venue of such action is legally proper.
15
B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work
done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either parry of any provision of this Permit shall in anyway
impair the right of such party to enforce that provision for any subsequent breach, or either
party's right to enforce all other provisions of this Permit.
D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to
which such Party or Parties may be entitled.
E. Amendment. This Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this
Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is
not a part hereof, and the remaining provisions hereof will remain in full force and effect. In
lieu of any illegal, invalid or unenforceable provision herein,there will be added automatically
as a part of this Permit, a provision as similar in its terms to such illegal, invalid or
unenforceable provision as may be possible and be legal, valid and enforceable.
G. Joint and Several Liability. Permittee acknowledges that, in any case in which
Permittee and Permittee's contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee's contractors;
provided that, the Permittee is not prohibited from allocating such liability as a matter of
contract.
H. Notices. . Any notice contemplated, required, or permitted to be given under this
Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail,
return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the
Party and at the address specified below, except as such Party and address may be changed by
providing no less than thirty (30) days' advance written notice of such change in address.
Permittee: Robert& Shannon Durbin
PO BOX 2843
Belfair,WA 98528
Attn: Robert& Shannon Durbin
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
16
I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation
.upon the County to determine the adequacy or sufficiency of Permittee's plans and
specifications or to ascertain whether Permittee's proposed or actual construction, installation,
testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or
sufficient or in conformance with the plans and specifications reviewed by the County. No
approval given, inspection made, review or supervision performed by the County pursuant to
this Permit shall constitute or be construed as a representation or warranty express or implied
by County that such item approved, inspected, or supervised, complies with laws, rules
regulations or ordinances or this Permit or meets any particular standard, code or requirement,
or is in conformance with the plans and specifications, and no liability shall attach with respect
thereto. County and inspections as provided herein, are for the sole purpose of protecting the
County's rights as the owner and manager of the road rights-of-way and shall not constitute any
representation or warranty, express or implied, as to the adequacy of the design, construction,
repair, or maintenance of the utility facilities, suitability of the permit area for construction,
maintenance, or repair of the utility facilities, or any obligation on the part of the County to
insure that work or materials are in compliance with any requirements imposed by a
governmental entity. County is under no obligation or duty to supervise the design,
construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation
of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Parry for any failure
to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Party has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays,and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State
of Washington.
17
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the
Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all
other agreements of the Parties hereto with respect to all such matters, including, without
limitation, all agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage
arising out of the County's exercising its authority pursuant to this Permit or other applicable
law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance,
the County may perform the work and bill the Permittee. The Permittee shall pay the amounts
billed within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors
are subject to the same restrictions, limitations, and conditions as if the Work was performed
by the Permittee. The Permittee shall be responsible for all Work performed by its contractors
and subcontractors, and others performing Work on its behalf, under its control, or under
authority of its utility permit, as if the work were performed by it and shall ensure that all such
work is performed in compliance with this Permit, Title 12 MCC, the Manual and other
applicable law, and shall be jointly and severally liable for all damages and correcting all
damage caused by them. It is the Permittee's responsibility to ensure that contractors,
subcontractors, or other Persons performing work on the Permittee's behalf are familiar with
the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing
the work performed by them and further, for ensuring that such contractors and subcontractors
maintain insurance as required herein.
R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer
have the right to occupy the Permit area. However, the Permittee's obligations under this
Permit to the County shall survive the termination of these rights according to its terms for so
long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-
way, except to the extent the County Engineer has approved abandonment in place. By way of
illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless
the County, provide insurance and a performance/payment bond pursuant to Section XI and
Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in
effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent
that a County-approved transfer, sale, or assignment of the utility system is completed, and
another entity has assumed full and complete responsibility for the utility facilities or for the
relevant acts or omissions.
18
DATED at Shelton, Washington this day of , 20
APPROVED: BOARD OF COMMISSIONERS
MASON COUNTY, WASHINGTON
Co ty gineer
Chair
Approved as to form:
Vice Chair
Chief D.P.A.
Commissioner
19
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT "A"
MEMORANDUM OF PERMIT
Title: Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: ROBERT & SHANNON DURBIN
Description of Franchise Area: SEE EXHIBIT A-4
A-1
ACCEPTANCE OF PERMIT
Private Line Utility�0`crcupancy Permit effective , 20
I/We,— our the s-Ft,►01.)n&'of parcel(s)
OAQI�A)i S 10 O O 2-�- and Uwe am/are the (Operator and) or (representative
authorized to) accept Permit on behalf of Po �n�I�Urt;t*we certify that this
Permit and all terms and conditions thereof are accepted bye I- without
qualification or reservation and guarantee performance hereunder. I/We certify that,to the
best of my/our knowledge, the assessor's tax identification number of the parcel or parcels
benefited by this Permit and a legal description of each such parcel are as described in the
attached exhibit.
DATED this day of , 20
PERMITT S
By: R.zh-�4 �ha�nr�ar,�Ur-biti
l n Title: C-Wr,w—
STATE OF
ss.
COUNTY OF 1 )
I certify that I know or have satisfactory evidence that0 -�-
person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the
L� of the to be the free and voluntary
act of such party for the uses and purposes mentioned in the ' trument.
Dated: ( /
Notary Public ll
DEBRA PATTERSON Print Name -LP L(z-Q,
NOTARY PUBLIC My commission expires �1
STATE OF WASHINGTON
COMMISSION EXPIRES
APR IL 19, 2021
A-2
MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT
THIS MEMORANDUM OF PERMIT is dated as of the_day of ,20
between the County of Mason, a legal subdivision of the state of Washington("County")and
(Pernuttee").
1. Pro e . County has, pursuant to Private Line Utility Occupancy Permit
granted to Permittee, the right, revocable at the will of the County, to use and occupy certain
road rights-of-way for the construction, installation, adjustment, maintenance, removal, repair,
relocation and operation of Permittee's utility facilities for the benefit of the herein described
Property, upon the terms and conditions of that certain permit agreement between the parties
accepted the day of , 2020 (the"Permit"), which terms and conditions are
incorporated herein by this reference. The property to be benefited by this permit is situated in
the Mason County, Washington, legally described in Exhibit A attached hereto (herein called
the"Property"). The road right-of-way permit area("Permit Area")is also described in attached
Exhibit A.
2. Term. The term of the Permit is in perpetuity unless terminated.
3. Termination. County in its sole discretion may terminate all or part of the Permit
with or without cause upon no less than ninety (90) days written notice to the Permittee.
Further, this Permit will automatically terminate upon assignment without the prior written
consent of the County, or upon transfer of the Property without the prior written consent of the
County to an assignment of the Permit or upon transfer of all or part of the utility facilities
located in the Permit Area without the prior written consent of the County to an assignment of
the Permit.
4. Purpose of Memorandum of Permit. This memorandum of permit is prepared
for the purpose of recordation and notice and in no way modifies the Permit and is in no way
intended to or should be construed to create or convey an interest in land or the road right-of-
way.
DATED this day of ,20
CO WY OF MASON
C unty E ineet
Approved as to form:
Chief D.P.A.
A-3
FORM OF MEMORANDUM OF PERMIT
Deseription of Permit Area - .
9
Exhibit Map:9661 NE North Shore Rd.. Qurbin'.s.PLO
N °
3 22451010 3.
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O ore.
r�r•r' .
32. 2451010
3
M 4510190
' 966-11 NE NORTHSHOREAb
3 2451010 2:
9651 N R H SHORE D
3222 10190
2 2f02060 0
Waterline Septic Transport Line
B-1
Exhibit IV;a 9661 NE North Shorn Rd; Durbin I's PL0
N �
3 22451010 3
4 f
o�rsr{�
32 -2451010
f
J �' jam•
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322 4510190
9661 NE NQRTH-SHORE RD
n 3 2451010 .2
96$1 N OR_ gSHORE' D
-° 3222 10190 ,
2 2192060` Q
Waterline Septic Transport Line
_ Mason County Support Services Department Budget Management
a °°a,}. Commissioner Administration
A 411 North 5th Street
Emergency Management
Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
Labor Relations
LKit Risk Management
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
March 29, 2021
• Specific Items for Review
o Commissioner Correspondence Policy (continued from March 22)—Diane
o Designation of the Associate Development Organization (ADO)—Diane
o Public access to services provided by Support Services—Diane
o Response to RFP for Veteran services—Jenn
o Discussion of custodial services for County buildings- Kelly
o Continued review of process for replacement of Support Services Director— Frank
o Schedule KMB meeting- Frank
• Commissioner Discussion
o Letter of support for PUD 1—Cmmr. Shutty
J:\DLZ\Briefing Items\2021\2021-03-29.docx
Mason County Commission Correspondence Policy
1) Purpose:
To establish guidelines and procedures for correspondence addressed to the Mason County
Commissioners.
2) Scope:
Applies to Mason County Commissioners.
3) Definitions:
Correspondence includes any written letter, note or e-mail, including all attachments, addressed
to one or more County Commissioner,that is related to county business. The correspondence
may be delivered by any means including but not limited to USPS,e-mail,facsimile transmission,
or hand delivered.
4) Policy:
4.1 Support Services staff are authorized to and exa mine all correspondence received in
the Mason County Commissioners'Office. 'Al orreondence received by staff will be
shared with the entire Commission and app 00�diat� e county staff, according to content of the
correspondence. Distribution will be notated on`the`�Icorrespondence.
4.2 Correspondence e-mailed directly to a Commissioner may be shared at the,request of the
correspondent or Commissioner.
4.3 Corresponde ce relati g to County business will be ackno'�le ged in a Commission meeting
and loggedji o the-ree d in summary form indicating the nature of the correspondence
and the WarnE
the sender.
4.4 Correspondewill not be:read aloud in its entirety at a Commission meeting unless
submitted as b c*coTrn t-of public testimony and the sender requests it be read in its
entirety.
4.5 During a Commission mee ing,p ures, aps,etc.that relate to County business may be
held up to the camera for-'public view g tiyeither the presenter or a Commissioner. A
written copy shall be submitted,,to the Clerk of the Board for archive purposes.
4.6 Anonymous correspondence will not be acknowledged in a Commission meeting.
4.7 All correspondence relating to County business is considered a public record and shall be
retained according to the Secretary of State Archives Retention Schedule.
5) Procedures:
5.1 Correspondence will be opened, date stamped, and logged into the record of a Commission
meeting or the internal correspondence log. If correspondence is addressed to an individual
Commissioner and identified as personal or confidential, it shall be distributed to the
Commissioner unopened. If the correspondence is found to not be personal or confidential
and it relates to County business,the Commissioner shall transmit the individual
correspondence to Support Services staff to be logged and retained.
5.2 Correspondence that is not related to the conduct of county business (i.e.various
notifications from outside agencies)or that is cc'd to the Commissioners is logged into an
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internal correspondence log and a copy is provided to all Commissioners. This
correspondence is not typically acknowledged at a Commission meeting.
5.3 Inter-departmental correspondence is logged into an internal correspondence log and a
copy is provided to all Commissioners. This correspondence is not typically acknowledged at
a Commission meeting.
5.4 Response to correspondence is optional and at the discretion of the Commission. A
Commissioner may opt to respond personally to the correspondent and should be careful to
respond in a way that does not state or imply they speak for the County or the Commission
as a legislative body.
5.5 Any action taken by the Commission shall be taken in,a Commission meeting.
5.6 In order for correspondence to be acknowledged in a.Commission meeting,whether
summary form or in its entirety, it needs to be re ewed by County staff in a timely matter.
The typical deadline for the summary correspond
ence log sthe Wednesday prior to the
Commission meeting. Written public comment or testimony may be submitted to the Clerk
of the Board by close of business the Monday prior to the Commission meeting. In real time
public hearings,written testimony may be submitted during the hea ring. Copies will be
provided,via e-mail,to the entire Commission.
�a
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Zoren
DEPARTMENT: Support Services EXT: 747
BRIEFING DATE: March 29, 2021
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Designation of Mason County's Associate Development Organization (ADO) for
the 2021-2023 Biennium.
EXECUTIVE SUMMARY: The broad role of an ADO is that of advocacy and
leadership, serving as the point of contact for local economic activities,
recruiting/hosting new businesses, and coordinating business retention and expansion
efforts within its service area. The ADO serves as the principal contact for Commerce
regarding economic activity in their area. ADOs help Commerce gather data about
community profiles, industrial sites, plans for business development and retention,
reports on business activities, and proposals for other economic activities in their
service areas.
The Mason County Economic Development Council has served as Mason County's ADO
for several years.
BUDGET IMPACTS: Any required match is paid from .09 Rural Sale Tax
RECOMMENDED OR REQUESTED ACTION: Select Mason County's ADO and place
paperwork on the April 13 agenda.
Briefmg Summary 3/22/2021
STATE•
O 9
y
iaso co
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE•PO Box 42525•Olympia,Washington 98504-2625•360-725-4000
www.commerce.wa.gov
March 11, 2021
The Honorable Randy Neatherlin, Chair
Mason County Board of Commissioners
411 North 5th Street
Shelton, WA 98584
Dear Commissioner Neatherlin:
Every two years, the Department of Commerce begins the process of contracting with Associate
Development Organizations (ADOs) by sending a letter to the Board of County Commissioners
or County Executive in each county requesting designation of an ADO.
Commerce is directed by RCW 43.330.080 to contract with county-designated ADOs to
increase the support for and coordination of community and economic development services in
communities or regional areas.
As part of the contracting process, please complete the enclosed ADO Certification/Designation
Form for the 2021-2023 Biennium, returning to Commerce by April 15, 2021. Your county can
choose to re-designate the current ADO or make a new designation. Please see the enclosed
Eligibility and Designation Guidelines.
Thank you for your consideration in helping to move the contracting process forward in a quick
manner. I look forward to working with our ADO partners during the next biennium.
Sincerely,
Chris Green
Assistant Director
Enclosures
cc w/enclosures: Economic Development Council of Mason County
Washington State
:� ® Department of
�► Commerce
Associate Development Organization Certification/Designation Form
(For use by County officials)
affirms/designates the
(Name of County) (Name of ADO)
as the Associate Development Organization to coordinate economic development services for
the county under contract with the Washington State Department of Commerce. Consistent
with statutory requirements:
1. ❑ The prospective ADO is a non-profit organization.
OR
A public entity that has formed an authority or committee with full
operating authority to carry out the duties of the ADO. It is important to
recognize that this group would have its own authority and budget, not just
the power to recommend actions/plans/expenses.
2. Economic development is the primary mission of the prospective ADO,
and not just a secondary activity. This can be demonstrated with a written
mission statement in a brochure, web-page, newsletter, etc. It may also be
documented in the organization's by-laws.
3. For economic interests in the county, this organization serves as a
networking tool and resource hub for business retention, expansion, and
relocation in Washington.
4. This organization has/will have the capacity during the period under
contract with Commerce to carryout work activities as detailed in RCW
43.330.080
This designation is effective on the date signed below, and shall remain in effect for the 2021-
2023 biennium (07/01/2021-06/30/2023). Please provide documentation of the County
executive or governing body's action designating the above-identified organization as
the ADO.
Signature Print Name
Title Date
PLEASE SUBMIT THIS FORM AND DOCUMENTATION TO:
Diana Divens, ADO Contracts Coordinator at: ® diana.divensCc)-commerce.wa.gov
Office of Economic Development and Competitiveness
Washington State Department of Commerce
Post Office Box 42525
Olympia, WA 98504-2525
360-725-4187
Revised(02/22/21)
r
; y Washington State
j,.. %,w Department of
V4 29 Commerce
Associate Development Organizations
Eligibility & Designation
Guidelines
March 2021
1
Overview
Washington's Department of Commerce (Commerce) maintains a contracted partnership with 35 Associate
Development Organizations (ADOs), serving 39 counties, through both technical assistance and funding for
local economic development activities. Each county in the state has designated an organization as their ADO
to partner with Commerce and serve as the lead on local economic development activities in their county.
This guide is provided to assist county leaders in the process of designating the most effective organization to
serve as the ADO for their county. The criteria that Commerce uses to approve and negotiate a contract with a
county-designated ADO is also covered.
The origins of ADOs date back to Governor Booth Gardner's Team Washington strategy that was initiated in
1985 to develop public-private, and state-local partnerships across the state. At first the Local Economic
Development Assistance Program (LEDA) provided administrative grants to 33 ADOs that served the state's
39 counties. ADOs were to become the principal contact for the department and all county economic
development elements (chambers, towns, ports, businesses, etc.) would coordinate their efforts through their
local ADO.
Expectations of ADOs
The broad role of an Associate Development Organization is that of advocacy and leadership, serving as the
point of contact for local economic activities, recruiting/hosting new businesses, and coordinating business
retention and expansion efforts within its service area. The ADO serves as the principal contact for Commerce
regarding economic activity in their area. ADOs help Commerce gather data about community profiles,
industrial sites, plans for business development and retention, reports on business activities, and proposals for
other economic activities in their service areas.
ADOs are described in more detail in RCW 43.330.080, and a copy of that code is provided in the reference
section of this guide.
Specific expectations of the ADO, as assessed by Commerce for contracting purposes include:
1) Partner with Commerce: The designated ADO organizations shall partner with Commerce as the lead
local economic development organization in their service area to deliver economic development
services at the local level. Through a contracted partnership, Commerce determines the scope of
services delivered under the ADO grant/contract in collaboration with the ADO. The ADO works closely
with Commerce to develop and carry out strategies and show potential for long-term sustainable
growth.
2) Contracting Organizations (ADOs) in each Community or Regional Area Must Be "broadly
representative of community and economic interests... capable of identifying key problems... and
mobilizing broad support for recommended initiatives."
The code lists key players as:
• local governments
• chambers of commerce
• workforce development councils
• port districts
• labor groups
• institutions of higher education
• community action programs
• other appropriate private, public, or nonprofit community and economic development groups.
2
3) Best Practice Sharing: ADOs must meet and share best practices with other ADOs at least two times a
year.
4) Resources and Services Provided to Local Businesses: ADOs shall provide direct assistance,
including business planning, to companies throughout the county who need support to stay in business,
expand, or relocate to Washington from out of state or other countries. Assistance must comply with
business recruitment and retention protocols established in RCW 43.330.062.
5) Regional Planning: Support for regional economic research and regional planning efforts to implement
target industry sector strategies and other economic development strategies including cluster-based
strategies.
6) Reports to Commerce: ADOs report quarterly on activity outcomes; i.e., Business Retention and
Expansion assistance; Business Recruitment, Entrepreneurial Business Start-ups, etc. They also
provide information on how they coordinate and collaborate with other organizations and jurisdictions in
their counties, as well as other significant accomplishments. Timelines for reporting are in each
grant/contract.
7) Formal designation by County: The County's Board of Commissioners must formally designate an
organization to serve as its ADO, providing Commerce with a signed statement of designation along
with a certification of eligibility.
3
References
RCW 43.330.080
Coordination of community and economic development services — Contracts with county-
designated associate development organizations — Scope of services — Business services
training.
(1)(a) The department must contract with county-designated associate development organizations to increase
the support for and coordination of community and economic development services in communities or regional
areas. The contracting organizations in each community or regional area must:
(i) Be broadly representative of community and economic interests;
(ii) Be capable of identifying key economic and community development problems, developing appropriate
solutions, and mobilizing broad support for recommended initiatives;
(iii) Work closely with the department to carry out state-identified economic development priorities;
(iv) Work with and include local governments, local chambers of commerce, workforce development
councils, port districts, labor groups, institutions of higher education, community action programs, and other
appropriate private, public, or nonprofit community and economic development groups; and
(v) Meet and share best practices with other associate development organizations at least two times each
year.
(b) The scope of services delivered under the contracts required in (a) of this subsection must include two
broad areas of work:
(i) Direct assistance, including business planning, to companies throughout the county who need support to
stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must
comply with business recruitment and retention protocols established in RCW 43.330.062, and includes:
(A)Working with the appropriate partners throughout the county including, but not limited to, local
governments, workforce development councils, port districts, community and technical colleges and higher
education institutions, export assistance providers, impact Washington, the Washington state quality award
council, small business assistance programs, innovation partnership zones, and other federal, state, and local
programs to facilitate the alignment of planning efforts and the seamless delivery of business support services
within the entire county;
(B) Providing information on state and local permitting processes, tax issues, export assistance, and other
essential information for operating, expanding, or locating a business in Washington;
(C) Marketing Washington and local areas as excellent locations to expand or relocate a business and
positioning Washington as a globally competitive place to grow business, which may include developing and
executing regional plans to attract companies from out of state;
(D) Working with businesses on site location and selection assistance;
(E) Providing business retention and expansion services throughout the county. Such services must
include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and
opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the
4
f
federal trade adjustment assistance for firms program, and the provision of information to businesses on:
(1) Resources available for microenterprise development;
(II) Resources available on the revitalization of commercial districts; and
(III) The opportunity to maintain jobs through shared work programs authorized under chapter 50.60 RCW;
(F) Participating in economic development system-wide discussions regarding gaps in business start-up
assistance in Washington;
(G) Providing or facilitating the provision of export assistance through workshops or one-on-one assistance;
and
(H) Using a web-based information system to track data on business recruitment, retention, expansion, and
trade; and '
(ii) Support for regional economic research and regional planning efforts to implement target industry sector
strategies and other economic development strategies, including cluster-based strategies. Research and
planning efforts should support increased living standards and increased foreign direct investment, and be
aligned with the statewide economic development strategy. Regional associate development organizations
retain their independence to address local concerns and goals. Activities include:
(A) Participating in regional planning efforts with workforce development councils involving coordinated
strategies around workforce development and economic development policies and programs. Coordinated
planning efforts must include, but not be limited to, assistance to industry clusters in the region;
(B) Participating with the state board for community and technical colleges as created in RCW 2813.50.050,
and any community and technical colleges in the coordination of the job skills training program and the
customized training program within its region;
(C) Collecting and reporting data as specified by the contract with the department for statewide systemic
analysis. In cooperation with other local, regional, and state planning efforts, contracting organizations may
provide insight into the needs of target industry clusters, business expansion plans, early detection of potential
relocations or layoffs, training needs, and other appropriate economic information;
(D) In conjunction with other governmental jurisdictions and institutions, participating in the development of
a countywide economic development plan.
(2) The department must provide business services training to the contracting organizations, including but
not limited to:
(a) Training in the fundamentals of export assistance and the services available from private and public
export assistance providers in the state; and
(b) Training in the provision of business retention and expansion services as required by subsection
(1)(b)(i)(E) of this section.
[2014 c 112§111;2012 c 195§1;2011 c 286§2;2009 c 151 §10;2007 c 249§2;1997 c 60§1;1993 c 280§11.]
5
Notes:
Findings -- Intent--2007 c 249: "The legislature finds that economic development success requires
coordinated state and local efforts. The legislature further finds that economic development happens at the
local level. County-designated associate development organizations serve as a networking tool and resource
hub for business retention, expansion, and relocation in Washington. Economic development success requires
an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The
legislature intends to bolster the partnership between state and local economic development efforts, provide
increased funding for local economic development services, and increase local economic development service
effectiveness, efficiency, and outcomes." [2007 c 249 § 1.]
RCW 43.330.082
Contracting associate development organizations — Performance measures and summary of
best practices — Remediation plans — Report
1)(a) Contracting associate development organizations must provide the department with measures of their
performance and a summary of best practices shared and implemented by the contracting organizations.
Annual reports must include the following information to show the contracting organization's impact on
employment and overall changes in employment: Current employment and economic information for the
community or regional area produced by the employment security department; the net change from the
previous year's employment and economic information using data produced by the employment security
department; other relevant information on the community or regional area; the amount of funds received by the
contracting organization through its contract with the department; the amount of funds received by the
contracting organization through all sources; and the contracting organization's impact on employment through
all funding sources. Annual reports may include the impact of the contracting organization on wages, exports,
tax revenue, small business creation, foreign direct investment, business relocations, expansions,
terminations, and capital investment. Data must be input into a common web-based business information
system managed by the department. Specific measures, data standards, and data definitions must be
developed in the contracting process between the department and the contracting organization every two
years. Except as provided in (b) of this subsection, performance measures should be consistent across regions
to allow for statewide evaluation.
(b) In addition to the measures required in (a) of this subsection, contracting associate development
organizations in counties with a population greater than one million five hundred thousand persons must
include the following measures in reports to the department:
(i) The number of small businesses that received retention and expansion services, and the outcome of
those services;
(ii) The number of businesses located outside of the boundaries of the largest city within the contracting
associate development organization's region that received recruitment, retention, and expansion services, and
the outcome of those services.
(2)(a) The department and contracting associate development organizations must agree upon specific
target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds
and actual performance must occur annually.
(b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of
the agreed measures must develop remediation plans to address performance gaps. The remediation plans
6
must include revised performance thresholds specifically chosen to provide evidence of progress in making the
identified service changes.
(c) Contracts and state funding must be terminated for one year for organizations that fail to achieve the
agreed upon progress toward improved performance defined under (b) of this subsection. During the year in
which termination for nonperformance is in effect, organizations must review alternative delivery strategies to
include reorganization of the contracting organization, merging of previous efforts with existing regional
partners, and other specific steps toward improved performance. At the end of the period of termination, the
department may contract with the associate development organization or its successor as it deems
appropriate.
(3) The department must submit a final report to the legislature by December 31 st of each even-numbered
year on the performance results of the contracts with associate development organizations.
[2014 c 112§112;2012 c 195§2;2011 c286§3;2009 c518§15;2007 c 249§3.]
Notes:
Findings -- Intent--2007 c 249: See note following RCW 43.330.080.
Revised(02/22/2021)
7
360.426.2276 oMae 310 1AJest Cota Street
Choosedason.coa�
�9 360.426.2868 fax Shelton,"IVA 98684
M.asa N
March 22,2021
The Honorable Randy Neatherlin,Chair
Mason County Board of Commissioners
411 North Fifth Street
Shelton,WA 98584
RE: ADO Designation
CC: Kevin Shutty,Commissioner;Sharon Trask,Commissioner; Diane Zoren,Administrative Services
Manager
Dear Chairman Neatherlin,
Every two years the Department of Commerce begins the process of contracting with Associate
Development Organizations (ADOs) by sending a letter,to the Board of County Commissioners in each
county, requesting designation of an ADO.
I would like to express this organization's interest in remaining the ADO designee for Mason County.
Through our many years of partnership,we have been able to focus on the economic development and
vitality of Mason County with a strong concentration on business retention,expansion,and recruitment.
Thank you for your consideration and I look forward to continuing our work stabilizing our economy
through COVID-19 impacts and working toward growth.
Sincerely,
Jenniferria
Executive Director
thriving businesses.strong Communities
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Zoren
DEPARTMENT: Support Services EXT: 747
BRIEFING DATE: March 29, 2021
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Public Access to County Services during the COVID-19 Pandemic
EXECUTIVE SUMMARY:
On March 17, 2020 a news release was issued announcing modifications to Mason County
Services to limit exposure to COVID-19 for the public and staff. This included limiting/closing
reception and front counter services for all offices, restricting non-essential county business
travel by county employees outside the county; restricting non-essential county meetings;
implementing the use of teleconferencing and teleworking; encouraging the public to use on-
line services and closing County parks.
Washington State is now in Phase 3 of the Roadmap to Recovery and public access to County
services is being expanded in accordance with COVID-19 guidelines. Below and in the
attachments, is a summary of services for certain County offices.
Commissioners'Office—Commissioners have been available to the public via telephone,
electronically and by appointment and have held briefings and Commission meetings via Zoom
that are also live streamed.
Support Services(Administration, Budget) —most staff have worked the entire time in
the office and have been available by telephone, electronically and by appointment. Telework
is an option, when necessary. During the time the front doors to Building 1 were locked, staff
answered the door to assist the public and accept deliveries.
Facilities Staff—have been on-campus the entire time and have been busy installing
modifications to County offices for the safety of staff and the public.
Human Resources - have been open the entire past year to the public and staff and
accepted the USPS mail for Building 1 while the Building 1 doors were locked.
Public Defender's Office - have been open to the public throughout. While attorneys
continue to work primarily remotely(an arrangement that has turned out to actually have some
pretty significant benefits for personnel), support staff has been physically present within the
office and has done an incredible job holding down the fort. PPE is available and a plexi-glass
shield is installed for staffs protection
BUDGET IMPACTS: Zoom licenses; additional live streaming cost; PPE (masks, sanitizer,
plexi-glass, etc.); equipment to accommodate telework
RECOMMENDED OR REQUESTED ACTION: None— informational only
Briefing Summary 3/23/2021
Mason County Emergency Management
Mason County Public Works building#1
• All offices have remained open for use during the COVID-19 response.
• Training Room "A" and occasionally "B" have been used for the Area Command
Meetings (Zoom)
• The Emergency Operations Center has been used for Logistics
• Storage unit for PPE items at the Port of Shelton storage unit
COVID-19 preventions:
• All staff and visitors required to wear face masks
• Social distancing of 6 feet required
• Area Command meeting in-person limited to 10 participants—extra face mask available
and hand sanitizer available
• Training room "A" is de-contaminated after every meeting or use by DEM staff
• EOC de-contaminated daily by DEM staff
• Door handles, offices and common areas are de-contaminated daily by DEM staff
• Hand sanitizing station in hallway of DEM area
• Temperature station in hallway of DEM and mobile thermometer available
• Restroom attended to by custodians 2 time a week (spot checked by DEM staff)
• Telework rotation from DEM staff members until April 5, 2021 (weekly rotation of 1 staff
member)
Mason County Information Technology
Mason County Building#5
• The IT office has remained open for use during the COVID-19 response.
• No public usually comes to IT office but occasionally County staff may
COVID-19 preventions:
• All staff required to wear face masks while in office and responding to other County
offices/departments
• Social distancing of 6 feet required
• Regular hand washing
• Hand sanitizing station in IT office
• Disinfectant solution available in IT office
• Temperature station in IT office entry hallway
• Telework rotation from IT staff members until April 5, 2021 (weekly schedule of 1 staff
member)
Parks &Trails Office
The Parks &Trails Office in MCRA has been closed to the public since March of 2020.The
entrance door is locked with a keyless locking system and will remain that way when the park is
open to the public for safety reasons. The office staff can remotely open the door if needed.
Most of the time people call the Parks &Trails office prior to coming in to make sure the staff is
available. The public are told that they can come at a certain time in order to complete
paperwork or to make a deposit on field use or donation for picnic shelters. Occasionally, kids
will walk up to the door unannounced, to purchase tokens for the batting machine. The office
staff will go to the door and inquire about their needs and they usually do not need to come
inside the office itself.
• Appointments are preferred for paperwork& deposits
• Mask required for any staff and visitors to the office
• 6-foot social distance required
• Hand sanitizer is available in the office
• De-contamination spray is available in the office
Park Hosts
All of the Park Hosts have been furnished with bio-hazard equipment for cleaning the
restrooms in their individual parks. Due to COVID-19 most park restrooms have been lock until
March 1, 2021.
• Face masks for hosts (cloth and N-95)
• Cleaning disinfectant
• Hand sanitizer for hosts
• Nitrile gloves
• Goggles
Sporting Activities Re-Opening Phase 2 (March 4, 2021 changes)
Mason County Baseball and Softball fields:
Park Name Return Controlled Individual Maximum Crowd Bleachers Staff
Plan Entrance Seating Occupancy Control Capacity Monitor
Needed &Exit Plan Plan
MCRA Yes Yes No 75 per field Yes 25% Yes
Sandhill Park Yes Yes No 75 per field Yes 25% Yes
Union Park Yes No No 75 No N/A Yes
No tournaments allowed for moderate and high-risk sports. For the purposes of this document
Tournament is defined as a series of contests where more than two teams compete against each other
on the same day or within a 24-hour period,whether or not there is an ultimate winner or prize.This
includes elimination-style,consolation-style, and round-robin events where teams compete against
more than one competitor per day(regardless of the name of the event).
For facilities or complexes with more than one field or area of play a maximum of 75 people allowed
per field or area of play, including spectators.All spectators of different households are to remain
physically distant, 6 feet or more, as much as possible.
• Return to Play plans required from all field users. Keep a roster of every athlete,staff and
volunteer present at each practice,training session, and contest to assist with contact tracing in
the event of a possible exposure.
• Face mask required by all players,coaches and spectators-removal of masks and facial
coverings only allowed while actively eating or drinking. Physical distance of 6 feet must be
maintained between staff,volunteers,and any spectators at all times.
• Require athletes,coaches,umpires/referees and any other paid or volunteer staff to practice
good hygiene including washing their hands frequently and covering their sneezes and coughs.
• Lines for food and beverages must be marked to ensure 6 feet social distance between each
person waiting in line.
• Lines for restrooms must be marked to ensure 6 feet social distance between each person
waiting in line.All restrooms should be open to increase dispersion of users among restrooms
facilities. Ensure restrooms are cleaned and disinfected regularly. Provide handwashing or hand
sanitizing stations at training and contest locations.
Other Parks Re-opening
• All of the Mason County Parks &Trails have been re-opened for the season as of March
1, 2021.
• All Parks restrooms are now open for Phase 3 with additional COVID-19 cleaning being
done.
• Picnic shelters are available in Phase 3 and the Park Host monitor the facility before and
after use for any additional cleaning needs.
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: March 30, 2021
PREVIOUS BRIEFING DATES: February 8, 2021
ITEM: Request for proposals to provide services to the poor or infirm with a preference
towards veterans in Mason County
EXECUTIVE SUMMARY: During the 2021 budget process, the Board set aside $5k in the
Current Expense Non-Departmental budget to provide essential items to the poor and infirm
with a strong preference towards veterans. The idea is to obtain contractor(s) through the RFP
process to provide $2,500 to the North end of the County and $2,500 to the South end of the
County.
PUBLIC OUTREACH: A call for Request for Proposals to provide services was approved to be
advertised on February 16, 2021. The completed RFP's were due back by March 17, 2021 and
the County received none.
BUDGET IMPACTS: $5,000 is budgeted in the 2021 Current Expense Non-Departmental
RECOMMENDED OR REQUESTED ACTION: Request the Board decide if we should re-
advertise the request for proposals.
ATTACHMENTS:
Request for Proposals
J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2021\Briefmg Summary 3.30.2021 -RFP Contracts
from CE for Veteran Assistance.doc
Request for Proposals
Provide Services to the Poor or Infirm with Preference towards Veterans in Mason County
I. Introduction and Summary
Mason County, Washington is requesting proposals from qualified firms (Defined in Article 8, Section 7, of the
Washington State Constitution "...for the necessary support of the poor and infirm...")for providing the
following service: issue basic essential items to the poor or infirm with a strong preference towards veterans
in Mason County. Individuals served under the awarded contract(s) by the Contractor must meet the
definition of poor or infirm as stated in this request for proposals. Each individual served under the contract is
limited to one transaction per week with a maximum value of fifty dollars in any one transaction.
It is anticipated that one contract for$5,000 or two contracts for$2,500 each will be awarded. If one contract
is awarded, approximately half of the individuals served must live in the North end of Mason County and half
of the individuals served must live in the South end of Mason County. If two contracts are awarded, one
contract is to serve individuals that live in the North end and one in the South end of Mason County. This is for
services commencing April 19, 2021.
Providing basic essential items to the poor or infirm with a strong preference towards veterans' services will
be provided at the direction of the Mason County Board of Commissioners. All County contracts require
approval of the Mason County Board of Commissioners.
Deadline for receipt of proposals is 4 p.m., Wednesday, March 17,2021. Proposals should be prepared in
accordance with this RFP and mailed or delivered to:
Jennifer Beierle
Budget Manager
Department of Support Services
411 N. 51h Street
Shelton, WA 98584
(360) 427-9670 ext. 532
Email: jb@co.mason.wa.us
Ten hard copies of the submittals must be received by the deadline indicated above. Postmarks will not be
accepted.
Proposals will be evaluated by Mason County and respondents may be interviewed by the Board of Mason
County Commissioners.The Mason County Board of Commissioners will make final selection. Respondents
should not lobby Mason County employees or the Board of Commissioners. Respondents should contact
Jennifer Beierle by phone or email for additional information. All proposals are public records. The
committee reserves the right to request additional information from respondents. The County reserves the
right to reject all submittals.
Page 1 of 4
J:\Budget Office\Contracts\2021 RFP Process for Veterans Services\RFP for 2021 veterans services.docx
Contract Terms: Contracts will be awarded for the period of 8.5 months with an option for renewal. Contract
performance review will occur annually.
Insurance Requirements. All insurance provided shall be primary and non-contributory.
1) Comprehensive General Liability. $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage,$2,000,000 general aggregate;
2)Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property
damage;
3) Workers' Compensation. Workers' compensation limits as required by the Workers' Compensation
Act of Washington;
4) Consultant's Errors and Omissions Liability. $1,000,000 per occurrence and as an annual aggregate.
II. Statement of Need
Mason County, Washington is in need of contractor(s)to provide the following service: issue basic essential
items to the poor or infirm with a strong preference towards veterans in Mason County. Individuals served
under the awarded contract(s) by the Contractor must meet the definition of poor or infirm and must be
receiving one of the following types of public assistance:Temporary assistance for needy families, ages, blind,
or disabled assistance benefits, pregnant women assistance benefits, poverty-related veterans' benefits,food
stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, medical
care services, or supplemental security income;AND the individual's household receiving an annual income,
after taxes, of up to one hundred fifty (150) percent or less of the current federally established poverty level.
Each individual served under the contract is limited to one transaction per week with a maximum value of fifty
dollars in any one transaction.There shall be a ten percent allowance for administrative costs as part of the
awarded contract(s)that shall be included as part of the total contract amount and not over and above the
contract amount.
Services provided shall include issuing basic essential items to the poor or infirm with a strong preference
towards veterans in Mason County. Examples of basic essential items include but are not limited to: food,
water, shower tokens, bus passes, hygiene kits,towels, propane,fuel, and blankets. Respondents will be
required to provide copies of receipts for all items purchased under the contract and bank statements
showing the debit of the receipts, and proof of disbursement to the poor or infirm veteran before
reimbursement is authorized by Mason County.
III. Form of Proposal
Respondent proposals should not exceed 10 pages, including attachments and should include:
1) Contact name, address,telephone number, and e-mail address.
2) Detailed description of proposed basic essential items to be distributed to the poor or infirm with a
strong preference towards veterans in Mason County.
Page 2 of 4
J:\Budget Office\Contracts\2021 RFP Process for Veterans Services\RFP for 2021 Veteran's services.docx
3) Statement of qualifications including experience in providing basic essential items to the poor or
infirm.
4) Strategy for distributing and tracking the basic essential items to the poor or infirm veterans in Mason
County.
5) A detailed budget of cost for providing basic essential items to the poor or infirm veterans in Mason
County. No capital costs are allowed.
IV. Evaluation Criteria:
Proposals will be evaluated based on the following criteria. The evaluation criteria are subject to change
without notice.
1) Strategy for distributing the basic essential items to the poor or infirm veterans in Mason County (i.e.
location, how services will be provided and documented,training of staff/volunteers).
2) What types of basic essential items are offered.
3) Experience providing basic essential items to the poor or infirm.
4) Strategy for distributing and tracking the basic essential items to the poor or infirm veterans in Mason
County.
5) Hours of operation and level of staffing.
6) Cost of the proposal and the degree to which the budget reflects the requested activities.
V. Independent Contractor
It is the intention and understanding of the County that Vendor shall be an independent contractor and that
the County shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of
employment, nor to pay any social security or other tax that may arise as an incident of employment.
Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the
benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is
recognized that Contractor may or will be performing services during the term of the Contract for other
parties and that the County is not the exclusive user of the Contractor's services.
VI. Prevailing Wage
If required by RCW 39.12, prevailing wages shall be paid. Contractor specifically agrees to comply with RCW
39.12 and to file all required forms, certifications, and affidavits necessary to comply with Federal and State
laws before final payment shall be made to the Contractor.The latest prevailing wage rate information is
available per the State of Washington, Department of Labor and Industries, Industrial Relations Division.
Page 3 of 4
J:\Budget Off ice\Contracts\2021 RFP Process for Veterans Services\RFP for 2021 veteran's services.docx
VII. Equal Opportunity Employer
Mason County is an equal opportunity employer. We strive to create a working environment that includes
and respects cultural, racial, ethnic, sexual orientation and gender identity diversity. Women, racial and ethnic
minorities, persons of disability, persons over 40 years of age,veterans or people with military status, and
people of all sexual orientations and gender identities are encouraged to apply.
Page 4 of 4
J:\Budget Off ice\contracts\2o21 RFP Process for veterans Services\RFP for 2021 veteran's services.docx:
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: KELLY FRAZIER
DEPARTMENT: FACILITIES EXT: 519
BRIEFING DATE: 3/29/2021
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other— please explain
ITEM: Discuss the option of returning the custodial cleaning service back to in-house
employees.
EXECUTIVE SUMMARY:
Mason County has been using contract custodial services since 2009. In that time period we
have contracted with two different cleaning companies using the Request for Proposal
process. We have had numerous complaints of poor service from County departments and I
have met with the vendors to resolve the complaints but they continue to not meet the
necessary cleaning standards. With COVID-19 there is a heightened awareness of sanitation
and if the custodial staff was brought back in-house as Maintenance I employees, I believe
the cleaning standards/sanitation will be greatly improved.
Currently we pay $128,484.12 a year plus $1,601.67 for Building 10 and an additional
$50,000 a year for COVID cleaners bringing the total to $180,085.79.
The annual cost for 5 FTE Maintenance I employees at the mid-range salary with benefits is
$339,000.
BUDGET IMPACT: 5 FTE - Increase of$159K
RECOMMENDED OR REQUESTED ACTION:
Authorize bringing the custodial service in-house. If the decision is to continue contracting
out the service, need to issue a Request for Proposals
Briefing Summary 3/25/2021
March 25,2021
The Honorable Derek Kilmer
332 E. 5th St.
Port Angeles,WA 98362
Re: Support for Mason County PUD No. 1's Appropriations Request for 2022
Dear Representative Kilmer,
Thank you for the opportunity to convey my support of Mason County Public Utility District No. 1's 2022
budget appropriations request to fund the power utility relocation portion of the Duckabush Estuary
Restoration project.
As you are aware,this project led by U.S.Army Corps of Engineers,with co-leads in the Washington
State Departments of Fish &Wildlife and Transportation, encompasses multiple planning partners
including Mason PUD 1,the Hood Canal Salmon Enhancement Group, Lumen,Wave Cable, and Jefferson
County.There are a lot of moving parts to this complex project including:two culvert replacements to
assist with fish passage,the removal of power poles and distribution lines next to the culverts,and the
relocation of power and telecommunications lines along the highway which includes the replacement of
the 1,620-foot Duckabush Bridge and realignment of a 3,470-foot section of U.S. Highway 101.
Mason PUD 1 is a small public agency whose Duckabush Substation is located just above the estuary
project.The expense to relocate their power lines from the area where the restoration project begins
and along the newly constructed highway is considerable and will absorb their entire annual capital
budget for the next couple years.
The PUD is proactively trying to secure funding from both federal and state appropriations to ensure
that they do not cause delays in the implementation schedule and that they can offset the impact to
their own public power customers by avoiding the need to raise power rates,take on additional debt,or
defer necessary maintenance and construction projects that could jeopardize safety and reliability of the
power grid.
Aligning with your focus on prioritizing the health and rehabilitation of the Hood Canal, Puget Sound and
aquatic species, like salmon,we believe this project is a good use of public funds because it directly
supports the Duckabush Estuary Restoration project,which already has committed state and federal
partners.
Thank you for your consideration,
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