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HomeMy WebLinkAbout2022/02/01 - Regular Packet MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: February 1, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following a Liquor license due to expire; Change of limited liability for the Stonehenge Gardens; Application for added privilege to Laurie's Hoodsport Gift & Liquor: Temporary discontinued business for M and R Distributing. 4.1.2 Federal Energy Regulatory Commission sent a letter regarding Right Wing Dam Stability Calculations, Cushman No. 1 Development Cushman Project. 4.1.3 Jenny Mattson sent in a letter in regards to the flooding Caldervin Creek. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk Washington State REINED-E Liquor and Cannabis Board I� PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 JA N 2 12072 January 06, 2022 Mason County Dear Local Authority: Cnnln1iSSioners RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8) (d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 01 /06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220430 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 CASEY'S BAR AND GRILLE, INC CASEY'S BAR AND GRILLE 364305 SPIRITS/BR/WN REST LOUNGE - 24090 NE HWY 3 BELFAIR WA 98528 0000 2 HAPPY CJ, INC HAPPY HOLLOW GROCERY 070117 GROCERY STORE - BEER/WINE 15280 E HWY 106 BELFAIR WA 98528 0000 3 . FRATERNAL ORDER OF EAGLES "NOR NORTH MASON EAGLES #4226 082754 PRIVATE CLUB - SPIRITS/BEER/WINE 80 NE ALDER CREEK LANE NON-CLUB EVENT BELFAIR WA 98528 0000 4 . CHAU, HUNG THE RICE BOWL 401241 BEER/WINE REST - BEER/WINE 23690 NE HWY 3 BELFAIR WA 98528 0000 5 HOME MEAT SERVICE INC. HOME MEAT SERVICE 430755 GROCERY STORE - BEER/WINE 341 SE TAYLOR RD STE 100 SHELTON WA 98584 0000 6 . MASON COUNTY SENIOR ACTIVITIES THE MASON COUNTY SENIOR ACTIVITIES CENTER 419279 SENIOR CENTER 190 W SENTRY DR SHELTON WA 98584 8045 7 . MBES, CORPORATION SPENCER LAKE GROCERY 365770 GROCERY STORE - BEER/WINE 1081 E PICKERING RD SHELTON WA 98584 8187 CGCMMRS Neatherlin, 51nutty, i raSK Clerk Washington State Licensing and Regulation g PO Box 43098 t Liquor Olympia A 98504-3098 quor and Cannabis Board W Phone— (360) 664-1600 Fax— (360) 753-2710 January 20, 2022 HIGH MAINTENANCE,LLC 7724 35TH AVE NE#15785 SEATTLE, WA 98115 Re: STONEHENGE GARDENS 470 NE TOONERVILLE DR BLDG 1 BELFAIR, WA 98528-7705 LICENSE#414111 - 7A UBI 603-337-713-001-0001 Your application for change in limited liability members has been approved. This approval is for: Individual/Entity Position Units James Sloop Mbr 33.5 Edward Melillo Mbr 33 Daphne Melillo Spouse Huynh Hong Nguyen Mbr 33.5 Huong Thi Pham Spouse Total 100 avaflX4 R441t&WBAM Marijuana Licensing Specialist 360-664-1694 cc: Enforcement Office Mason County Commissioners RECEIVED Business License Service File JAN 2 i 207.21 Mason County Commissioners Decisions PO BOX 43098,Olympia,WA 98504-3098—(360)664-1600 Option 1 Cc:CMMRS Neatherlin, Shutty, Trask Washington State �Clerk �Ug�� %;t" Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.Icb.wa.gov DATE: 1/25/22 RE:APPLICATION FOR ADDED PRIVILEGE U B I: 604-827-273-001-0001 APPLICANTS: License: 409009 -2N County:23 Tradename: LAURIE'S HOODSPORT GIFT&LIQUOR JRB VENTURES, LLC Loc Addr: 24230 N HWY 101 BLY,JENNIFER HOODSPORT WA 98548 1970-10-24 BLY, ROGER Mail Addr: 150 N DISCOVERY DR 1970-06-28 HOODSPORT WA 98548 Phone No.: 503-208-0980 ) JAN 26 2622 Privileges Upon Approval: Mason County DIRECT SHIPMENT RECEIVER-IN/OUT WA Commissioners BEER/WINE SPECIALTY SHOP CLS SPIRITS RETAILER SPIRITS SAMPLING As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN, contact our CHRI desk at(360) 664-1724. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk �' rt'- Washington State Licensing and Regulation PO Box 43098 f ��� Liquor and Cannabis Board Olympia WA 98504-3098 ,�. '1 Phone—(360) 664-1600 Fax—(360) 753-2710 Emailed to: bbecker10@hotmail.com January 25, 2022 M AND R DISTRIBUTING 460 W ENTERPRISE RD BLDG 1 SHELTON, WA 98584 LICENSE # 412258 - 7A U B I: 603-344-577-001-0001 The temporary discontinued business issued on your cannabis license number 412258 has been extended and will expire on March 28, 2022. You may not engage in the production, sale, or service of cannabis at the above location. You must remain in compliance with all license fees and tax reporting requirements, and report any changes in circumstance to your Enforcement Officer. You may not resume business without authorization from Washington State Liquor and Cannabis Board. Sincerely, Customer Service / BMS Licensing & Regulation R ', i T: 360 664-1600 jAN 26 2022 cc: Mason County Mason County Olympia Enforcement Cornmissioners File LIQ1298 9/17 Cc:CMMRS Neatnernn, 01 WILY, Clerk FEDERAL ENERGY REGULATORY COMi.__--.. .. Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 (503) 552-2700 1/3/2022 In reply refer to: P-460 VIA Electronic Mail RECEIVED Mr. Chris Mattson JAN 212022 Generation Manager Tacoma Public Utilities Mason County cmattson(a,ci.tacoma.wa.us Commissioners Subject: Right Wing Dam Stability Calculations, Cushman No. 1 Development, Cushman Project Dear Mr. Mattson: This letter is to acknowledge the following letters from you regarding the Cushman No. 1 Development of the Cushman Project, FERC No. 460: Letter Date Document(s) Transmitted January 11, 2019 Right Wing Dam Stability Calculations (transmitting a Hatch memorandum dated January 9, 2019) July 30, 2019 Right Wing Dam Stability Calculations Update (transmitting a July 26, 2019 email memorandum from Mr. Glenn Tarbox) We have reviewed the information provided and determined that the calculations do not present clear and complete information to document the stability of the structure under the accepted loading conditions. The stability of the Right Wing Dam section should be discussed in detail during the 2022 Part 12D PFMA session. The following comments should be discussed: 1. Analysis results are not presented for the current Probable Maximum Flood (PMF) loading of EL 743. Sensitivity analysis for flood loadings of lesser magnitude and the additional estimated six inches of wave runup have not been addressed. 2. Figure 3 does not include all the dimensions necessary to calculate the overall section weight and center of gravity. 2 3. The report does not provide adequate documentation and justification for the assumed parameters, listed below. Please note that all assumptions should be consistent with the corresponding assumptions in the ongoing finite element analyses of the arch dam. a. The foundation friction angle of 55 degrees was used in analysis without discussion of the base friction angle, asperities, and the inclination friction angle if applicable. b. The condition of and approach to modeling the shear key. Specifically, whether to ignore the keyway at the dam-foundation interface or to use Sensitivity Analysis 2, which uses an assumed cohesive strength of the interface between the shear key and the dam of 115 psi and a cohesion value of 13.5 psi to calculate rock wedge resistance. c. The assumed concrete unit weight of 155 pcf. The analysis criteria for the March 2003 stability analysis of record assumes a concrete unit weight of 150 pcf, as do the ongoing finite element analyses of the arch dam. Our calculations show that the Right Wing Dam results appear to be sensitive to the assumed unit weight of concrete. d. The analysis does not document whether any drains currently exist in the Right Wing Dam, and (if so) their effect on stability. 4. Sensitivity Analysis Case No. 3 proposes drilling new drains from the downstream face to the downstream edge of the shear key, as shown in Figure 7, to increase dam stability. The analysis did not clearly document the calculation of uplift pressures or the elevation of the proposed drain exit points. The July 30, 2019 letter states that "[Tacoma Power agrees] with [Mr. Tarbox's] conclusion and that no further action is required' (emphasis added). Comment No. 2 in Mr. Tarbox's memorandum appears to indicate that he agreed with the proposed installation of drains from the downstream face of the Right Wing Dam, as evaluated by Hatch in Sensitivity Analysis Case No. 3. 5. Tacoma Power has not provided their conclusions whether Sensitivity Analysis Case No. 2 is appropriate, or whether Sensitivity Analysis Case No.3 justifies the installation of additional drains. Within 15 days of the date of this letter, please confirm via email to Mr. Dan Klein of this office that time will be allotted during the 2022 PFMA session to discuss the stability of the Right Wing Dam. With the plan and schedule to address the Part 12D Independent Consultant's recommendations, which is due by August 1, 2022, provide a 3 plan and schedule to update the stability analysis and submit a revised report, if required, to address the comments above and the discussions in the PIMA. File all submittals using the Commission's eFiling system at https://www.ferc.gov/ferc-online/overview. For all Dam Safety and Public Safety Documents, select Hydro: Regional Office and Portland Regional Office from the eFiling menu. If any portion of the submittal cannot be eFiled, contact the project engineer to discuss options for transmitting the submittal materials to the Commission. The cover page of the filing must indicate that the material was eFiled. For assistance with eFiling, contact FERC Online Support at FERCOnlineSupport(a,ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). Hard Copies Are Not Required During 100% Telework. The Commission remains on 100% telework status due to the ongoing Covid-19 Pandemic. Requirements for sending hard copies are suspended during this time. This guidance for submitting documents to the Commission is valid until FERC reconstitutes and staff returns to offices. We do not have a timeline for when that will occur. When the Commission reconstitutes, we will issue further guidance regarding: 1) any need for hard copies of documents submitted during 100% telework and; 2) any need for hard copies going forward after reconstitution. Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Klein at (503) 552-2707. Sincerely, aZ Douglas L. Johnson, P.E. Regional Engineer Cc:CMMRS Neatherlin, Shutty, Trask Clerk met �(�kt l ►�l Q�✓l� January 15, 2022 RANDY NEATHERLIN commissioner, mason county Commissioners' Office: 411 North 5th Street Shelton, WA 98584 Dear Commissioner Neatherlin, My name is Jenny Mattson. My husband and I have owned our house in Tahuya, WA (80 NE Brook Place)for the past twenty years. I am writing to implore you to help save our homes and roads from annual flooding (and, at time of writing this, twice-weekly flooding) by helping authorize the dredging of the road near our house (Northshore Road, on each side of Caldervin Creek). Last week on January 6, 2022, we had a major flooding in our area. Again, on January 12, we had another flooding in same area. Most of the house along the Caldervin Creek were flooded. Each household will have need thousands of dollars to repair the damage from the flood. Within this neighborhood, majority of the people are older, retired, some of them are disable. Financially and fiscally they are unable to work on the flood problem. We are having a poor quality of the life in this area. This is a continues issue around our area. Not only will this process help maintain the integrity of the road, but it is my understanding that the County is responsible for maintaining enough clearance for water to pass under bridges. When we first bought our house, the clearance for water to pass under the Northshore Road bridge (where it intersects Caldervin Creek)was about 6 feet. This clearance is now approximately 2-3 feet and the result are that, with each storm (of which there have recently been many), damage to the road occurs along with downstream flooding (and damage to our homes in the community). Please do not hesitate to contact me with any questions. . JAN 2 0 2022 SINCERELY, Mason County �J Comrissioners 2 JE Y MATTSON (JENNYHMATTSON(cDGMAIL.COM, 206-769-5134) OWNER OF 80 NE BROOK PLACE, TAHUYA, WA, 98588 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 24,2022 Monday,January 24,2022 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Negotiation Commissioners Neatherlin,Shutty,and Trask met in closed session from 9:38 a.m. to 9:30 a.m. Mark Neary,Deb Gould,Nichole Wilston,Frank Pinter were also in attendance. 9:30 A.M. Sheriffs Office—Undersheriff Adams Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Undersheriff Adams thanked the Commissioners for their kind words regarding the passing of Sheriff Whybark. • Undersheriff Adams requested a full-time Community Service Officer(CSO)position at the North Precinct in Belfair. This office is currently run by volunteers. Cmmr. Shutty shared concerns about a potential trickledown effect on the financial and management side and asked if this position could be in Hoodsport once a week. Cmmr.Trask would like to see exact numbers for the budget. Chief Spurling shared that a kiosk will be going up in the Hoodsport information center. • Chief Spurling shared that Sergeant Reed will be retiring May 27,2022 and he would like to backfill that position and have that individual trained by him. Approved to move forward. 9:45 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mark introduced the new Human Resources Director,Debbie Gould. • Diane Zoren shared that Mason County Coroner Wes Stockwell submitted his letter of resignation as elected Coroner effective January 1,2022. Jaime Taylor has been serving as acting Coroner. The Democratic party submitted three candidates to be considered by the Commissioners:Jaime Taylor,Ross Gallagher,and John Piety. Approved to move forward with appointing Jaime Taylor as Mason County Coroner. • Diane discussed the Parks Comprehensive Plan Update. The County entered into a services contract with Robert W.Droll,Landscape Architect to produce a 5-year comprehensive plan which will make the County eligible for Washington State Recreation and Conservation Office(RCO)grant funding. The information will also be used to update the County Capital Facilities Plan. The Parks Advisory Board has met several times to prioritize a list and a parks survey/interactive virtual workshop was done. The survey had over 700 responses. A Public Hearing will need to be held February 15,2022 to consider public comment. Dan Penrose,SCJ Alliance, shared there was a high level of support for parks and interest in maintaining and improving what the County already has. Approved to move forward. • Diane shared potential projects that could be eligible for RCO funding. A letter of intent is needed and she recommends continuing the contract with Robert"Bob" Droll to go through the RCO process. The deadline for the Comprehensive Plan and the letter of intent is March 1,2022. Applications are due May 3,2022. Cmmr. Potential projects include synthetic turf multi-purpose field at Sandhill County Park and a 30'x 60' community shelter at the Union Community Park. Neatherlin shared that rocks must be picked from the fields in North Mason,there is no turf or lighting. Cmmr.Neatherlin asked Mark to look at Real Estate Excise Tax(BEET)funds that can be set aside for each district to establish and complete projects. Bud Olson Page( 1 mentioned that Latimer's Landing has an issue with the floats which could be eligible for an RCO boating grant later in the year. Approved to move forward. • Diane reviewed the Mason Transit Authority applicants. There are four open Elected Official positions and seven applicants. Approved to move forward with interviews. • Jennifer Beierle and Kelly Frazier requested to purchase vehicle# 188,a 2001 Ford F150,for the WSU Extension Office from Public Works;transfer vehicle# 102 from ER&R to Current Expense;and to surplus wrecked vehicles#32 and 48. Commissioner's would like to set the purchase price at average trade-in value. Approved to move forward. • Jennifer discussed the December 2021 financials 2020 compared to 2021. 2020 total Current Expense Revenue collected$44,346,229(108%)versus$43,886,614(101%) for 2021. 2021 total Treasurer Department Receipts$30,115,907(114%)versus $26,892,054(102%)for 2020. 2021 Current Expense Expenditure$38,456,162 (89%)versus$40,178,159(93%)for 2020. The difference could be due to CARES Act funds being included in Current Expense inflating expenditures for 2020. All funds and departments stayed within their budgets. For the Six-Year Specific Revenue Streams:Community Development$2,940,665;Detention and Correction Services$118,148;Current Expense Property Taxes$11,239,794;Road Diversion Property Tax$1,093,163;County Road Property Tax$9,132,356;Current Expense Sales Tax$8,400,127;and Criminal Justice Taxes/Entitlements$1,869,425. REET I and 2 is$2,137,199. Total collected revenue is$8,400,127.41. The projected end of year revenue was$8,317,393.12. Six-Year Financial Recap Total Current Expense cash$21,698,968. Special and Other Fund Cash Balances$41,520,852. Motor Pool 89.82%of total budgeted Motor Pool,expended$1,369,690. 2021 Special and Other Fund Revenue$61,430,641 (103%)versus$51,387,089(95%)for 2020. 2021 Special and Other Fund Expenditures$52,012,447(74%)versus$48,397,930(751/0) for 2020. • Jennifer requested permission for Mark,County Administrator,to sign addendums due to new guidelines for the enforcement of Title VI,Civil Rights Act of 1964 for the agreements for American Rescue Plan Act(ARPA)funding. Approved to move forward. • Jennifer shared that the Treasury came out with their final rule regarding ARPA funds on January 6,2022. This new guidance gave clarifications,a low-income calculator tool,definition of beneficiaries versus subrecipients,and a revenue loss flat rate of$10 million dollars. If the County plans to do capital projects with this, written justification for capital expenditure projects over$1 million will be necessary. • Cmmr.Neatherlin asked,regarding the jail expansion,if Mark could check on the power consumption with Johnson Controls. There were guarantees given for monies for savings on energy usage. • Mark shared a request from Public Utility District No. 1 (PUD1)to reallocate remaining ARPA funding for customer arrearages due to COVID to the Fiber Deployment project along the Highway 101 corridor. On August 3,2021 the Board awarded PUD1 $125,000 of ARPA funds. PUD1 expended$6,578 leaving a remaining balance of$118,422. PUDI,in partnership with Hood Canal Communications,was awarded a grant from CERB for fiber deployment. Responses to the call for bids on the project reflected substantial increases in material prices that exceed the awarded amount through CERB. Cmmr.Neatherlin asked if this was the proper process to go through to reallocate funds. Kristin Masteller,PUDI,shared that PUD 1 was using the ARPA allocation to Hood Canal as their match for the CERB project funding;however,the project came in about$400k higher than the engineer's estimate due to the demand on materials. This would bridge the gap to Page 12 allow the project to be completed. Cmmr. Shutty shared this would be a reallocation of funds already awarded,not a new appropriation and he sees it as a top priority for his community. Cmmr.Trask added that this process is what was done for the Treasurer's Office. Approved to move forward. • Mark discussed the various chat options for Zoom meetings: disabling the chat option completely,only the host and co-host can send messages to everyone, participants can only send public messages visible to everyone,and participants can send public or private messages. Approved to move forward with no chat. • Mark gave a reminder about the Leadership Breakfast meeting with the City of Shelton and Port of Shelton on January 28,2022 at 9:00 a.m.at the Ridge Motorsports Park. 10:15 A.M. Treasurer—Lisa Frazier Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Lisa discussed the Acknowledgment of Receipt for the 2021 Treasurer's Refund Report. The Treasurer's Office is required to make refunds for property tax corrections. The number of refunds is 251 for the total amount of$395,740. Approved to move forward. • Lisa shared the 2022 Uncollectible Personal Property Taxes—affidavit of Mason County Treasurer. This list is longer than usual because in 2020 this was not done. The total cancellation amount is$6,888.31. Approved to move forward. 10:25 A.M. Community Services—Dave Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Alex Paysse discussed the Jones Cove Closure Response Plan. On June 29,2021 the County received notice of a reclassification of a 7-acre expansion of an existing "prohibited"area due to a failing station which triggered the requirement for a closure response plan. Approved to move forward. • Alex also discussed the Anna's Bay Closure Response Plan. On June 29.2021 the County received a reclassification notice within an existing closed area. An addendum will be added to the existing Closure Response Plan. Approved to move forward. • Alex shared the 2021 review for Code Enforcement. The summary included Environmental Health and Community Development cases received,closed,and opened. • Alex discussed the Drinking Water Code updates. Staff found various gaps with current policies and services and propose a reconfiguration of Chapter 6.68,Water Adequacy Regulations relating to well construction,decommission,individual wells, and two-party water systems. Approved to move forward. • Dave requested to post and fill a Permit Technician position. Approved to move forward. • Dave shared that Lydia Buchheit will be retiring in a few months and he would like to recruit and fill for the Community Health Division—Personal Health Manager position to have her train the new individual. Dave is hoping for a month overlap for job shadowing. Approved to move forward. • Lydia shared the annual contract with Mason Matters for Community Health Improvement. The funds would primarily focus on community health improvement projects. There is no executive director;however,there is a Board. Approved to move forward. • Lydia discussed the Mason County Behavioral Health and Recovery Support Transportation Program subcontracts with Gethsemane Ministries and the Patty Wagon. The contracts are two-year contracts but the second year is not released Page 13 until the Commission approves that the first year was successful. Approved to move forward. • Lydia shared the Mason County Law Enforcement Assisted Diversion(LEAD) subcontract with Olympic Health and Recovery Services(OHRS)for$700k for the next 18 months. The expansion is related to the Blake legislation. Approved to move forward. • Lydia shared that,for the last quarter of the LEAD contract,there were not enough funds to pay OHRS and the December billing has been delayed. The funds needed is $16,986.72 which is already in the budget. Approved to move forward. • The Commissioners thanked Abe Gardner and shared their appreciation for all of his work. They wished him luck in his new position. • Cmmr.Neatherlin met with an organization with a full spectrum of training for individuals with mental health disabilities. He asked for advice and resources regarding housing needs,housing areas specific for those individuals,transportation, etc. 10:55 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mike Collins shared a Private Line Occupancy Permit application for a new underground power,water cable,and sewer transport line under W Lost Lake View Drive. Approved to move forward. • Loretta discussed two intergovernmental agreements for the Chair to authorize and execute with Washington State Department of Transportation for response assistance in emergency events with or without a deemed proclamation with a reimbursement clause. The agreements are specific to emergency response assistance;one for declared emergency or proclamation and the other is for pre-declared/pre- proclamation emergency. Approved to move forward. • Loretta requested to brief the temporary road closure on Landon Road on January 31 and place it on the February 1 action agenda. This road closure is due to moving a home from one side of the road to the other. 11:05 A.M. WSU Extension—Dan Teuteberg Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Dan discussed the Appendix A form of the Memorandum of Agreement with the Washington State University Extension. Approved to move forward. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Commissioner Commissioner Chair Page 4 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Ginger Kenyon Action Agenda: _x_ Public Hearing: Other: Department: Support Services Ext: 380 Date: February 1, 2022 Agenda Item # , 1 Commissioner staff to complete) Briefing Date: Briefing Presented By: [ x ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval of Warrants & Electronic Remittances Claims Clearing Fund Warrant# 8085622-8085853 $ 1,658,223.26 Direct Deposit Fund Warrant# 84105-84487 $ 805,671.64 Salary Clearing Fund Warrant# 7006416-7006440 $ 546,787.03 Treasurer Electronic Remittance $ Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 3,185,742.74 Direct Deposit YTD Total $ 1,607,378.85 Salary Clearing YTD Total $ 1,614,580.01 Approval of Treasure Electronic Remittances YTD Total $ 1,362,546.63 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8085622-8085853 $ 1,658,223.26 Direct Deposit Fund Warrant# 84105-84487 $ 805,671.64 Salary Clearing Fund Warrant# 7006416-7006440 $ 546,787.03 Treasure Electronic Remittance $ Attachment(s): Originals on file with Auditor/Financial Services (copies on file with the Clerk of Board) MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lydia Buchheit Action Agenda: _X_ Public Hearing: Other: Department: MCCS-PH Ext: 404 Date: 2/01/2022 Agenda Item # e,.2 Commissioner staff to complete) Briefing Date: 1/24/2022 Briefing Presented By: Lydia Buchheit [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Mason County LEAD subcontract amendment with Olympic Health and Recovery Services (OHRS) Background: There is a need to increase the original contracted amount with OHRS that will provide MCPH the ability to complete billing for the work done for December 2021. Budget Impact(s): $16,986.72 which MCPH has already been drawn down from the HCA Recommended Action: Approve contract #20-059 amendment #2 Attachment(s): Contract #20-059 amendment #2 Contract Between Mason County and Olympic Health and Recovery Services Professional Services Contract#20-059 Amendment # 2 The purpose of this amendment is to adjust the compensation of the contract. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Increase in total funding: The total amount contracted shall increase from $407,000 to $423,986.72 (an increase of$16,986.72) ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof on the_1 st_day of February , 2022. CONTRACTOR MASON COUNTY Joe Avalos,Administrator Kevin Shutty, Commissioner Olympic Health and Recovery Services Mason County 1 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lydia Buchheit Action Agenda: _X_ Public Hearing: Other: Department: MCCS-PH Ext: 404 Date: 2/01/2022 Agenda Item # .3 Commissioner staff to complete) Briefing Date: 1/24/2022, 1/10/2022, 7/26/2022 Briefing Presented By: Lydia Buchheit [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Mason County Behavioral Health and Recovery Support Transportation Program Background: This transportation program will be set up to transport folks to services such as inpatient, detox, medical appointments, bus stations, UA's, jail re-entry, court dates and all other needed recovery support services necessary for recovery and wellness both in and out of Mason County. Program sustainability will be assessed after year one and multiple resources will be considered to support the program long-term. Budget Impact(s): Treatment Sales Tax- 1st year- $80,000 2nd year- $70,000 Total Ask- $150,000 Recommended Action: Sign subcontracts for The Patty Wagon and Gethsemane Ministries Attachment(s): Subcontracts for The Patty Wagon and Gethsemane Ministries MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Gethsemane Ministries , hereinafter referred to as "CONTRACTOR." Contracted Entity Gethsemane Ministries Address 220 East Misty Acres Lane City, State, Zip Code Union, WA 98592 Phone 360-898-2752 Primary Contact Name, Title Brian Hellenthal Primary Contact Phone & E- 360-851-5189 mail nehouse@gmail.com Contractor Fiscal Contact Brian Hellenthal Contractor Fiscal Phone & 360-851-5189 Email nehouse@gmaii.com Washington State UBI# 603 014 211 Federal EIN 60-4657159 Total Award/Contract Value $70,000 Contract Term Duration February 1 st,2022 - December 31 st, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab@masoncountywa.gov 360-427-9670 ext.404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb@masoncountywa.gov 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of a pilot project, the Behavioral Health and Recovery Support Transportation program, with Mason County Community Services. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Gethsemane Ministries Authorized Signature Date Kevin Shutty, Chair Date APPROVED AS TO FORM: Tim Whitehead, Chief DPA Date Professional Services Contract Gethsemane Ministries 01/2022 Pagel 1 1 Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following document requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Treatment Sales Tax General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, Housing RFP Application, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: Professional Services Contract Gethsemane Ministries 01/2022 Page 2 1 COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is December 31st, 2023, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the Professional Services Contract Gethsemane Ministries 01/2022 Page 3 1 right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of Professional Services Contract Gethsemane Ministries 01/2022 Page 4 CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub- contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty-free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Professional Services Contract Gethsemane Ministries 01/2022 Page 5 1 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a Professional Services Contract Gethsemane Ministries 01/2022 Page 6 1 staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, Professional Services Contract Gethsemane Ministries 01/2022 Page 7 1 disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and Professional Services Contract Gethsemane Ministries 01/2022 Page 8 maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Professional Services Contract Gethsemane Ministries 01/2022 Page 9 1 Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: Lydia6(o)masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Professional Services Contract Gethsemane Ministries 01/2022 Page 10 1 Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(a-masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C F. Exhibit D-HCA Professional Services Contract#K4511 LEAD Pilot Site Development Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. EXHIBIT A Professional Services Contract Gethsemane Ministries 01/2022 Page 11 1 SCOPE OF SERVICE Program: Mason County Behavioral Health and Recovery Support Services Transportation Program Program Description: The Mason County Behavioral Health and Recovery Support transportation program is a low barrier/at- will service set up to transport folks needing to access resources such as inpatient, detox, medical appointments, bus stations, UA's, jail re-entry, court dates and all other needed recovery support services necessary for recovery and wellness. Program Expectations: Develop and implement a program that transports Mason County residents to appointments and bed dates to destinations outside of Mason County as well as, when appropriate, coordinate their transportation home. Performance/Reporting and Deliverables: All times and mileages will be annotated on a specified log and will be entered into a database daily. A monthly report titled "Mason County Behavioral Health and Recovery Support Program" will be submitted to Mason County Public Health at the end of each month. This form will specify the number of: • Individuals served • Miles traveled • Types of agencies coordinated with • Individual demographics. EXHIBIT B INSURANCE REQUIREMENTS Professional Services Contract Gethsemane Ministries 01/2022 Page 12 A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $5,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. Professional Services Contract Gethsemane Ministries 01/2022 Page 13 1 1 i 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. EXHIBIT C BUDGET Professional Services Contract Gethsemane Ministries O1/2022 Page 14 Submit monthly invoice request electronically to Stacey Ells at staceye(a.masoncountywa.gov and cc Casey Bingham caseyb@masoncountywa.gov Gethsemane Ministries Year 1 Van purchase $10,000 Operations year 1 $30,000 Maximum Contract Total $40,000 Gethsemane Ministries Year 2 Operations year 2 $30,000 Maximum Contract Total $30,000 *Year two funding shall depend on evaluation of year one performance. BH and Recovery Support Transportation Program will be in pilot phase until expectations are met, per Mason County. Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. Professional Services Contract Gethsemane Ministries 01/2022 Page 15 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and The Patty Wagon , hereinafter referred to as "CONTRACTOR." Contracted Entity The Patty Wagon Address 581 SE Fireweed Road City, State, Zip Code Shelton WA., 98584 Phone 360-427-0202 Primary Contact Name, Title Patricia Perry Primary Contact Phone & E- 360-490-5081 mail the att wagon@rocketmail.com Contractor Fiscal Contact Lisa Contractor Fiscal Phone & 228-365-1379 Email the att agon@rocketmaii.com Washington State UBI# 603-184-646 Federal EIN 45-5463265 Total Award/Contract Value $80,000 Contract Term Duration February 1st,2022 - December 31st, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab@masoncountywa.gov 360-427-9670 ext.404 Phone County Fiscal Contact Casey Bin ham, Fiscal Manager County Fiscal Email & Phone Caseyb@masoncountywas.gov 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of a pilot project, the Behavioral Health and Recovery Support Transportation program, with Mason County Community Services. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON The Patty Wagon Authorized Signature Date Kevin Shutty, Chair Date APPROVED AS TO FORM: Professional Services Contract The Patty Wagon 01/2022 Page 1 Tim Whitehead, Chief DPA Date Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following document requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Treatment Sales Tax General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, Housing RFP Application, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual !I consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: Professional Services Contract The Patty Wagon 01/2022 Page 2 COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is December 31st, 2023, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the Professional Services Contract The Patty Wagon 01/2022 Page 3 1 right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of Professional Services Contract The Patty Wagon 01/2022 Page 4 CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub- contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty-free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Professional Services Contract The Patty Wagon O1/2022 Page 5 1 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a Professional Services Contract The Patty Wagon 01/2022 Page 6 I! staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, Professional Services Contract The Patty Wagon 01/2022 Page 7 disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and Professional Services Contract The Patty Wagon 01/2022 Page 8 1 maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Professional Services Contract The Patty Wagon 01/2022 Page 9 Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: LydiaB(cD_masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Professional Services Contract The Patty Wagon 01/2022 Page 10 Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(a).masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C F. Exhibit D-HCA Professional Services Contract#K4511 LEAD Pilot Site Development Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. EXHIBIT A Professional Services Contract The Patty Wagon 01/2022 Page 11 1 i SCOPE OF SERVICE Program: Mason County Behavioral Health and Recovery Support Services Transportation Program Program Description: The Mason County Behavioral Health and Recovery Support transportation program is a low barrier/at- will service set up to transport folks needing to access resources such as inpatient, detox, medical appointments, bus stations, UA's, jail re-entry, court dates and all other needed recovery support services necessary for recovery and wellness. Program Expectations: Develop and implement a program that transports Mason County residents to appointments and !, services within Mason County as well as, when appropriate, coordinate their transportation home. Performance/Reporting and Deliverables: All times and mileages will be annotated on a specified log and will be entered into a database daily. A monthly report titled "Mason County Behavioral Health and Recovery Support Program" will be submitted to Mason County Public Health at the end of each month. This form will specify the number of: • Individuals served • Miles traveled • Types of agencies coordinated with • Individual demographics. EXHIBIT B INSURANCE REQUIREMENTS Professional Services Contract The Patty Wagon 01/2022 Page 12 1 1 A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $5,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. Professional Services Contract The Patty Wagon O1/2022 Page 13 1 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its j obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating ofA:Vll. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. EXHIBIT C BUDGET Professional Services Contract The Patty Wagon 01/2022 Page 14 1 Submit monthly invoice request electronically to Stacey Ells at staceye(a-D_masoncountywa.gov and cc Casey Bingham caseyb@masoncountywa.gov The Patty Wagon Year 1 Operations year 1 $40,000 Maximum Contract Total $40,000 The Patty Wagon Year 2 Operations year 2 $40,000 Maximum Contract Total $40,000 *Year two funding shall depend on evaluation of year one performance. BH and Recovery Support Transportation Program will be in pilot phase until expectations are met, per Mason County. Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. Professional Services Contract The Patty Wagon 01/2022 Page 15 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom/Lydia Buchheit Action Agenda x Public Hearing Other DEPARTMENT: Community Services-Public Health EXT: 404 DATE: 12/21/21 Agenda Item # -.�- (Commissioner staff to complete) BRIEFING DATE: 12/13/21 BRIEFING PRESENTED BY: Lydia Buchheit [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Annual contract with Mason Matters for Community Health Improvement work for $25,000. Background: Community Health Improvement funding to support Mason Matters and Mason County Health Coalition work to launch projects to impact the next Mason County Community Health Improvement Plan. Budget Impacts: Budgeted for 2022 RECOMMENDED ACTION: Approve Mason Matters Contract Attachment(s): Mason Matters Annual Contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT ID 2022 MM This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason Matters, hereinafter referred to as"CONTRACTOR." Contracted Entity Mason Matters Address PO Box 1150 City, State, Zip Code Shelton, WA 98584 Phone 360-227-2107 Primary Contact: Name, Lydia Buchheit, Board Secretary/Treasurer Title Primary Contact: E-mail mason matterslEEM. ii .com Washington State UBI# 601-999-453 Federal EIN _ 91-2078385 _ DUNS Number 146380899 Total Award/Contract $25,000 Value Funding Source State Public Health Assistance Funds Federal None Contract Term Duration January 1, 2022— December 31, 2022 County Contract Contact: Dave Windom, Director Community Services County Contact Email: dwindom@masoncountywa.gov County Contact Phone: 360-427-9670 ext. 260 Exhibits incorporated into Exhibit A: Scope of Work B: Compensation C: Insurance this Personal Service Requirements Contract by reference General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Compensation: CONTRACT total values are not to exceed $25,000 per year. 1 Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. t Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. 4 Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt 5 of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from)which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. 6 Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Dave Windom, Director Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 260 Fax: 360-427-7787 E-mail: dwindom(cr masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(d,)masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain 7 performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer of COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation 8 requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree !, that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be 9 a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. MASON MATTERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Mason Matters Board Member Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 10 EXHIBIT A SCOPE OF SERVICES I. Monitoring the health status of the community through: A. Reviewing Community Health Assessments B. Collaborating on health priorities and Community Health Improvement Plan (CHIP) C. Reviewing Community Health Coalition and community agency project proposals that target CHIP priorities D. Fund community proposals and projects that meet CHIP criteria E. Annual Report demonstrating funding use II EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated in one lump amount so funding is available for Mason Matters operations and Request for Proposal (RFP) Funding B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager caseyb(a)co.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 4. Annual report will be due on January 15 of the month following the end of year. Reports will be sent electronically to: Casey Bingham, Fiscal Manager to caseyb(c-)masoncountywa.gov 12 r � EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR I, Id agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior 14 r s a to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 15 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: February 1, 2022 Agenda Item # 6.5 Commissioner staff to complete) BRIEFING DATE: January 24, 2022 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Permission from the Board for the General Fund to purchase vehicle #188, a 2001 Ford F150, for the WSU Extension Office from Public Works; transfer vehicle #102 from ER&R to Current Expense; and surplus wrecked vehicles #32 and #48 Background: Vehicle #188 is a 2001 Ford F150 that the WSU Extension Office has been renting on a per mile basis from ER&R for the last several years. Motor Pool would like to purchase the truck from ER&R at fair market value. The Kelley Blue Book instant cash trade-in value for this type of vehicle in good condition at January 26, 2022 is $3,922. Vehicle #102 was paid for with Health Department grant funds and is currently listed in ER&R's vehicle inventory. Motor Pool is requesting a non-monetary transaction moving the vehicle from ER&R's inventory to Current Expense Motor Pool's inventory. Finally, Sheriff PPV vehicles #32 & #48 were involved in accidents with uninsured individuals and are completely totaled. Motor Pool is requesting permission from the Board to surplus these no-value vehicles. Recommended Action: Permission from the Board for Current Expense to purchase vehicle #188 from Public Works, ER&R for $3,922; transfer vehicle #102 from ER&R to Current Expense inventory; and surplus Sheriff PPV vehicles #32 & #48 Attachment: Kelley Blue Book Trade-In Value Estimate J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2022\Action Agenda 2.1.2022-Vehicle Fleet Changes.doc 1/26/22,8:19 AM 2001 Ford F150 Regular Cab Long Bed Trade In Values I Kelley Blue Book Home > What's My Car Worth > Category & Style > Options > Condition > Long Bed Advertisement My Car's Value 2001 Ford F150 Regular Cab Long Bed Mileage:100,000 Edit Options 4.7 "'' (1439 Ratings) Write a review Recalls: 4 Recalls Found -- Is my car affected? Repair Estimator: See Pricing What's a fair price? Compare Your Values Use these values to help make a confident decision on whether to sell,trade or donate your car. Instant Cash Offer Trade-in Private Party Donate Your Car Congratulations, KELLY! Participating Dealers are interested in your 2001 Ford F150 Regular Cab Long Bed Review Vehicle Details Your Kelley Blue Book Instant Cash Offer $3, 922 This offer can only be redeemed at a Participating Dealer.Kelley Blue Book doesn't redeem offers, purchase vehicles,or own/operate Participating Dealers. https://www.kbb.com/ford/fl50-regular-cab/2001/long-bed/?vehicleid=4192&intent=trade-in-sell&op;ions=162600%7ctrue%7c162606%7cfalse%7c162... V6 1/26/22,8:19 AM 2001 Ford F150 Regular Cab Long Bed Trade In Values I Kelley Blue Book Home > What's My Car Worth > Category & Style > Options > Condition > Long Bed Advertisement My Car's Value 2001 Ford F150 Regular Cab Long Bed Mileage:100,000 ® Edit Options 4.7 ,,`f (1439 Ratings) Write a review Recalls: 4 Recalls Found - Is my car affected? Repair Estimator: See Pricing What's a fair price? i Compare Your Values Use these values to help make a confident decision on whether to sell, trade or donate your car. Instant Cash Offer Trade-in Private Party Donate Your Car Offer Details Please review the information you've given us. .._._... ----------- .._.._----------_____ vciiiLIC.`Zuu l rul u r f Ju ntg'uldl C dU LU[Ig D%fU- _ Mileage: 100000 Color:White 2 Sets of Keys: Yes i Vehicle Options Engine:V8, 5.4 Liter Transmission:Automatic Drive:4WD Installed Options: Work Truck Power Steering ADC /A lA/k--I\ T71tlA/6,--I https:/Iwww.kbb.com/ford/fl 50-regular-cab/2001/long-bed/?vehicleid=4192&intent=trade-in-sell&options=162600%7ctrue%7cl 62606%7cfalse%7cl 62... 1/6 1i26/22,8:20 AM 2001 Ford F150 Regular Cab Long Bed Trade In Values I Kelley Blue Book Home > What's My Car Worth > Category & Style > Options > Condition > Long Bed Advertisement My Car's Value 2001 Ford F150 Regular Cab Long Bed Mileage:100,000 ® Edit Options 4.7 ';'`' (1439 Ratings) Write a review Recalls: 4 Recalls Found Is my car affected? Repair Estimator: See Pricing What's a fair price? Compare Your Values Use these values to help make a confident decision on whether to sell, trade or donate your car. Instant Cash Offer Trade-in Private Party Donate Your Car Offer Details Please review the information you've given us. -- A Contact Information Name: KELLY FRAZIER Email: kellyf@masoncountywa.gov Phone: (360) 507-4779 Zipcode: 98584 Vehicle Description Vehicle: 2001 Ford F150 Regular Cab Long Bed Mileage: 100000 Color:White https://www.kbb.com/ford/f150-regular-cab/2001/long-bed/?veh icleid=4192&intent=trade-in-sel I&options=162600%7ctrue%a7c162606%7cfalse%7c162... 1/6 1/26/22,8:20 AM 2001 Ford F150 Regular Cab Long Bed Trade In Values i Kelley Blue Book 2 Sets of Keys:Yes Vehicle Options Engine:V8, 5.4 Liter Transmission:Automatic Drive:4WD Installed Options: https://www.kbb.com/ford/fl 50-regular-cab/2001/long-bed/?vehicleid=4192&intent=trade-in-sell&options=162600%7ctrue%7c162606%7cfalse%7c162... 2/6 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: February 1, 2022 Agenda Item # RLQ BRIEFING DATE: January 24, 2022 and January 31, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Closure for House Move on Landon Road — February 8, 2022 to February 9, 2022 BACKGROUND: Craig Landon has requested that Public Works close Landon Road at to allow him to have his house moved across the road from parcel address 581 NE Landon Road to 600 NE Landon Road (see attached map). The closure is scheduled to begin at 10:00am, Tuesday, February 8 2022 and reopening at approximately 4:00pm, Wednesday, February 9, 2022. Landon Road is less than one-mile long and loops off of North Shore Road at MP 5.4.08 and MP 6.198; property owners will be able to use one or the other to get to their homes. RECOMMENDED ACTION: Recommend the Board of County Commissioners approve the closure of a portion of Landon Road to begin at 10:00am, Tuesday, February 8, 2022 to 4:00pm, Wednesday, February 9, 2022 to move a house across the road from 581 NE Landon Road to 600 NE Landon Road. ATTACHMENTS: 1. Notice 2. Map NOTICE ROAD CLOSURE ON LANDON ROAD NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010,a portion of Landon Road shall be closed to all through traffic to move a house from 581 NE Landon Road to 600 NE Landon Road. The closure is scheduled to begin at 10:00am Tuesday, February 8, 2022 and reopen at approximately 4:00pm, Wednesday, February 9. 2022. Landon Road will be open on both sides of North Shore Road allowing access for all property owners. For more information, contact Public Works at(360)427-9670, Ext. 450. Dated this day of ,2022. DEPARTMENT OF PUBLIC WORKS MASON COUNTY,WASHINGTON Kelle Medcalf, PW Office Administrator cc: Commissioners Engineer JOURNAL: Publ. It.: 2/3/22 (Bill Road Dept.) POST: At Least three (3)days prior to closure. t - ' ki# op lit � 1 q: 1 1111 A' yq t 4. #s r 1.. f MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: February 1, 2022 Agenda Item # �- BRIEFING DATE: January 24, 2022 BRIEFING PRESENTED BY: Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mutual Aid Agreements with Washington State Department of Transportation (WSDOT) for response assistance for emergent events with or without a deemed proclamation BACKGROUND: Mason County Public Works would like to enter into two (2) pre-disaster mutual aid agreements with WSDOT that allows all participating agency (government entities in the State of Washington) that have executed these agreements with WSDOT to provide immediate assistance to a requestor if they have determined they have the available personnel, equipment or material in an event with or without proclamation of an emergency. WSDOT's Office of Emergency Management (OEM) maintains the list of all signatory Agencies participating and all requests are submitted to OEM. Each agreement remain in effect as long as two or more Agencies are parties to the agreement or they may be terminated by written notice, at least 30 days prior to termination date. All requests made by Mason County Public Works Department would be funded out of the Road Fund. Responding agency will be reimbursed all costs, including loss or damage to equipment. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize RU31� the Chair to execute the Mutual Aid Agreements (GCB 3187) for Emergency Proclamation Response Assistance and (GCB 3207) for Non-Proclamation Emergency Response Assistance. ATTACHMENTS: 1. Agreement GCB 3187 2. Agreement GCB 3207 GCB 3187 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies (local,county,tribal or state), herein after "Agency"or"Agencies,"that have executed the Agreement, as indicated by the signatures at the end of this document. 1. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate assistance to protect life and property. 2. This Agreement is authorized under Washington State Chapter 38.52 RCW(Emergency Management),;which is activated only in the event of a proclamation of an emergency by the local, county,tribal and/or state government approving authority. 3. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, sewer, water, and related systems during routine and emergency conditions. 4. Each of the parties owns and maintains equipment, and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway,sewer,water, and related systems and other support. NOW,THEREFORE, pursuant to Chapter 38.52 RCW and in consideration of the terms,conditions,and performances contained herein,the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof,: It is Mutually agreed as follows: 1. Request If confronted with an emergency situation requiring personnel,equipment or material not available to it,the requesting party(Requestor) may request assistance from any of the other parties who have executed this Agreement. The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated Primary Contact of a participating Agency,from the list of Office of Emergency Management(OEM)signatory Agencies, by phone or email. 2. Response Upon receipt of such request,the party receiving the request(Responder)shall immediately take the following action: A. Determine whether it has the personnel, equipment, or material available to respond to the request. GCB 3187 Page 1 of 5 B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: It is understood that the integrity of dedicated funds needs to be protected.Therefore,Agencies funded with road funds are limited to providing services for road activities,sewer funds are limited to providing services for sewer activities and so on. 3. Incident Commander The Incident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve.The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the Responder to assume command,the Incident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. S. Release of Personnel and Equipment All personnel, equipment,and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor, or on demand by the Responder. 6. Compensation 1t is hereby understood that the Responder will be reimbursed (e.g. labor,equipment, materials and other related expenses as applicable, including loss or damage to equipment)at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime,and benefits. B. Compensation for equipment at Responder's established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. GCB 3187 Page 2 of 5 1 D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty(60)days after completion of Work (RCW 38.52.080). Unless otherwise agreed,the Responding Agency shall receive reimbursement within ninety(90) days after the voucher submittal date. (Note: after execution of the Agreement the participating Agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. Indemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency(RCW 38.52.080). B. To the extent permitted by law,the Requesting Agency shall protect,defend, hold harmless and indemnify all other Responding signatory Agencies,and their officers and employees from any and all claims, suits,costs,damages of any nature,or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions,whether negligent,willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement,and will pay all judgments, if any, rendered.This obligation shall not include such claims, costs, damages or other expenses, which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments,fees, premiums, wages,withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise,each party shall insure,self- insure, or both, its own employees as required by Washington Revised Code of Washington (RCW). 9. The Agreement A. It is understood that all parties may not execute this Agreement at the same time. It is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement.The individual parties to this Agreement may be "Requestor"or "Responder's" as referred to in Section 1.and 2. above, to all others who have entered this Agreement. GCB 3187 Page 3 of 5 B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures.This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this Agreement,the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation,Office of Emergency Management(OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date.This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2) Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non-Exclusive This Agreement is not intended to be exclusive among the parties.Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page. IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION )0... 9:� -x 1 Pasco Bakotich 111, P.K. Date State Maintenance Engineer Washington e D partment of Transportation APPRO ED RM Yz < � Sc At L. ckwood Date Assist@ I Attorney General GCB 3197 Page 4 of 5 IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative Date ��.�, G✓��IG�`'') oen Designated Primary Contact: Office Contact Name: Phone Number: Email: Emergency 24 Hour Phone Number: GCB 3187 Page 5 of 5 GCB 3207 (Local Agency Emergency Event — NO PROCLAMATION) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies(local,county, tribal or state), herein after"Agency" or "Agencies,"that have executed the Agreement, as indicated by the signatures at the end of this document. 1. This Agreement is authorized by Washington State Chapter 39.34 RCW(Interlocal Agreement Act), which provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental service,activity, or undertaking,which each public agency entering into the contract is authorized by law to perform. 2. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate assistance to protect life and property by facilitating the cooperation between Agencies to assist in a disaster in the absence of a"Proclamation of Emergency' as that term is defined in Chapter 38.52 RCW. 3. A separate agreement, GCB 3187 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT, has been prepared to address those events where a Proclamation of Emergency has been declared invoking the broader statutory emergency powers provided to agencies in Chapter 38.52 RCW. 4. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway,and related systems during routine and emergency conditions. 5. Each of the parties owns and maintains equipment,and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway, and related systems and other support. NOW,THEREFORE pursuant to Chapter 39.34 RCW and in consideration of the terms, conditions, and performances contained herein, the recitals as stated above,and the attached Exhibits which are incorporated and made a part hereof, It is Mutually Agreed as Follows: 1. Request If confronted with an emergency situation requiring personnel, equipment or material not available to it,the requesting party (Requestor) may request assistance from any of the other parties who have executed this Agreement. GCB 3207 Page 1 of 5 The Requestor may make the Emergency Response Assistance(Work) request by contacting the Designated Primary Contact of a participating agency, from the signatory Agencies list maintained by the WSDOT Office of Emergency Management(OEM), by phone or email. 2. Response Upon receipt of such request,the party receiving the request(Responder)shall immediately take the following action: A. Determine whether it has the personnel,equipment,or material available to respond to the request. B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel,equipment,or material is not available. NOTE: It is understood that the integrity of dedicated funds needs to be protected.Therefore,Agencies funded with road funds are limited to providing services for road activities; sewer funds are limited to providing services for sewer activities and so on. 3. Incident Commander The Incident Commander of the emergency shall be designated by the Requestor,and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve.The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the Responder to assume command,the Incident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked,and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. S. Release of Personnel and Equipment All personnel, equipment, and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor,or on demand by the Responder. GCB 3207 Page 2 of 5 6. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor,equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates.Compensation may include_ A. Compensation for workers at the Responder's current pay structure, including call back,overtime, and benefits. B. Compensation for equipment at Responder's established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty(60) days after completion of Work). Unless otherwise agreed,the Responding Agency shall receive reimbursement within ninety(90)days after the voucher submittal date. (Note:after execution of the Agreement the participating agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. Indemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. To the extent permitted by law,the Requesting Agency shall protect,defend, hold harmless and indemnify all other Responding signatory Agencies,and their officers and employees from any and all claims, suits,costs, damages of any nature,or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions,whether negligent, willful,or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement,and will pay all judgments, if any, rendered.This obligation shall not include such claims,costs,damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments,fees, premiums, wages, withholdings,workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self-insure,or both, its own employees as required by Washington Revised Code of Washington(RCW). 9. The Agreement A. It is understood that all parties may not execute this Agreement at the same time. It is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement. GCB 3207 Page 3 of 5 c The individual parties to this Agreement may be"Requestor"or"Responder's" as referred to in Section 1. and 2. above,to all others who have entered this Agreement. B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures.This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement.Upon execution of this Agreement, the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation, Office of Emergency Management(OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date.This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2) Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non-exclusive This Agreement is not intended to be exclusive among the parties.Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages,one party per page. IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Pasco Bakotich III, P.E. Date State Maintenance Engineer Washin on Stat epartment of Transportation A O1tE ©FOR �0/ Scott L:Lockwoo Date Assists t Attorney General GCB 3207 Page 4 of 5 IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative Date vim+ l D Designated Primary Contact: Office Contact Name: Phone Number: Email: Emergency 24 Hour Phone Number: GCB 3207 Page 5 of 5 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: February 1, 2022 Agenda Item # BRIEFING DATE: January 24, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: Taylor Zillyett has applied for a Private Line Occupancy Permit to install a new underground power, water cable and a sewer transport line under West Lost Lake View Drive. These lines are to connect utilities to the parcels on each side of the road located at address 50 West Lost Lake View Drive parcel numbers (51901-52-02006) & (51901-52-01011). An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under West Lost Lake View Drive for address 50 West Lost Lake View Drive. ATTACHMENT: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Taylor Zillyett FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Waterline, Septic Transport, Cable, Power ALONG AND UNDER W Lost Lake View Dr. ,A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of Taylor Zillyett , with principal residence located at 50 W Lost Lake View Dr. Shelton NIA by and throughTaylor Zillyett, 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): Provide water, sewer, cable and power transport between Parcel# 51901-52-02006 to 51901-52-01011 1 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. M. 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 2 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 exhibit depicting the existing or proposed location of the utility facility in relation to the road, including right-of-way or 3 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. 4 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. PERMIITEE 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. 5 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 ofroad 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." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above 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. 7 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, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VK 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 MONUMENTS84ARKERS 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. 8 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: Bodilyand Personal Injury&Property 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. 9 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. 10 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. 11 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 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. X1V. 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 12 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 consequences thereof,which acts or omissions occur prior to the time of the assignment. No Permit maybe 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 XVM 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 13 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. 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 14 cumulative; the exercise of one shall not foreclose the exercise of others. XVH. 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. XVHL 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 party of any provision of this Permit shall in any way 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.Attorneys 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 attorneys 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 Parry and address may be changed by providing no less than thirty(30)days'advance written notice of such change in address. Permittee: Taylor Zillvett 33 Eileen Ln Montesano WA, 98563 Attn: Taylor Zillvett 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 Party 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 34 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 V %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 County Engineer 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: Description of Franchise Area: SEE EXHIBIT A-4 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective - 120 UWe,Tayior zii1yettam/our the property Owner of parcel(S) 51901-52-02006 519 01-5 2-01011 and Uwe am/are the(Operator and)or(representative authorized to) accept Permit on behalf of Owner Uwe certify that this Permit and all terms and conditions thereof are accepted by Myself without qualification or reservation and guarantee performance hereunder. UWe 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 Tc� day of _Cg.J yL,,�- ,207-V. PERMITTEE(S) By: fill o r Z 11 Y�— \ /l Title: bwner STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that � -1 tk ���-U�l -s is the 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 ot., M— of the Z ()2 4 i e, <� to be the free and voluntary act of such parry for the uses and pure sb es mentioned in the instrument. Dated: MICHELLE L. TAYLOR Notary Py is NOTARY PUBLIC Print Name H i k l STATE OF WASHINGTON My commission expires 4 COMMIS$M No.20106796 • My Commiutan Expirm AprH 01,2024 ws .................... MEMORANDUM OF PRIVATE LINE UTR ITY OCCUPANCY PERMIT A-2 THIS MEMORANDUM OF PERMIT is dated as of the_day of 120_ between the County of Mason,a legal subdivision of the state of Washington("County") and (Permittee"). l. 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 ofMemorandum of Permit. This memorandum ofpermit 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_ COUNTY OF MASON County Engineer Approved as to form: Chief D.P.A. A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map N y 4. N?, £ y� LOSt< ti. "4e k Parcel#519015201011 r: ,.ate e ", G el t ..y sell 50 W Lost Lake View Dr .i Parcel#519015202006 �o Zillyett PLO 50 W Lost Lake View Dr 'a A A-4 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kelly Bergh for Jennifer Beierle Action Agenda: _x_ Public Hearing: Other: Department: Support Services Ext: Date: February 1, 2022 Agenda Item # ,.c� Commissioner staff to com lete Briefing Date: January 24, 2022 Briefing Presented By: [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item American Rescue Plan Act (ARPA) funding — New guidelines for the enforcement of Title VI, Civil Rights Act of 1964 Background: On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (HR 1319). Mason County will receive a total of $12,949,242 in grant funding. The US Treasury continues to update guidelines and compliance requirements. Addendums are required for each of the subrecipient agreements in place to address the updated guidelines for enforcement of Title VI, Civil Rights Act of 1964. Legal and Subrecipients have all signed the Addendums. Budget Impact(s): None Recommended Action: Approval to authorize, Mark Neary, County Administrator to sign addendums. Attachment(s): US Department of the Treasury Civil Rights Compliance Guidance Addendums 0 U.S.DEPARTMENT OF THE TREASURY Management and Budget(OMB)Compliance Supplements for audits of federal funds and related guidance and the Federal Audit Clearinghouse to see examples and single audit submissions. 4. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C.794;Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C.6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ)regulations, Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 11 AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-092 Between MASON COUNTY and BELFAIR WATER DISTRICT#1 The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of AR13A Rinds for the New Belfair Well for UGA Commercial Core project. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race, color, national origin(including limited English proficiency),disability,age, or sex(including sexual orientation and gender identity), in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C. 2000d-1 et seq.,acid the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22, and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information fi•om recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status. Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal overnments. Mason County ecipient,Bel�ir Water Distri t#1 By: Mark Neary, County Administrator Dale ,General Manager Date: Date• /'/)-41 ZT ATTEST: McKenzie Smith,Clerk of the Board Approved As T9 Form: im-Whitehead,Chief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-097 Between MASON COUNTY and CROSSROADS HOUSING The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA fiends for the poor and infirm with a strong preference towards veterans of Mason County project. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal firnds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race, color, national origin(including limited English proficiency),disability,age, or sex(including sexual orientation and gender identity),in accordance with the following authorities: Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112,as amended by Public Law 93-516,29 U.S.C. 794; Title 1X of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq.,and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations, 31 CFR part 22, and the Department of Justice(DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status. Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient, Crossroa Housing By: By: l Mark Neary, County Administrator Tanya T raziei Date: Date: ATTEST: McKenzie Srnith,Clerk of the Board Approved As To form: Tim Whitehead, Chief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT 421-085 Between MASON COUNTY and Economic Development Council of Mason County The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA Rinds. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities: Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR pant 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Economic Develo ment Council of Mason County By: By; Mark Neary,County Administrator Jen tar' Executive DirectorDate• Date. 20?� ATTEST: McKenzie Smith, Clerk of the Board Approved As To Form: Tim Whitehead,-Cfiief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-088 Behveen MASON COUNTY and HOOD CANAL COMMUNICATIONS The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for Residential Utility Assistance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex (including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22;Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et scq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews, including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Hood Canal Communication By: By: Marls Newry, Couuty Administrator Mike Oblizalo,Vice Pr ent Mite: Date• /1 12 3l 2o2 I ATTEST: McKenzie Smith,Cleric of the Board Ap To Torn": 7 Tim Whitehead,Chief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-086 Behvecii MASON COUNTY and HOOD CANAL COMMUNICATIONS The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA finds for the Colony Surf Fiber Buildout. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal finds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title Vl)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations, 31 CFR part 22;Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title 1X of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 ct seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. "Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Hood Canal Communication 13y: By: .,& euo�_ID Marl(Neary, County Aelininistrator Mike Oblizalo,Vice P• dent Date: Date:l2 3l2ozl ATTEST: McKenzie Smith,Clerk of the Board Approved As To Form: Tim Whitehead, hicf DPA AMERICAN RE,SCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-087 Between MASON COUNTY and ROOD CANAL COMMUNICATIONS The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the Eldon Fiber Buildout. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex (including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964('Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22;Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR pail 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Hood Canal Communication By: By: Mark Ne ary, County Administrator Mike Oblizalo,Vice Pr lend t Date: Date: //� 2.3/ 202-k ATTEST: McKenzie Smith, Clerk of the Board Ap wo ed As To Form: Tina Whitehead,Chief DPA i AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT 021-091 Behveen MASON COUNTY and Public Utility District No. 1 of Mason County The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA finds for the Agate Beach project. j Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal finds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title Vl)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22; Section 504 of the Rehabilitation Act of 1973(Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations, 31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. i In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Public Utili District No. 1 of Mason C uity — i By: By; Mar•Ic Nemy,County Administrator Kristin Mastelle ,Geueral Manager Datc: Date: ATTEST: McKenzie Smith,Clei•lc of the Board Ap loa�ed�i"40 corm: Tint Whitehead,Chief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-090 Behveen MASON COUNTY and Public Utility District No. 1 of Mason County The purpose of this Addendum is to provide requirements by the U.S.Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the Vuecrest Storage Upgrade. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal fiords.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22;Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Public Utility District No. 1 of Mason wily By: By:�Mjok mk&�, Mark Neaiy,County Administrator Kristin Mastellei•,General Manager Date: Date: --V ATTEST: McKenzie Smith,Clerk of the Board aved As To Ibrni: Tim hitehcac ,Chief DPA i II i AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT 421-089 Between MASON COUNTY and Public Utility District No. I of Mason County The purpose of this Addendum is to provide requirements by the U.S.Department of the Treasury regarding Civil Rights Compliance for use of ARPA fiords for Residential Utility Assistance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal fiends.Those requirements include ensuring that entities receiving Fcderal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual i orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. I In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. j Mason County Recipient,Public Ut' ity District No. 1 of Mason unty I By: B f Mark Neary,County Administrator Kristin Ma teller General Manager Date: Date: ATTEST: i I Mckenzie Smith,Clerk of the Board Approved As To Fornn: Tim Whitehead,Chne DPA I i I MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Patrol Chief Ryan Spurling Action Agenda: _X_ Public Hearing: Other: Department: Sheriff's Office Ext: 313 Date: February 1, 2022 Agenda Item # 0 Commissioner staff to complete) Briefing Date: January 24, 2022 Briefing Presented By: Patrol Chief Ryan Spurling [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Authorization to double fill positions after receiving official written retirement notice. Background: There are eight deputies who have expressed an interest in retiring from the Sheriff's Office in 2022. Eight people would represent an entire shift of patrol and traffic deputies. Adding to this potential pressure is training. It takes between six and eighteen months to train a Patrol deputy from the day they start to the day they are able to be out on their own. Additionally, the Sheriff's Office typically has a difficult time finding and hiring qualified candidates to fill its open positions but at times there are candidates willing to transfer. The issue can be that we don't have enough open positions to hire them all. The solution would be to double fill a position when there is documentation that a deputy is planning to retire. This solution has been reviewed and approved by the county Civil Service Coordinator and approved by the Civil Service Board at a meeting held on January 20, 2022. Budget Impact(s): The amount would be dependent on the amount of time the position is filled by two people. Based on past years' difficulty in hiring, we believe we can cover the expense with existing salary and benefit budget authority. Recommended Action: Authorize the SO to hire more than one deputy to fill a single position when there are qualified candidates and documented notification(s) of retirement. GUON s luawy:)e:pd MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Dan Teuteberg Action Agenda: X Public Hearing: Other: Department: WSU Extension Ext: 686 Date: February 1, 2022 Agenda Item # 8. 11 Commissioner staff to complete) Briefing Date: January 24, 2022 Briefing Presented By: Dan Teuteberg [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: 2022 Washington State University Extension - Mason County"Memorandum of Agreement" Appendix A Form. Background: Request signature of the chair on the 2022 "Memorandum of Agreement"Appendix A between Mason County and Washington State University Extension. "Memorandum of Agreement" Appendix A provides funding for WSU Extension to provide programs in Mason County based upon the 2022 budget. Budget Impact(s): WSU Extension budget impact of $87,684 (included in the 2022 adopted budget). Recommended Action: Recommend that the board approves and signs the 2022 "Memorandum of Agreement"Appendix A between Mason County and Washington State University Extension. Attachment(s): 1. 2022 Memorandum of Agreement Appendix A between Washington State University Extension and Mason County. MEMORANDUM OF AGREEMENT Between WASHINGTON STATE UNIVERSITY EXTENSION And Mason County APPENDIX A The following funds will be provided under this Memorandum of Agreement for the period January 1, 2022 through December 31, 2022 to provide an extension program. Federal Funds $0.00 Non-Federal Funds $ 87,684.00 TOTAL FUNDS $ 87,684.00 It is understood that non-Federal funds provided by the County in support of this agreement may be identified by WSU as match for Federal capacity program(Hatch Act, Smith-Lever Act, etc.) funds received by WSU to support Extension activities. Dr.Vicki McCracken Date Kevin Shutty Date Associate Dean and Director Chair,Mason County Commission WSU Extension Daniel G.Nordquist Date Associate Vice President Office of Research Support and Operations November 8, 2021 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lisa Frazier Action Agenda: _X_ Public Hearing: Other: Department: Treasurer Ext: 484 Date: 2/1/2022 Agenda Item # .12 Commissioner staff to complete) Briefing Date: 1/24/2022 Briefing Presented By: Lisa Frazier, Treasurer [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: 2021 Treasurer's Refund Report—Acknowledgment of Receipt Background: RCW 84.69.020 requires the county treasurer to make all refunds determined by this section and by the first Monday in February each year, report to the county legislative authority a list of all refunds made under this section during the previous year. Budget Impact(s): Impact was shown as revenue refunds in the 2021 budget year in the amount of $289,373.99 Recommended Action: Approval to acknowledge receipt of the 2021 Treasurer's Refund Report Attachment(s)• Acknowledgment of Receipt— 2021 Treasurer's Refund Report MASON COUNTY BOARD OF COMMISSIONERS ACKNOWLEDGMENT OF RECEIPT According to RCW 84.69.020,the county treasurer shall make all refunds to be determined by this section, and by the first Monday in February of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund,the amount of the refund, and the reason for the refund. The Mason County Board of Commissioners hereby acknowledges they are in receipt of the attached Treasurer's Refund Report(attachment"A")to support the refunds made to taxpayers during the year of 2021. Dated this , day of February, 2022. c BOARD ' MASON C Kevin Shutty, Cha, Sharon Trask,Vice-Chair Randy Neatherlin, Commissioner ATTEST: McKenzie Smith, Clerk of the Board Cc: Mason County Treasurer TREASURER'S ANNUAL REFUND REPORT ATTACHMENT "A" Number of Refunds........................................... 251 Total Taxpayer refunds............................................ $ 289,373.99 Total Treasurer refunds............................................. $ 106,366.01 Total Amount of Refunds.......................................... $ 395,740.00 Reason for tax refunds as follows: Acreage Correction................................... 0 Administrative Segregation......................... 3 Apprasial Review....................................... 3 Assessment Roll Correction......................... 3 Board of Equalization................................. 1 Boundary Line Adjustment.......................... 0 Combination of Parcels.............................. 0 Destroyed Property.................................... 19 DFL/Open Space....................................... 0 Disabled Persons Exemption........................ 21 Double Assessment.................................... 2 Erroneous Assessment................................. 3 Erroneous Payment.................................... 2 Fire Patrol Cancel...................................... 0 Manifest Error............................................. 34 Misc. Change............................................ 4 Now Exempt Property................................. 3 PostingError............................................... 13 Reappraisal Request.................................. 0 Segregation.............................................. 8 Senior Exemption....................................... 130 State Board of Tax Appeals......................... 0 Taxes Paid Twice....................................... 2 TOTAL 251 TREASURER'S ANNUAL REFUND REPORT ATTACHEMENT"A" TAXPAYER TREASURER 395,740.00 $ 289,373.99 $ 106,366.01 Name Reason.; Amount Amount Mason County Treasurer Administrative Seg $ 1,865.49 Mason County Treasurer Administrative Seg $ 277.98 North Mason Food Bank Administrative Seg $ 1,054.93 Air Products &Chemicals Inc Appraisal Review $ 21.15 Hood Canal Grocery Inc . ;Appraisal Review $ 1,292.39 Wells Fargo Financial Leasing, Inc 'Appraisal Review i $ 14.53 Sam Loomis jAssessment Roll Correction $ 502.12 Aleksandr& Larisa Burtch iAssessment Roll Correction $ 86.02 Lantern Loop Parcel 3 LLC `Assessment Roll Correction $ 105.29 j Constance L Simpson Board of Equalization _$ 44.90 Robert &JoAnn Gerbing Destroyed Property _$ _ 45.86 Great Market LLC _ Propet Development, Inc Destroyed Property $ 475.88 Mason County Treasurer Destroyed Property $ 23.38 Jordyn Forbes Destroyed Property ' $ 9.29 Elaine A Steege iDestroyed Property $ 64.69 Brigmond Lohman ��Destroyed Property ; $ 831.51 Karen Hanley Destroyed Property $ 211.85 Linda J Dean & Greg Smith JT WROS ;Destroyed Property $ 1,307.73 Merrill A Russell Destroyed Property ' $ 906.82 1 Evergreen Home Loans Destroyed Property $ 913.88 Milan Bakalik 'Destroyed Property $ 684.47 Richard A Peet I Destroyed Property $ 263.67 Stephen C Smith Destroyed Property $ 99.48 Michelle Larsen ;Destroyed Property $ 193.32 ; $ 135.58 Larry&Sue Culley Destroyed Property $ 1,874.29 Diane L Canfield Rev Living Trust Destroyed Property i $ 405.42 Corelogic Tax Service - Destroyed Property $ 484.73 Wells Fargo ',Destroyed Property $ 1,986.77 Timothy Burns Destroyed Property $ 714.56 Mason County Treasurer i Disabled Persons Exem tion p f $ 1,073.03 Brad Creamer Disabled Persons Exemption $ 631.73 Mason County Treasurer !Disabled Persons Exemption $ 425.42 Heather Caille i Disabled Persons Exemption $ 1,071.80 Wells Fargo Tax Service Disabled Persons Exemption $ 3,636.16 Corelogic Tax Service Disabled Persons Exemption $ 3,542.16 Corelogic Tax Service Disabled Persons Exemption $ 577.90 Lereta LLC Disabled Persons Exemption $ 786.29 Robert Weeks I Disabled Persons Exemption $ 1,740.25 Gilford D or Betty J Palmer Disabled Persons Exemption $ 8,524.54 Andrea R Pare Disabled Persons Exemption $ 216.11 $ 1,170.76 Corelogic Tax Service Disabled Persons Exemption $ 1,180.23 Deborah A Riehl Disabled Persons Exemption $ 381.44 Randall Smith Disabled Persons Exemption $ 207.16 Heather Lewis Disabled Persons Exemption $ 464.23 Corelogic Tax Service Disabled Persons Exemption $ 942.55 Thomas F & Melinda E Biley Disabled Persons Exemption $ 3,598.67 Corelogic Tax Services, LLC Disabled Persons Exemption $ 1,681.92 Ginger Zehner& Roxanne D Zehner Disabled Persons Exemption $ 1,096.13 Charles J Glover Disabled Persons Exemption $ 4,353.45 Corelogic Tax Service Disabled Persons Exemption $ 813.41 Peter L Kaupanger Double Assessment $ 709.99 Mason County Treasurer Double Assessment $ 47.27 Janet Kron Erroneous Assessment $ 4,042.11 $ 568.91 Mason County Treasurer Erroneous Assessment $ 105.99 Manke Timber Company, Inc Erroneous Assessment $ 2,135.39 Mason County Treasurer Erroneous Payment $ 168.42 Michael G Halaier Chapter 13 Trustee Erroneous Payment $ 430.02 Mason County Treasurer Manifest Error $ 516.32 Mason County Treasurer Manifest Error $ 438.90 Kamin Properties Manifest Error $ 245.56 Mark E & Patricia A Bailey Manifest Error $ 823.04 _ Corelogic Tax Service Manifest Error $ 437.03 Mason County Treasurer Manifest Error $ 1,776.13 A Better Solution Storage LLC IManifest Error $ 1,267.09 Janis & Ronnel Borseth Manifest Error $ 4,079.40 Wallace Nelson &Susan Korvel Susan & Robert Korvel Wallace Nelson Manifest Error $ 428.48 Robert S Nelson Manifest Error $ 29.77 Gracia Macy Manifest Error $ 274.91 $ 1,249.42 Wayne & Fujiko Gardner Manifest Error $ 162.15 Ed L&Margaret I Hesner Manifest Error $ 152.33 Ruth I Shimondle Manifest Error $ 153.90 Robert N Ester Manifest Error $ 1,725.27 ----_ Susan D & Robert F Arens Manifest Error $ 3,425.86 _ Peter J &Martha Ellen Breckheimer Manifest Error $ 356.44 Carole J Washburn & Verne Gibbs Manifest Error $ 1,039.05 David Linth & Karen Linth Manifest Error $ 194.39 Karlynn M Stieber Manifest Error $ 597.78 Mason County Treasurer Manifest Error $ 1,693.29 Skokomish Farms Land Northwest LLC Skokomish Valey Farms LLC Mali Krivor Manifest Error $ 133.36 Maria Mejia Manifest Error $ 2,249.68 Sally J Mitchell &April Y Pruitt Pooler Imanifest Error $ 1,506.22 Corelogic Tax Service Manifest Error $ 163.20 EI Tapatio Bar& Grill, Inc Manifest Error $ 9.28 Timothy Burns Manifest Error $ 236.49 Timberland Bay Manifest Error $ 2,604.36 John Petrie Manifest Error $ 1,023.82 $ 1,572.29 South Sound Investment Properties, LLC Manifest Error $ 2,368.84 Model T Pub & Eatery Manifest Error $ 89.63 H Kern Manifest Error $ 58.38 Manke Timber Company,Inc Manifest Error $ 1,543.32 Byron & Janice Swanson Manifest Error $ 162.26 Mason Conservation District Misc Change $ 235.45 Mary& Mary Roddy Misc Change $ 895.51 Skokomish Tribal Council Misc Change $ 1,431.80 Mason Conservation District Misc Change $ 128.75 Richard Tres Shannon Now Exempt Property $ 685.12 Robert& Lorraine Lightbody Now Exempt Property $ 664.25 AEGIS Land Title Group Now Exempt Property $ 1,875.00 Mason County Treasurer Posting Error $ 1,055.62 Marcus Vind Posting Error $ 6.67 $ 56.70 Mason County Treasurer Posting Error $ 1,605.00 Lary Roi Posting Error $ 555.11 $ 55,831.08 Mason County Treasurer Posting Error $ 1,325.48 Mason County Treasurer Posting Error $ 500.00 Mason County Treasurer Posting Error_ ( $ 2,248.64 Mason County Treasurer Posting Error $ 528.71 Mason County Treasurer I Posting Error $ 376.00 Mason County Treasurer (Health Dept) Posting Error $ 230.00 Corelogic Tax Services, LLC Posting Error $ 200.98 Mason County Treasurer Posting Error $ 2,502.52 Mason County Treasurer Posting Error $ 674.80 Roland Rasher Segregation $ 35.80 $ 137.58 Kristen Coda Segregation $ 17.90 $ 111.58 Mary L Disis &Gregory Dunn Segregation $ 17.90 $ 316.47 Mason County Treasurer Segregation $ 155.17 AEGIS Land Title Group Segregation $ 471.67 $ 10,413.30 Mason County Treasurer Segregation $ 1,783.45 Deepak Jebar Segregation $ 137.13 Mason County Treasurer Segregation $ 504.91 John T Ritchie Senior Exemption $ 576.87 $ 280.24 Duane &Shari Stormo Senior Exemption $ 658.94 $ 1,387.58 Vernal F & Patricia Stratton Senior Exemption $ 2,630.91 $ 2,647.36 Glenn C Wigle Senior Exemption $ 217.00 $ 2,057.38 Mary J Blake &Corelogic Tax Service Senior Exemption $ 3,967.25 Corelogic Tax Service Senior Exemption ! $ 1,167.63 Corelogic Tax Service Senior Exemption $ 1,211.66 John H & Darlene Castle Jr { Richard &Scotti Crump ISenlor Exemption $ 5,877.24 Sally M Carpenter ,Senior Exemption $ 3,439.93 Clyde Medley Senior Exemption $ 2,027.60 _ Janet C Kron Senior Exemption $ 5,242.05 $ 2,607.65 Kay Petrie Senior Exemption $ 725.34 $ 354.80 Northwest Contract Collections, Inc Senior Exemption $ 4,625.98 Melvin A Martinez Senior Exemption $ 1,382.84 Joan Detrick Senior Exemption $ 187.32 Robin Kiser Senior Exemption $ 283.63 Corelogic Tax Service Senior Exemption $ 3,486.38 Corelogic Tax Service Senior Exemption $ 1,718.39 Deborah Hurst Senior Exemption $ 6,377.99 Paul J Kiesel Senior Exemption $ 1,757.73 Robert Lester Senior Exemption $ 2,796.57 Corelogic Tax Service Senior Exemption $ 350.78 Lynwood M & Kristina J David Senior Exemption $ 1,725.97 Gerald L Twidwell Senior Exemption $ 466.26 Charlene Adams Senior Exemption $ 2,652.68 Deborah Johnson Senior Exemption $ 772.44 Donna M Blanton & Gail Gray Senior Exemption $ 2,669.30 Mason County Treasurer. Senior Exemption $ 358.96 Corelogic Tax Service Senior Exemption $ 1,979.32 Lereta LLC Senior Exemption $ 763.65 Nancy L,Martin L, & Bonnie Jubb. Senior Exemption $ 8,833.51 _ Tommie E &Joanne L Trenner Senior Exemption $ 42.45 Roberta J Huff Senior Exemption $ 982.13 Mason County Treasurer Senior Exemption $ 388.85 Corelogic Tax Service Senior Exemption $ 3,017.98 Olympic Title & Escrow Senior Exemption $ 939.11 Land Title Co &Vicki L Strutz Senior Exemption $ 501.01 $ 70.53 Sharon Bartley Senior Exemption $ 218.80 Lawrence & Ida M Gable Senior Exemption $ 6,815.49 Alexandra Garland & Emilia Piechura Senior Exemption $ 707.54 Michael L&Theresa L Bolie Senior Exemption $ 996.18 $ 153., Lisa A Salerno Senior Exemption $ 1,729.06 Sam D &Shu Mei Tsai Senior Exemption $ 9,408.94 Mildred J Simonds Senior Exemption $ 618.66 Bonnie M Lichty Senior Exemption $ 4,165.06 Lillian D Woosley Senior Exemption $ 33.90 Dawna L Sage Senior Exemption $ 2,238.12 $ 958.64 Ed &Terri Reiter Senior Exemption $ 12.62 Theresa M Freeman Senior Exemption $ 1,104.14 Will & Mary Wyat Senior Exemption $ 1,094.35 Valerie J & Bradley A Sager Senior Exemption $ 143.79 Terry L&Judith Hodge Coreloigic Tax Service !Senior Exemption $ 3,089.61 Wells Fargo Tax Service Senior Exemption $ 688.35 Richard m Boyle Senior Exemption $ 8,647.61 John & Kathleen Zenew Senior Exemption $ 606.10 Sharon Burk Senior Exemption $ 1,948.21 Joseph L&Melba M Talley ;Senior Exemption ( $ 169.09 Barbara Bush Senior Exemption ( $ 291.65 Stephen A Carey Isenior Exemption ' $ 765.81 Dean P& Nancy P Shriver ;Senior Exemption ; $ 4,118.23 i David &Wendell Combs jSenior Exemption $ 769.18 Darryl W Johnson Senior Exemption $ 336.68 i Shirley M Grover Senior Exemption $ 76.05 Rose Ann Noah Senior Exemption $ 891.51 i Roberta A Kenner Senior Exemption $ 764.75 Corelogic Tax Service Senior Exemption $ 612.48 Billy W or Jeraldine E Pettitt Senior Exemption $ 1,035.70 Lisa R &Timothy J O'Donnell jSenior Exemption $ 1,023.33 Harvey J Kuchynka Senior Exemption � $ 396.85 , Corelogic Tax Service Senior Exemption i $ 76.85 Corelogic Tax Service ;Senior Exemption $ 19.07 I James E & Joanna R Leblanc Isenior Exemption $ 371.23 Susan Vandusen ;Senior Exemption p ; $ 194.03 Peter Munson ;Senior Exemption ' $ 70.81 Carolyn A West !Senior Exemption $ 66.16 i Darlene F Hale ISenior Exemption $ 65.84 Jack Avery Senior Exemption -- $ 381.50 Lucy A &John R James Senior Exemption $ 196.18 T Jacobson jSenior Exemption '; $ 1,812.95 Robert&Arlene Jacobson ;Senior Exemption $ 377.91 Dorothy L Harpert ;Senior Exemption $ 1,573.42 Steven Whitmore Senior Exemption $ 1,338.89 Hazel L Andersen Senior Exemption $ 680.69 Corelogic Tax Service Senior Exemption { $ 1,430.41 Corelogic Tax Service ;Senior Exemption $ 446.97 Corelogic Tax Service (Senior Exemption $ 562.10 Corelogic Tax Service ;Senior Exemption $ 306.51 Corelogic Tax Service ISenior Exemption Is 301.24 Corelogic Tax Service I.Senior Exemption $ 1,515.90 , Corelogic Tax Service ;Senior Exemption $ 3,483.18 Corelogic Tax Service 'Senior Exemption Is 351.08 Wells Fargo Tax Service (Senior Exemption $ 1,017.88 i Lereta LLC Senior Exemption i $ 76.14 ; Victor& Barbara Seamans Y Senior Exemption $ 231.80 '.. - _ Ted R & Leanna M Keith ?Senior Exemption $ 655.72 AEGIS Land Title Group `Senior Exemption i $ 59.72 Roberta J Faucher& Dawn Cramer {Senior Exemption , $ 100.78 I Heyd Rev Living Trust ;Senior Exemption ? $ 955.79 Margie E Hayden Senior Exemption $ 429.06 Kitsap Credit Union ISenior Exemption ' $ 242.97 Viki A White ;Senior Exemption $ 460.89 i Kimberly McElliott ;Senior Exemption _ $ 471.08 Andrea Gaisser Senior Exemption $ 651.89 , Helen McFarlane jSenior Exemption $ 538.07 , $ 286.70 Ron Rinehart Senior Exemption $ 1,444.81 Scott Walker Senior Exemption $ 2,281.87 $ 1,013.08 Lawrence Kenneth Foutch Senior Exemption $ 377.91 Beatrice T Brown Senior Exemption $ 2,429.70 Richard Paul Todd Boyer Senior Exemption $ 941.57 Michael Huskey Senior Exemption $ 197.11 Chris Furtado Senior Exemption $ 660.12 Helen L Seyferlich Senior Exemption $ 5,180.05 Michael D Martin _ Senior Exemption $ 733.28 Nadine K Fredrickson Senior Exemption $ 1,447.24 Jack L& Barbara E Patterson Senior Exemption $ 1,490.96 Wendell & Barbara Fosdick Senior Exemption $ 381.01 Kenneth.F Maxwell Senior Exemption $ 828.32 Susan T Casey Senior Exemption $ 1,408.81 Peggy Demiero Senior Exemption $ 2,211.77 Corelogic Tax Service Senior Exemption $ 694.47 Wells Fargo Senior Exemption $ 177.73 Paul K& Donna D Davis Senior Exemption $ 5,289.56 Chester J Rhoades Senior Exemption $ 2,212.04 $ 1,145.49 Paul R Drummond Senior Exemption $ 188.39 Corelogic Tax Service Senior Exemption $ 2,295.52 Corelogic Tax Service Senior Exemption $ 1,401.32 Corelogic Tax Service Senior Exemption $ 1,132.19 Michael D Lundquist Senior Exemption $ 1,313.51 Land Title Company of Mason County Senior Exemption $ 549.78 Nina A Hutchinson & Robin A Leon Senior Exemption $ 616.07 McComb &Wagner, INC Taxes Paid Twice $ 3,631.60 Canara Champion Collin & Grant D Collin !Taxes Paid Twice $ 1,698.78 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lisa Frazier Action Agenda: _X_ Public Hearing: Other: Department: Treasurer Ext: 484 Date: 2/1/2022 Agenda Item # S A3 Commissioner staff to complete) Briefing Date: 1/24/2022 Briefing Presented By: Lisa Frazier, Treasurer [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: 2022 Uncollectible Personal Property Taxes—Affidavit of Mason County Treasurer Background: RCW 84.56.240 — states in par that if the county treasurer is unable for want of goods, or chattels whereupon to levy, to collect by distress or otherwise, the taxes, or any part thereof, which may have been assessed upon the personal property of any person or corporation..........., the treasurer shall file with the county legislative authority, on the first day of February following, a list of such taxes. Budget Impact(s): Impact to the outstanding delinquent property tax collection revenues in the amount of $6,888.31. Recommended Action: Approval to accept the affidavit of the Mason County Treasurer and approve the cancellation of the uncollectible personal property taxes as shown on Exhibit A. Attachment(s): 2022 Uncollectible Personal Property Tax —Affidavit of Mason County Treasurer — Resolution & Exhibit A Resolution No. 2022 Uncollectible Personal Property Taxes Affidavit of Mason County Treasurer Elisabeth (Lisa) Frazier WHEREAS, RCW 84.56.240 states in part that if the county treasurer is unable for the want of goods or chattels whereupon to levy, to collect by distress or otherwise,the taxes, or any part thereof, which may have been assessed upon the personal property of any person or corporation.........,the treasurer shall file with the county legislative authority,on the first day of February following, a list of such taxes. THEREFORE, pursuant to RCW 84.56.240, 1 Elisabeth (Lisa) Frazier, Mason County Treasurer,and or my deputy entrusted with the collection of the taxes have made a diligent search and inquiry for goods and chattels wherewith to make such taxes, and was unable to make or collect the same as shown on attachment"A". NOW THEREFORE,the Mason County Board of County Commissioner's hereby accepts the affidavit of the Mason County Treasurer and hereby approves the cancellation of uncollectible personal property taxes as shown on attachment"A". Dated this day of February, 2022. BOARD OF MASON COUNTY COMMISSIONERS ATT STED TO: Kevin Shutty,Commissioner and Chair Elisa berh (Lisa) Frazier, Mason County Treasurer Sharon Trask,Vice Chair ATTESTED TO: Randy Neatherlin, Commissioner Mckenzie Smith,Clerk of the Board PRO TO FORM: Tim h ief Dep y Prosec orney 1 2022 UNCOLLECTIBLE PERSONAL PROPERTY TAXES AFFIDAVIT OF MASON COUNTY TREASURER ELISABETH (LISA) FRAZIER ATTACHMENT "A" PARCEL# NAME DESCRIPTION YEAR TAXES 10-05903 EAGLE CREEK SALOON Trade- Eating &Drinking(58) 2019 $81.41 2020 $91.01 REASON Uncollectible/Business closed 2020 2021 $89.34 Unable to contact owner after several attempts&account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 through 2021 taxes. $261.76 v"..- 53 ^:� 10-06174 NORTHERN LEASING SYSTEMS INC Services-Business(63) 2021 $12.37 REASON Uncollectible/Business closed 2020 Unable to contact owner&account retired Mason County Treasurer's office has exhausted TM all efforts to collect the 2021 taxes. $12.37 Commercial-Fabricated Metal 10-07125 FRASER METAL WORKS Products(34) 2018 $1,973.12 REASON Uncollectible/Business closed 2017 Business filed Bankruptcy 6/14/17 Mason County Treasurer's office has exhausted all efforts to collect the 2018 taxes. $1,973.12 10-07183 TAQUERIA LUPITAS Trade-Eating& Drinking(58) 2019 $64.80 REASON Uncollectible/Business sold 2018 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $64.80 .� :. x• ,:±i?* a� `��: �.a4 � i- -<t' ..�'�, ;y'.h`bt ° . ,� i s�k+k.�g�,.ti-�� ��'.,. ��C4q c�a�,a h Z,10-07310 ESPRESSO GONE WILD Trade-Eating &Drinking(58) 2019 $18.09 2020 $26.56 REASON Uncollectible/Business torn down/moved 2021 2021 $19.24 Unable to contact owner and all equipment gone Mason County Treasurer's office has exhausted all efforts to collect the 2019 through 2021 taxes. $63.89 'JZ,t 10-07337 OFF THE WALLS GALLERY Trade-Furniture & Equipment(57) 2018 $54.01 2019 $15.50 REASON Uncollectible/Business closed 2019 2020 $15.05 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 through 2020 taxes. $84.56 2019 $152.98 � REASON WnmmUmmtb|m/Bmainmme closed 2010 2020 $128.56 Unable to contact owner afteraevera|attempts&ammuntnetined Mason County Treasurer's office has exhausted all efforts to collect the 2O18 through 202Oto $S 6 .50 10-07460 BATSTONE BUD SHOP ' ) REASON Umcol|modb|e/Bumimemo closed 2O1Q Unable bo contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts bo collect the 202Otaxea� $198'38 77 2019 $194.58 REASON Unoo||mutib|m/Buainmsoo|oaad 2018 2020 $175.05 Unable hu contact owner after several attempts&account retired Mason County Treasurer's office has exhausted all efforts collect through2018 2O2Oto 10'07488 DEANO'8 DOG HOUSE &ESPRESSO LLC Trade-Other(58) 201 / 2020 $120.48 REASON Umco||mut|b|e/0wnerafi|ad Bonkruptoy1O/Q/2O2D 2821 $108.45 Unable ho collect-equipment gone Mason County Treasurers office has exhausted all efforts bu collect the 2O1Q through 2O21t 2020 $88.98 REASON Umco||mot|b|e/Bua|nmso closed 202M 2021 $72.20 Unable bn contact owner after several attempts&account retired Mason County Treasurers office has exhausted all efforts hn collect the 201Q through 2U21t $255.68 77 77 REASON Unoo||mctib|e/Buoineeec|oemd 2017 Unable tn contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts bu collect th taxes. $288.90 REASON Unoo||aot|b|e/Buoineeedmomd 2019 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts hm collect the 2O20taxes. $59.83 NA 10-07657 NORTHWEST GARAGE Services-Professional(65) 2019 $67.49 2020 $62.45 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts&account retired Mason County Treasurers office has exhausted all efforts to collect the 2019&2020 taxes. $129.94 10-07676 CRENSHAW LANDSCAPING, LLC Services-Contract(66) 2019 $69.13 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts &account retired Mason County Treasurers office has exhausted all efforts to collect the 2019 taxes. $69.13 r,021 10-07680 HELP IS ON THE WAY Services-Contract(66) 2019 $20.60 2020 $20.23 REASON Uncollectible/Business closed 2021 2021 $16.65 Unable to contact owner and account retired Mason County Treasurers office has exhausted all efforts to collect the 2019 through 2021 taxes. $57.48 P'S 11,1111-1--1 MTV I I M 10-07701 DAYTON CLOCK REPAIR LLC Services-Repair(64) 2019 $9.14 2020 $8.74 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts&account retired Mason County Treasurers office has exhausted all efforts to collect the 2019&2020 taxes. $17.88 -Aft- 10-07717 V CLEAR VIEW GLASS &DOOR LLC Services-Contract(66) 2019 $36.21 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts&account retired Mason County Treasurers office has exhausted all efforts to collect the 2019 taxes. $36.21 M�14_=T111.0,141 10-07728 DICKEY DOGS LLC Trade-Eating &Drinking(58) 2019 $32.00 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $32.00 1 fir W 7_0 - 10-07736 JORDAN'S FITNESS &NUTRITION Services-Personal(62) --k8.30 2020 $25.80 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts &account retired Mason County Treasurers office has exhausted all efforts to collect the 2019&2020 taxes. $54.10 10-07751 VICE CITY ESPRESSO Trade-Eating & Drinking(58) 2019 $53.45 2020 $47.15 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $100.60 10-07811 SITKA SECURITY LLC Services-Professional(65) 2019 $13.10 �4 2020 $12.85 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019&2020 taxes. $25.95 ` :rs.xu..._. ,a��. # .:•„;3cs ,+,r�'.i, to lt. } xnria�G?,.k. 10-07840 HOOD CANAL CONCRETE LLC Services-Contract(66) 2019 $21.34 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted �i all efforts to collect the 2019 taxes. $21.34 i k t1 x"x..a � '- .� ��� - ..{z.- x. c :.` _- i .y � yc. .�-r�--•-ia- �.,. d.w•srsy. k.."' - ,x ,'?�!8 � £;. .�`.'#+ s I- -.1X _ ;.:T. ,,,,� . f ,q�= 7. ..p.' �.. # 5�., ,1 r„,::�ii. 10-07849 REDNECK FEED LLC Trade-RetaillTrade(52) 2019 $54.75 REASON Uncollectible/Business moved 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $54.75 — a 10-07913 ALL PROPERTY MAINTENANCE Services-Contract(66) 2019 $25.15 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $25.15 P ya F °"��'� +,. -S'L -- x '. - .,-i r �'_'"'c.' j t`°"'.'-.t—Fe ,. "_.3...,�, c�3, •-l' �' iL.t"„X.x3_F=1 `� ;Y.+. _ -.A Y ';� y.`rl'i•k � .7 }t�'� `tea A� :,{�t __ �r.."d - ' � _ 3 .�._:J 10-07939 THE CUT BARBERSHOP Services-Personal(62) �2019 $69.54� 2020 $65.51 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $135.05 10-08002 PAUL KEMP Trade-General Merchandise(53) 2020 $68.68 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $68.68 , _ 1Si..cu`M- �'.ft -'s .: .�'�T.•-,�..- �•,^. r ew_ 10-08013 COUGAR HOUSE GARAGE LLC Services-Repair(64) 2020 $88.63 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $88.63 ar' -'vFti.'�'S-11 _'. y •:Y✓. , 10-08018 ETERNITY INK TATTOO LLC Services-Personal(62) 2019 v$37.73 2020 $38.18 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2019&2020 taxes. $75.91 _ ` 1 .'-' X+.{f'�.y,. 4•'�f ..,,W;:r s '. it ` m.ems^ ,a w�iH' _ '�`, _� 10-08035 VISIT SERVICES OF WASHINGTON LLC Services-Personal(62) 2020 $15.16 2021 $12.29 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts&account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $27.45 10-08073 RECYCLED TREASURE LLC Trade-Furniture&Equipment(57) 2020 $10.38 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $10.38 { 10-08089 HOSKINS, AMBER RENEE Services-Personal(62)4 2020 $37.90 2021 $30.73 REASON Uncollectible/Business moved 2020 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020&2021 taxes. $68.63 10-08090 BURBRIDGE, KASEY LEEANN Services-Personal(62) 2020 $37.90 2021 $30.73 REASON Uncollectible/Business moved 2020 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020&2021 taxes. $68.63 10-08097 KING LOGGING LLC Services-Contract(66) 2021 $27.13 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2021 taxes. $27.13 F. - 10-08127 SPEER, CONNIE CHEYENNE Services-Personal(62) 2020 $37.90 2021 $30.73 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020&2021 taxes. $68.63 10-08131 CATERED 2U LLC Services-Professional(65) 2020 $41.90 REASON Un collect!ble/Business closed 2019 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $41.90 4 _. � �..et»F`+tk� '^'.v. ,L�"t��, .i _ ,'r. 10-08157 AGUIRRE GASPAR, DOMINGA Trade-Eating & Drinking(58) 2020 $50.15 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $50.15 -na9^" k `v - 10-08170 MIGUEL LANDSCAPING LLC Services-Contract(66) 2020 $34.89 2021 $24.34 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts&account retired Mason County Treasurer's office has exhausted g�r--mYall efforts to collect the 2020 &2021 taxes. {,y $59.23 ^] Q ..�.'"+'t4£��•.•'1*"g . �J.l�i:�/.�}y.4`�"Fa5 4�� .1PNpuE'e��'4�T d ��`�-'k'3.'y 'S f.?%T@ T' `3" �^� d' Yh'J``.*..t a7 10-08187 SKILLED MARINE ADVISING LLC Services-Business(63) 2021 $4.34 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2021 taxes. $4.34 10-08202 PERFORMANCE PAINTING &COATING LLC Services-Contract(66) 2020 $34.40 2021 $23.63 REASON Uncollectible/Business closed 2021 Unable to contact owner after several attempts/no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020&2021 taxes. $58.03 10-08222 AMERICAN BOOSTER INC Trade-General Merchandise(53) 2020 $10.81 2021 $9.29 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020&2021 taxes. $20.10 F, '-k.` " f �. H .>.s' ,,.` e"Fc4 ._s..-.: "...`s. r3 + fit' •'``n ,.,1' a-.. Z i3' ,,,lry -": „.r Y s X -'�i^ 10-08226 EDR EMPLOYMENT RESOURCES LLC Services-Professional(65) 2020 $11.40 2021 $10.00 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts &account retired Mason County Treasurer's office has exhausted ,e all efforts to collect the 2020 &2021 taxes. $21.40 30-06441 CLEAR RECON CORP Mobile Home 2018 $187.14 2019 $168.12 REASON Uncollectible/Mobile Removed from Property 2019 2020 $186.87 Unable to contact owner and Mobile home no longer on property Mason County Treasurer's office has exhausted all efforts to collect the 2018 through 2020 taxes. $542.13 �:. `'. Total Cancellation $6,888.31 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda x Public Hearing Other DEPARTMENT: Community Services, EH EXT: 279 DATE: 2/1/222 Agenda Item # .1 Commissioner staff to complete) BRIEFING DATE: 1/24/2022 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Jones Cove Closure Response Plan Background: On June 291h, 2021 Mason County received notice of a reclassification to the Pickering Passage Commercial Shellfish Growing Area, near Jones Cove, from the Washington State Department of Health. This was a 7-acre expansion of an existing "prohibited" area due to a failing station (67) near the previous border. In accordance with RCW 90.72.045, staff has drafted a Closure Response Plan (CRP) for Jones Cove. Budget Impacts: Implementation of the CRP has been ongoing with funding provided by the South Sound Shellfish Recovery Near Term Action project. Implementation will be ongoing as various funding resources are received. RECOMMENDED ACTION: Approval of the Jones Cove Closure Response Plan Attachment(s): Jones Cove Closure Response Plan MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Jones Cove Closure Response Plan September 17, 2021 A committee of citizens, business and government is launching a plan to: • Reduce water pollution • Meet state and federal water quality standards • Ensure that water quality standards are maintained Prepared by Casey Vaughn Environmental Health Specialist Mason County Public Health (360) 427-9670 ext. 547 1 Table of Contents Definitions of Acronyms Page 3 A. Purpose of the Jones Cove Closure Response Plan Page 4 B. Background information and history Page 5 C. Strategy for water quality improvement Page 7 Appendix A: Task Matrix Page 13 Appendix B: Non-point pollution guidance chart Page 16 Appendix C: Rating classification for on-site septic systems Page 17 z Definitions of Acronyms CFU- Colony Forming Units CWD- Clean Water District DOH- Washington State Department of Health ECY- Washington State Department of Ecology MC- Mason County MCD- Mason Conservation District MCPH- Mason County Public Health NEP- National Estuaries Program NSSP- National Shellfish Sanitation Program OSS- Onsite Septic System Septic O & M- Septic system operation and maintenance SPD- Shellfish Protection District SIT- Squaxin Island Tribe 3 A. Purpose of the Jones Cove Closure Response Plan Background In June 2021 the Washington State Department of Health Downgraded seven acres in Pickering Passage from Approved to Prohibited. This classification change is in response to Marine Station 67 in Jones Cove failing the National Shellfish Sanitation Program (NSSP) water quality standards for approved classification. A Shellfish Protection District program is required to be put in place after a growing area classification is downgraded. RCW 90.72.045 -The county legislative authority shall create a shellfish protection district and establish a shellfish protection program to address causes of pollution within one hundred eighty days after the department of health, because of water quality degradation due to ongoing nonpoint sources of pollution, has, after June 11, 1992, closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county In May 2021 Mason County passed Ordinance No. 2021-023 amending the Title 6 Sanitary Code, adding chapter 6.88 which establishes the Mason County Clean Water District, a county wide Shellfish Protection District which encompasses the Jones Cove drainage (see Figure 1). Mason County Public Health developed this Closure Response Plan, in cooperation with stakeholders affected by the Jones Cove downgrade, to provide leadership, planning and foster collaborations in improving the water quality of Pickering Passage Who is involved? • The citizens of Mason County • Mason County Shellfish Growers • Squaxin Island Tribe • Washington State Department of Health • Washington State Department of Ecology • Mason Conservation District • Washington State University-Mason County Extension • Washington Sea Grant Program, University of Washington • Mason County Public Health 4 B. Background information and history Description of the Jones Cove watershed Jones Cove is a small, shallow inlet in the west central portion of Pickering Passage, west of Geist Point, that is approximately 9.5 acres in size. Pickering Passage is located in the South Puget Sound region and extends from Case Inlet in the North to Peale Passage, Squaxin Passage and Hammersley Inlet at the southern end, running mostly parallel to Harstine Island. This waterway has a swift current at maximum flood and ebb, flushing the passage rapidly. Pickering Passage ranges from the shallow intertidal waterways along Squaxin Island to depths of ninety feet in the northern end. Jones Cove is used privately and commercially for harvest of shellfish. The parcels surrounding Jones Cove are mostly residential and each parcel is served by an individual OSS. The drainfields for most OSS's on Geist Point are located on a community parcel. Jones Creek remains the only named perennial creek in the watershed, but there are at least five additional small, unnamed, fresh water sources that flow into Jones Cove. The upper reaches of Jones Creek are mostly undeveloped, consisting of forested areas and wetlands with three unnamed tributaries that converge to form Jones Creek. There is a 26 acre farm located near the confluence of Jones Creek and its tributaries, approximately % mile upstream from the creek mouth. The drainages of Jones Creek and its tributaries have been used to define the parcel boundaries for this response plan. See Figure 2. 5 History of Shellfish Harvesting and Water Quality in Jones Cove 1996— Earliest known classification for Jones Cove- Prohibited. 2007— Jones Cove continues to have elevated levels of Fecal Coliform pollution; remains in Prohibited status. 2013— Eight acres reclassified from Prohibited to Approved. 2016— Fecal Coliform levels at station 67 (Jones Cove) begin to rise. 2020— Station 67 fails to meet the NSSP approved standard. 2021 —Approximately seven acres in the northern portion of Jones Cove are reclassified from Approved to Prohibited. Station 67 has a 901h percentile of 104.8 CFU/100mL and a geomean of 8.3 CFU/100mL*. *The standard for approved shellfish growing waters is fecal coliform geometric mean not greater than 14 organisms/ 100 mL with an estimated 90th percentile not greater than 43 organisms/ 100 mL. Growing Area Reclassification Station 67, located in Jones Cove, continually failed the NSSP standards for fecal coliform bacteria pollution, resulting in seven acres being reclassified from Approved to Prohibited. See Figure 3. The Washington State Department of Health analyzed environmental factors (rainfall, salinity, and seasonality of FC levels) that could impact station 67 in Jones Cove. DOH results showed that excluding data collected within five days of rainfall over inches in 24 hours lowered the 90th percentile (58.3 FC/100mL). With this exclusion, station 67 still does not meet NSSP standards for approved shellfish harvest. Additionally, salinity and seasonality did not seem to significantly affect fecal coliform levels. Jones Cove has been reclassified as Prohibited rather than Conditionally Approved due to pollution sources not being fully understood. 6 C. Strategy for water quality improvement Goal: To take immediate steps to: Reduce water pollution Meet state and federal marine water quality standards for commercial shellfish harvest Ensure that marine water quality standards are maintained Main Objectives: 1. Plan and coordinate Closure Response Plan development and implementation. 2. Monitor marine and freshwater quality. 3. Review and manage non-point pollution sources, see Appendix B. 4. Control OSS pollution sources, see Appendix C. 5. Control agricultural pollution sources through referral to MCD and education. 6. Educate community members. See Appendix A for a complete list of objectives and tasks within. Figure 1. Mason County Clean Water District Boundary Mason County ('lean Water District Attachment f1 ' Jr. -): Hood Canal _,.-''may~��✓�Y'~--�' _ � ,r ly Case Inlet oawand say Jones Cave 1`4r ..5l� ',.. it I` •�r�� :7�'� .,~{1� �,.�.'� .a' .^ � ' - ' � TottenLitt . tIl fw Ooku 8 Figure 2. Parcels Within Jones Cove Drainage MUdw— e • }-ww Q3 �t e" +r Le e11C1 �J t Wetlands _ a CRP Parcels n 0 0 375 0 75 1 "Ides Figure 3. Jones Cove Closure Area with GPS boundaries /1/10�1 Legend • Water Quality Statrons Clasaiflcation -Approved J ®CoMitional - Prohibited ReMW*d jt u Unda"Ifed 47 7677,-127.9793 47.2672,•122.9275 47.2670,-122.9273 41.2b63,-122.9275 47,2663,-122.92/8 71 10 Figure 4. Rolling 901h Percentiles for Station 67 (2016-2020) 120 115 Station 67 (Jones Cove): 110 Fecal Coliform Rolling Estimated 90th Percentile 105 100 Station" 95 90 —Station 67 85 80 75 E c 70 .ti i 65 E 60 `o 55 0 50 45 -------------------------------------------------------------------------------------- ------------ 40 Failing(43 FC/100mL) 35 30 ---------------------------------------------------------------- -------------Threatened(30 FC/1OOrnQ 25 20 15 10 5 Year-round and unsorted data 0 2013 2014 2015 2016 2017 2018 2019 2020 11 Table 1. Station 67 Sample Data DATE TIME TIDE SWTEMP SALINITY FECAL COLIFORM 1/7/2016 12:27 Flood 8 19 4.5 3/3/2016 11:55 Flood 9 17 13 5/10/2016 9:59 Ebb 13 27 4.5 7/26/2016 11:51 Flood 16 30 2 9/8/2016 12:01 Flood 15 26 1.7 11/8/2016 12:16 Flood 12 9 4 2/2/2017 13:13 Ebb 3 11 1.7 4/5/2017 12:52 Flood 9 9 33 6/13/2017 10:47 Ebb 12 27 17 8/24/2017 10:35 Ebb 16 27 79 10/24/2017 11:12 Ebb 11 25 1.7 12/6/2017 11:08 Ebb 7 28 2 1/24/2018 11:31 Ebb 7 22 11 3/20/2018 11:20 Ebb 7 24 2 5/9/2018 12:02 Flood 10 28 1.7 7/31/2018 10:53 Ebb 16 26 4.5 9/12/2018 10:29 Ebb 15 28 130 11/27/2018 11:46 Ebb 9 13 79 2/14/2019 11:19 Flood 5 15 17 3/26/2019 10:54 Ebb 9 25 1.8 6/10/2019 11:16 Flood 16 28 1.8 8/5/2019 10:57 Ebb 18 28 7.8 10/30/2019 9:25 Ebb 12 29 11 12/16/2019 9:50 Ebb 9 23 1.7 1/23/2020 10:44 Ebb 9 13 920 3/12/2020 9:41 Ebb 9 20 1.7 5/7/2020 18:07 Flood 16 24 2 7/15/2020 14:53 Flood 22 25 6.8 9/8/2020 12:04 Ebb 16 24 920 11/16/2020 11:35 Ebb 11 15 350 2/4/2021 10:49 Ebb 9 21 1.7 4/21/2021 12:33 Flood 13 271 1.7 6/1/2021 11:36 Ebb 1 161 231 1.7 12 Appendix A: Jones Cove Closure Response Plan Task Matrix Objective&Task I Lead group/agency I Funding Source I Deliverable Status Timeline/Due Date Comments/Challenges/Resources Needed Objective 1:Plan and coordinate Closure Response Plan development and implementation Task 1:Create a Shellfish Protection District MCPH FPHS County resolution Completed January 302h,2022 MC CWD,May,2021,Ord.21-23 South Sound Task 2:Identify accountable agencies MCPH NEP/FPHS List of agencies In review January 30th,2022 South Sound Task 3:Identify the boundaries and create map of CRP MCPH NEP/FPHS Map of boundary In review January 302h,2022 South Sound Task 4:Create draft Closure Response Plan MCPH NEP/FPHS Draft working plan In review January 302h,2022 South Sound NEP/FPHS/ Task 5:Annual Reporting to DOH MCPH CWD Fund Annual Report Ongoing Annually Comments/Challenges/Resources Objective&Task Lead group/agency Funding Source Deliverable Status Timeline/Due Date Needed Objective 2:Monitor Marine and Fresh Water Quality DOH Program Task 1:Marine water quality monitoring DOH Funds Data Set Ongoing Ongoing Task 2:Stream water quality monitoring MCPH,SIT TBD Data Set In planning TBD Funding needed Task 3:Shoreline water quality monitoring MCPH,DOH TBD Data Set In planning TBD Number of sanitary surveys,dye tests, OSS failures,OSS repairs,enforcement Task 4:Hotspot investigation via PIC process MCPH TBD cases In planning TBD Funding needed Task 5:Water quality data management MCPH TBD Data Set Completed Ongoing I Kitsap Water Quality Database 13 Objective&Task Lead group/agency Funding Source Deliverable Status Timeline/Due Date Comments/Challenges/Resources Needed Objective 3:Control OSS Pollution Sources Task 1:Inventory location and risk level of OSS. MCPH South Sound NEP Risk Assessment In planning TBD List Task 2:Sanitary/parcel surveys MCPH South Sound NEP Number of Surveys In planning TBD and final rating Task 3:Overdue 0&M notification MCPH South Sound NEP Number of letters In planning TBD sent and response Task 4:Dye Test OSS of concern MCPH South Sound NEP Number of Dye In planning TBD tests and outcome Task 5:Follow up on unsatisfactory O&M MCPH OSS Management Number of reports In planning TBD reports Plan Funding followed up on and results Task 6:0&M incentives and Craft3 referrals MCPH OSS Management Number of rebates In planning TBD Plan Funding used.Number of Referrals and response Objective&Task Lead group/agency Funding Source I Deliverable Status Timeline/Due Date Comments/Challenges/Resources Needed Objective 4:Control Agricultural Pollution Sources Task 1:Refer farms in need of technical MCPH South Sound NEP Number of Referrals and In planning Ongoing assistance to MCD response Task 2:Provide technical assistance to farms MCD MCD NEP Funds Farm plans,conservation In planning Ongoing plans,and BMPs. Task 3:Identify risk location and risk level of MCPH South Sound NEP Number of farms and risk In planning Ongoing farms assessment table/map Task 4:Enforcement actions of water quality MCPH/ECY South Sound Compliance with BMP's In planning Ongoing violations NEP/ECY funds and WQ standards Task 5:Create agricultural BMP brochure MCPH/MCD MCD NEP/South Handout for BMP for In planning Ongoing relating to water quality Sound NEP/FPHS water quality issues 14 Objective&Task I Lead group/agency I Funding Source Deliverable Status Timeline/Due Date I Comments/Challenges/Resources Needed Objective 5:Education and Outreach Task 1:Wildlife inventory MCPH South Sound NEP Inventory of wildlife(number and In planning Ongoing species) Task 2:Drainage workshop MCPH South Sound NEP Date,location,attendance sheet In planning Ongoing Covid-19 protocols and gatherings Task 3:Community outreach event MCPH South Sound NEP Date,location,number of people In planning Ongoing Detailed spreadsheet for data recording reached 15 Appendix B: GUIDANCE FOR WATER QUALITY COMPLIANCE IN MASON COUNTY, WA • DRAFT 4/1/14 • FINAL 5/20/14 • REVISED 4/25/17 SEND INITIAL UNABLE TO VERIFY COMPLIANCE PROCESS STOPS CONTACT LETTER PROBLEM REQUESTING ACCESS FOR SITE VISIT.CHECK WITH INCOMPLIANCE VISIBLE NOTICE& DEVELOP TIMELINE&MAKE REPAIR NO ACCESS SURROUNDING FAILURE ORDER COMPLIES (MAY TAKE SEVERAL MONTHS) PROPERTY OWNERS FOR DYE 1.SEPTIC SYSTEMS REFERRAL PERMISSION TO (+) NONCOMPLIANT POSTED FOR NONOCCUPANCY WATER AGENCY ACCESS THEIR QUALITY VISITS SITE PROPERTY. SEPTIC SAMPLE, TO INSPECT ISSUES SANITARY SURVEY& USE CHART AND/OR POSSIBLE DVE TEST COMPLIANCE PROCESS SITE VISITS, BELOW TO NO ISSUE OR NO DYE STOPS OR CITIZEN DETERMINE 0 SAMPLE NOT IN COMPLAINT WHICH FOR COMPLIANCE MAY AGENCYTO POSSIBLE INITIAL NOTICE& HEARINGS INDICATE REFER POLLUTION CONTACT ORDER NONCOMPLIANT EXAMINER 2.PET WASTE LETTER& NONCOMPLIANT WATER EDUCATION POLLUTION IN COMPLIANCE MATERIALS COMPLIES COMPLIANCE PROCESS STOPS EDUCATION 3.WILDLIFE COMPLIANCE PROCESS STOPS SOURCE IN ROW CHECK WITH MCD OR WSDOT 4.STORMWATER SOURCE IN ROW SOURCE NOT IN ROW REFER TO UNKNOWN/MULTIPLE SOURCES BOX MCPH REFERS POLLUTION ISSUSE REFERRAL AGENCY REGULATION S.SEWER CHECK WITH COS OR MCU.REFER TO ECOLOGY IF PRIVATE SEWER TO ECOLOGY 1.SEPTIC SYSTEM/ MCPH WAC 246-271/ RV HOLDING TANK MASON COUNTY TITLE 6.76 ANIMALS 10 MCPH SEND INITIAL NONCOMPLIANT 2.PET WASTE MCPH MASON COUNTY TITLE 6.72.30 WITH WATER CONTACT LETTER TEMPORARY CORRECTIVE ACCESS REFERRING TO CD ACTION&FARM 3.WILDLIFE/ NONE NONE 6.LIVESTOCK COMPLIANT MANAGEMENT PLAN URBAN WILDLIFE ANIMALS SAMPLE TO 4.STORMWATER MCPW RCW 90.48.080 WITHOUT DETERMINE IF UNABLE TO VERIFY POLLUTION ol COMPLIANCE CITY OF SHELTON/ WATER POLLUTION COMES POLLUTION 5.SEWER MC UTILITIES/ MASON COUNTY TITLE 13.04 PROCESS STOPS FOR ALLYN&BELFAIR ACCESS OFF PROPERTY ABLE TO VERIFY ECOLOGY 6.LIVESTOCK WASTE MCD/MCPH RCW 90.48.080 7,UNKNOWN OR MULTIP LE EXTENSIVE WQ SAMPLING. REFER TO CORRECT AGENCY POSSIBLE SOURCES MAY TAKE MONTHS. WHEN SOURCE(S)DETERMINED 16 Appendix C: MCPH Rating Classification for OSS.Sanitary Surveys Rating Criteria for Meeting Classification Action No Apparen- • Completed/sigrec.S'%;'G Permit on file at MCPH;or provided by None Frob em owner at time of inspection and entered into record • No illegal repairs or alternative performed on OSS • All appFcable setbacks and conditions it effect at the time of erm tting are in place No Records • No completed/signed SWGQ permit or As-Built on file at local None health jurisdiction;or provided by owner/occupant. No Concern,Suspect or Failure conditions were observed Complete as-built if possib,e Concern Concerns include bu,are not limited to: For unpermitted alterations, • System with no records and drainfield less than 100 feet from expansions, repairs,connections surface water or wells or new construction,consult on- e Improper use of designed reserve area ste department regarding • Vehicular traffic and/or pavement on OSS components enforcement options. • Roof drains or other drainage/infiltration systems potentially impacting the OSS Note property records • Unpermitted expansion or modification of existing structure(s)or addition of new structures or RVs that impacts the OSS • Unpermitted work conducted on OSS • Excavation or excess fill within the OSS area;or a cut down slope of the OSS that has the potential to impact the performance Suspect a Drainfield area is saturated Mail suspect letter • Collected vva:er sample(s)from property at or above 500 FC/100 mL and a positive non visual dVe test confirmed by Ozark Follow up with wet season dye Underground Laboratory test • Collected water sample(s)from property,less than 500 FC/100 ml and positive visual dye test by IACPH Note property records Failure • Se,,vage on the surface of the ground Enforcement • Sewage d szha,ged directlyto SW or upon the surface of the ground(unless the discharge is under permit from Ecology) Note property records • Sewage backing up into,or not draining out of a structure caused by sloe;soil adsorption of septic tank effluent Notify WDOH Shellfish Program • Sewage leaking from a septic tank,pump tank,holding tank,or if failure discharges to shellfish collection system beds—commercial or • Any component of an onsite sewage system or public sewer recreational connection found to be broken,in disrepair,or not furctioning as intended • Inadequately treated sewage effluent contaminating ground or surface water • Collected water samples from property,at or above 500 FC/100 mL and positive visual dye test by MCPH • Cesspools or seepage pits where evidence of ground water or where surface water quality is degraded,or inadequately treated effluent contaminating ground or surface water • Non-compliance with OSS standards stipulated at the time of the permit approval,or with building standards stipulated at the time of constructed/modified • Straight discharge(greyv:ater or blackwater)from any indoor lumbin , including RVs is observed and documented 17 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda x Public Hearing Other DEPARTMENT: Community Services, EH EXT: 279 DATE: 2/1/222 Agenda Item #j. Commissioner staff to complete) BRIEFING DATE: 1/24/2022 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Annas Bay Closure Response Plan Background: On June 29th, 2021 Mason County received notice of a reclassification to the Annas Bay Commercial Shellfish Growing Area from the Washington State Department of Health. In accordance with RCW 90.72.045, staff has drafted an addendum to the existing and active Closure Response Plan for Annas Bay (previously approved by BOCC in 2018). BudgetImpacts: Implementation of the CRP is ongoing with funding provided by the Hood Canal Coordinating Council. RECOMMENDED ACTION: Approval of the updated Annas Bay Closure Response Plan Attachment(s): Annas Bay Closure Response Plan with addendum (see page 19) MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Annas Bay Shellfish Protection District Closure Response Plan Completed August 2018 Revised November 2018 Revised September 2021 A committee of citizens, businesses and governments is launching a plan to: • Protect public health • Reduce water pollution • Meet state and federal water quality standards • Ensure that water quality standards are maintained Prepared by Katie Otanez Amended by Ian Tracy Mason County Public Health This document is also available online at: http://www.co.mason.wa.us/health/environmental/water-quality/hood-canal-projects-grants.php Ja�0D Sr ?,F Vr Q yUJ Washington State Department of HCCC c ,�`02 �•r yl� P R OT'�� Health � This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement PC-01J18001 through the Washington State Department of Health. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency or the Washington State Department of Health, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. This project has been developed with assistance from the Hood Canal Coordinating Council's Hood Canal Regional Pollution Identification and Correction Program. Table of Contents Definitions of Acronyms ....................................................................... Page 2 A. Purpose of the Annas Bay Shellfish Protection District ................................ Page 3 B. Background Information and History ..................................................... Page 5 C. Strategy for Water Quality Improvement ................................................. Page 14 References ....................................................................................... Page 15 Appendix A: Work Plan Matrix ............................................................... Page 16 Appendix B: Additional Resources ........................................................... Page 17 Addendum: 2021 Reclassification Within Existing Downgrade Area .................. Page 19 Annas Bay Shel yish Protection District—Closure Response Plan Page 1 List of Acronyms DOH Washington State Department of Health FC Fecal coliform FDA Food and Drug Administration ECY Washington State Department of Ecology HCCC Hood Canal Coordinating Council HCRPIC Hood Canal Regional Pollution Identification and Correction Program LOSS Large On-Site Septic System MCD Mason Conservation District MCPH Mason County Public Health NSSP National Shellfish Sanitation Program OSS On-site Septic System RCW Revised Code of Washington O&M Operation& Maintenance SPD Shellfish Protection District TMDL Total Maximum Daily USGS United States Geologic Survey Annas Bay Shelffish Protection District—Closure Response Plan Page 2 A. Purpose of the Annas Bay Shellfish Protection District Introduction In September 2017 the Washington State Department of Health(DOH) changed the classification of approximately 1,220 acres of the Annas Bay Commercial Shellfish Growing Area from Approved to Conditionally Approved(Figure 1). This classification change is in response to Marine Station 314 failing the National Shellfish Sanitation Program (NSSP)water quality standards for Approved classification in the 2016 Annual Report. An increased frequency of flooding of the Skokomish River and the predictable pollution conditions associated with flooding of the Skokomish Valley contributed to the classification change. This new Conditionally Approved area of Annas Bay was previously and routinely closed using emergency guidance due to flooding of the Skokomish River. The new Conditionally Approved Area will maintain the same conditions as the emergency closures of the past. The Conditionally Approved area of Annas Bay will be closed to shellfish harvest when the Skokomish River exceeds 15 feet at USGS Station 12061500 ("Skokomish River near Potlatch'). Closures due to flooding will last one week after the river drops below 15 feet(Swanson,2017). When a commercial shellfish area's classification is downgraded due to poor water quality,the local county authority must create a Shellfish Protection District(SPD)and implement a response program.An SPD is a designated region wherein nonpoint pollution threatens the water quality upon which the contamination or restoration of shellfish farming is dependent(RCW 90.72, 2008). RCW 90.72.045—The County legislative authority shall create a Shellfish Protection District and establish a shellfish protection program to address causes of pollution within one hundred eighty days after the department of health,because of water quality degradation due to ongoing nonpoint sources of pollution,has, after June 11, 1992, closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county. Mason County Public Health(MCPH)has developed this SPD Response Plan in cooperation with stakeholder groups affected by the Annas Bay downgrade. Work completed is being funded by HCCC's HCRPIC program and MCPH will not be requesting County funds in way of a fee or tax. This document serves as the strategy to address the classification change of commercial shellfish growing areas. This strategy complements other water quality work that is being done in the area. MCPH will be working within HCRPIC structure and collaborate with partners including Skokomish Tribe, DOH and ECY. The HCCC is closely coordinating work being done in Hood Canal. Annas Bay Shelfsh Protection District—Closure Response Plan Page 3 Who is involved? • Citizens of Mason County within the Shellfish Protection District • Hood Canal Coordinating Council • Mason Conservation District • Mason County Public Health • Mason County Shellfish Growers • Skokomish Tribe • Washington State Department of Ecology • Washington State Department of Health p � ro1�r C y ' 7Dt � rtrs 9F ct' ®2-I63 F O FNa qr O 0205 Bf ti'O � I i TL, 203 C9 y 0 ti �L• y -- •202 ---- - '� 196 i ■ 195 300 ■ �_. 225 ant ANN S BAYw. ',�ri,i�y■ 199 U. ; •UId00. -f ■ 197 ■ 206 ■ { •f_ / r 1. 196 291 _T ■•■200 ■299 k: 7 314�JN l .- I/ ' ti e i `o legend 'i-Z5 366 ' F` a / ■mme Ma n1Classification E Ilya ♦ S_-:�`—'-� t �` l�3. � raal Shellfish l I o a:s a s u S E R_Y_,h--T -I It N e�I Figure 1.New Annas Bay Conditionally Approved area with marine sampling stations.See addendum,page 18 for current harvest area classification. Annas Bay Shel f sh Protection District—Closure Response Plan Page 4 B. Background Information and History Description of the Annas Bay Study Area Annas Bay is located in the"Great Bend"of Hood Canal along the shoreline area between Potlatch and Union. The Skokomish Indian Reservation occupies most of the nearshore upland area. The Skokomish River discharges a significant amount of freshwater along the eastern shoreline of the growing area and has developed a significant delta that makes up approximately half of the growing area(White,2012). Major sub-basins of the Skokomish River include the North Fork Skokomish River, South Fork Skokomish River and Vance Creek. The lower Skokomish Valley has several streams contributing to the drainage,the largest being Purdy Creek, Weaver Creek and Hunter Creek. The Skokomish Valley primarily has single family homes and significant agricultural practices for the area, mostly in the form of cattle grazing. The Skokomish River frequently floods the agricultural land and inundates affected septic tanks in the flood zone. The 2012 DOH shoreline survey concluded that based on Ecology's 2001 TMDL study and DOH's observations,the Skokomish River is the most significant contributor to FC bacteria to the commercial growing area(White, 2012).Numerous studies have been conducted in the valley and Skokomish River watershed to address the flooding issues.For our current strategy we will be looking at septic systems, agriculture,pet waste and wildlife as potential sources of contamination. The current SPD boundaries have been expanded from the 2006 SPD boundaries. The updated Annas Bay SPD encompasses the Conditionally Approved area and has expanded to include the Skokomish Valley,Potlatch and the Skokomish Sewer District. Specifically,the SPD extends west to 47.374443°N, 123.150412°W past the Skokomish Sewer District, along Union Ridge to 47.270750°N, 123.153089°W and the up Skokomish Valley to 47.331390'N, 123.322897°W (Figure 2). Classification Changes The Skokomish River frequently floods agricultural land and private residences in the lower valley and delta. By the late 1990s,DOH established an emergency closure condition designating portions of Annas Bay and Hood Canal 6 growing areas to be closed when the Skokomish River exceeds 15 ft at USGS Station 12061500. Annas Bay experienced a downgrade in 2005 which reclassified 300 acres of growing area from Approved to Prohibited. The first Annas Bay SPD was created in 2006 and the Response Plan was implemented from 2006-2008. Work that was completed during the 2006 SPD included extensive shoreline monitoring,education and outreach events, sanitary surveys and correcting identified failing septic systems (Book,2008). From the work completed by MCPH and partners the downgrade area was upgraded to an Approved status in 2009 (Schultz, 2012). The emergency closure conditions previously established were in place during the 2006 SPD work and remained after the downgraded area was reclassified. Annas Bay Shel ash Protection District—Closure Response Plan Page 5 Emergency closures are triggered by specific conditions that are expected to occur infrequently (1-2 times a year). The Skokomish River has been experiencing these conditions more than 1-2 times a year which suggests the emergency closure program isn't appropriate for the growing area. DOH reserved to leave the emergency closure conditions in place until a trend of decreased marine water quality was observed. Once Station 314 failed to meet standards, DOH reclassified 1,220 acres to Conditionally Approved with the same condition as the emergency closures. Since the current condition is the same as the previous emergency closure condition the growing area only maintains the current Conditionally Approved classification. Annas Bay Shellfish Protection District Mason County, WA i t t CIS,, N r 1 0 075 1 5 3 Miles EsfL HERE.Oelorme.Ma tylncw.T CfenStreetl.tap ccntrlb.tors.and tneGIS is er comrnunty y Boundaries 2017 Annas Bay SPD Boundary I Annas Bay A-Approved Annas Bay B-Conditionally Approved p Annas Bay D-Unclassified d Union Marina-Conditionally Approved Skokomish Indian Reservation Figure 2. Updated boundary for the 2017 SPD to include the Skokomish Valley and Potlatch. Annas Bay Shel ash Protection District—Closure Response Plan Page 6 Water Quality Monitoring DOH evaluates,classifies, and monitors commercial shellfish growing areas to meet NSSP standards for commercial shellfish harvest. The Annas Bay Growing Area has 11 active shellfish companies managing and harvesting shellfish(clams and oysters). Annas Bay is regularly monitored throughout the year to allow seasonal conditions to be examined.All marine stations must be sampled at least six times per year during open status,however Annas Bay is typically sampled 12 times per year to allow a more comprehensive evaluation of water quality. Marine station 314 failed to meet standards in 2015 and 2017.All Annas Bay marine sample stations have met standards in 2018 (Figure 3 and Table 5). Station 314 was added to the regular sampling schedule in 2012 when shoreline property owners near that station wanted to lease their tide land for commercial shellfish harvest. Once the marine water station had the required 30 sample set,DOH was able to classify the portion of the growing area near Station 314 and allow commercial shellfish harvest. bo ! Fecal Coliform Rolling Estimated 90th Percentiles 55 Annas Bay* 50 '. 45 Failing(43 FC/100nnL) 40 E S 35 30 Threatent:11L30W100MILIA 25 S 20 15 10 Station 197 5 —198 'Includes data collected —206 0 during all condltions —314 1011 1011 1013 101A 1015 1016 1011 1010 1019 Figure 3. Rolling estimated 90''percentiles for marine stations 197, 198,206 and 314 through May 2018 (DOH). Annas Bay Sheltflsh Protection District—Closure Response Plan Page 7 Table 1. Summary of Marine Water Data Growing Area: Annas Bay Sampling Event Type: Regulatory Maximum Number of Samples: 30 Station Classification Date Range Range GeoMean E90th Meets Number (FC/100 mL) (FC/100 mL) (FC/100 mL) Standard Approved 11/4/2015 -5/21/2018 1.7 -49.0 2.5 6.9 Y 202 Approved 11/4/2015 -5/21/2018 1.7-33.0 2.8 8.8 Y 203 Approved 11/4/2015 -5/21/2018 1.7 -33.0 3.1 8.9 Y 204 Approved 11/4/2015-5/21/2018 1.7 - 13.0 2.3 4.9 Y Approved 2/10/2015 -8/16/2017 1.7 -46.0 2.2 5.2 Y 195 Conditionally 11/4/2015-5/21/2018 1.7 -49.0 4.4 13.9 Y Approved 196 Conditionally 11/4/2015-5/21/2018 1.7-31.0 3.8 13.1 Y Approved 197 Conditionally 11/4/2015-5/21/2018 1.7 -79.0 5.7 29.5 Y Approved 198 Conditionally 11/4/2015-5/21/2018 1.7-49.0 6.5 24.4 Y Approved 199 Conditionally 11/4/2015-5/21/2018 1.7- 110.0 3.5 14.4 Y Approved 200 Conditionally 11/4/2015 -5/21/2018 1.7-26.0 3.4 11.4 Y Approved 206 Conditionally 11/4/2015 -5/21/2018 1.7- 130.0 5.0 26.4 Y Approved 299 Conditionally 11/4/2015 -5/21/2018 1.7-33.0 4.7 17.6 Y Approved 300 Conditionally 11/4/2015 -5/21/2018 1.7-49.0 4.7 20.4 Y Approved 314 Conditionally 11/4/2015 -5/21/2018 1.7- 140.0 8.1 37.2 Y Approved The standard for approved shellfish growing waters is fecal coliform geometric mean not greater than 14 organisms/ 100 mL with an estimated 90th percentile not greater than 43 organisms/ 100 mL.The above table shows bacteriological results in relation to program standards. Growth and Development MCPH will be addressing septic systems, agriculture, wildlife, and stormwater as potential sources of contamination. MCPH works with MCD to address agricultural concerns. If MCPH identifies a farm or any agricultural activities that could use technical assistance to decrease the bacterial runoff from their land we refer the landowners to MCD to develop a Farm Plan or Conservation Plan. MCD has been working with farms and farmers in the area before the downgrade occurred. High winter water fowl population are observed in the growing area each Annas Bay Shellfish Protection District-Closure Response Plan Page 8 year. Wildlife issues are approached with homeowner education about avoiding attracting and feeding wildlife and wildlife's connection to water quality and commercial shellfish harvest. Since agriculture issues are referred to MCD and wildlife issues are educated on and referred to WDFW in the rare enforcement case,MCPH will be focusing their work on on-site septic systems and the stormwater in places that affect the drainage area. MCPH will work collaboratively with stakeholders, agencies and residents to identify OSS that are at risk, verify the system is functioning as designed and mitigate risk as possible. Annas Bay SPD has 1,916 individual parcels. There are 737 parcels designated for residential use which could be single family homes,multi units,condos,mobile home parks, and vacation homes and cabins(Table 2). According to an O&M database report,there are 713 parcels that have an existing OSS. There is a biosolids recycling facility within the district that services Mason County and surrounding counties.No bacterial impact to surface water has been identified or documented although the suspected nutrient loading impacts on groundwater remain controversial. The Skokomish Sewer District is owned and operated by the Skokomish Tribe,but it is unknown to MCPH which parcels,on or off the reservation, are hooked up to the sewer or where the sewer lines are located. Potlatch State Park abandoned their LOSS and hooked up to the Skokomish Sewer in 2012 (Schultz,2012). One LOSS remains in the SPD.Minerva Beach Resort is located on the shoreline in the northern part of the district next to Potlatch State Park. This LOSS has previously experienced a failed drainfield that was inundated during king tides. After denying the offer to hook up to the Skokomish Sewer,Minerva Beach Resort opted to use the drainfield across the highway by the State Park. The septic tank that remains behind their bulkhead on the shoreline was checked for leaks in early 2000s and has shown no further problems even after high shoreline hits were observed again in 2011. Minerva Beach Resort was recently granted a permit from the Army Corps of Engineers (USACE)to re-do their bulkhead, shoreline and address their septic tank location issues. This LOSS remains"In Failure" according to DOH.Minerva Beach Resort LOSS's permit expires June 30, 2019. The LOSS will have to have to complete a number of tasks and studies to bring the system into compliance by June 2019. Due to the prolific use of individual on-site septic systems in the SPD,MCPH will be concentrating on identifying high risk systems which could be from lack of O&M, high shoreline samples, unresolved septic issues, identified pollution sources or otherwise (Appendix B). Table 2. Land use designation in the Annas Bay SPD by parcel. Land Use Designation Number of Parcels Residential 737 Commercial 2 Trade 15 Services 40 Recreational 13 Resource 337 Undeveloped 772 Annas Bay Shellfish Protection District—Closure Response Plan Page 9 Annas Bay On-Site Septic Systems: Type of OSS by Parcel oss type Conventional Alternative r -community — r -Biosolitls Facility seepage Pit -LOSS k ¢ Y OWSH C a Boundaries o 2017 Annas Bay SPD Boundary o N -Union Manna-Conditionally Approved -Annas Bay A-Approved Annas Bay B-Conditionally Approved t' Annas Bay D-Unclassified 2 MNaa Skokorrish Indian Reservation Ea/"ERE.D.L.-4 Msp#q... -,Ope�Sveetr sac^�'.e"u.ld�.Ana ine Ol m Iy Figure 4. The figure above was created from a 6/15/2018 O&M database report. Conventional OSSs are comprised of a tank and a drainfield often with a pump tank and rely on the availability of soil for effluent treatment.Alternative OSS's are lacking sufficient soil for effluent treatment and must include alternative treatment methods. Community OSS's are individual septic tanks with a shared drainfield. Large OSS's (LOSS)have individual tanks and a shared drainfield that services over 3,500 gal/day. LOSSs are regulated by DOH. Seepage pits consists of a tank and vertical pit or dry well to disperse effluent. Seepage pits are no longer permitted. The Skokomish Sewer is privately owned and operated by the Skokomish Tribe but is regulated by ECY.A permitted biosolids treatment and land application facility is also located in the SPD. Table 3.Distribution of OSS Type in SPD by percentage. Conventional Alternative Community Seepage Pit LOSS Biosolids Facility 637 57 8 3 1 1 Annas Bay Shelfsh Protection District—Closure Response Plan Page 10 Annas Bay On-Site Septic Systems: Age of OSS by Parcel OSS Age -2010-2019 ®2000-2009 1990-1999 u 1980-1989 L 1970-1979 C 1960-1969 ®1950-1959 t" -Prior to 1950 or Unknown s t - i - i SH LL S i Vti Boundaries r � =2017 Annas Bay SPD Boundary e N Union Manna-Conditionally Approved Annas Bay A-Approved Annas Bay B-conditionally Approved Annas Bay D-Unclassified 0.5 1 2 Mues Skokornish Indian Reservation �Esri,HERE:OaL-htapmyI46.a W_tWP owtr tors.• Ifie GtS user rrtr Figure 5. The figure above was created from a 6/15/2018 O&M database report. Mason County lacks property records on a large portion of OSS, specifically their install date (Table 4). The Skokomish Valley houses the majority of OSS with an unknown install date or one prior to 1950. Systems with unknown install dates are of increased concern. Although ongoing O&M will increase the life of an OSS,they do depreciate and deteriorate over time. Older systems are at a higher risk of contributing to surface water pollution. MCPH will focus on these systems by completing sanitary surveys, sampling and offering rebate incentives for O&M. Table 4.Distribution of OSS age in SPD by percentage. 2010-2019 2000-2009 1990-1999 1980-1989 1970-1979 1960-1969 1950-1950 Prior to 1950 or Unknown 49 156 191 63 64 30 8 146 Annas Bay ShelVish Protection District—Closure Response Plan Page 11 Annas Bay On-Site Septic Systems: O&M of OSS by Parcel OSS O&M Maintenance Not Tracked (� Maintenance Current _Maintenance overdue _No Record of Maintenance \ N LL 1 SVN NYg o SKC OA4—R LJ d oFF 61 6ti ' f Boundaries i 2017 Annas Bay SPD Boundary ii -A N Union Marina-Conditionally Approved Annas Bay A-Approved Annas Bay B-Conditionally Approved Annas Bay D-Unclassified 4 0 05 t 2 Miles Skokomish Indian Reservation y Es -ERE.C­ Figure 6. The figure above was created from a 6/15/2018 O&M database report. Maintenance schedules and authorized inspectors are determined by the type of system (Table 6). MCPH will first prioritize systems with no record of maintenance and then systems that are overdue for maintenance. HCRPIC had secured funds for O&M incentives in the form of rebate vouchers. Vouchers may be used for pumping, O&M, upgrades(i.e. installing risers or effluent filters)or any repairs that are needed. Table 5.Distribution of OSS Maintenance status in SPD by Percentage. Maintenance Current Maintenance Overdue No Record of Maintenance Maintenance Not Tracked 392 198 109 8 Annas Bay Shellfish Protection District—Closure Response Plan Page 12 Table 6. Mason County OSS Maintenance Schedule. Septic System Type ATU, Conventional Glendon, Conventional Pressure & Mound & Recirculating, Non- Gravity Open Bottom Sand Filter Gravel Filter, Residential & Sandfilter Sub-Surf. Commercial Drip, Textile Filter Inspection Frequency Annually, Every 3 years Annually Annually Annually Testing may be required Approved Service Provider O&M Homeowner, Homeowner, Homeowner, Specialist, Pumper, Pumper, O&M O&M O&M O&M Proprietary Specialist Specialist Specialist Specialist Device Licensee History of Water Quality Projects in Annas Bay ❖ 1996-2002 Mason County Septic O&M Program ❖ 1998-2001 Mason County Land Acquisition and Restoration ❖ 1998-2001 Agricultural BMP Implementation ❖ 2002-2007 TMDL Septic and Agricultural Implementation ❖ 2002-Present Voluntary Septic O&M Program ❖ 2006-2007 Annas Bay SPD Restoration Study ❖ 2007-Present Skokomish Estuary Restoration ❖ 2008-2011 Shorebank Septic System Loan Program ❖ 201 1-Present Craft 3 Septic Loan Program ❖ 2012 Potlatch State Park Sewer Conversion ❖ 2013-Present Hood Canal Regional PIC Program ❖ 2016-Present Skokomish Fish Parcel Shellfish Enhancement ❖ 2016-Present Skokomish HAB Monitoring Annas Bay Shellfish Protection District—Closure Response Plan Page 13 C. Strategy for Water Quality Improvement Our goal is to take immediate steps to: • Protect public health • Reduce water pollution • Meet state and federal marine water quality standards for commercial shellfish harvesting • Ensure that marine water quality is maintained Tasks: 1. Plan and coordinate Closure Response Plan development and implementation • MCPH coordinated with DOH,HCCC, and the Skokomish Tribe to develop this closure response plan. 2. Monitor marine and fresh water quality • DOH will continue to sample designated marine water stations for FC and MCPH will develop a sampling plan with shoreline and upland sampling on OSS risk identification and septic O&M.MCPH will work with HCCC to revise HCRPIC 3 work plan, Skokomish Tribe will work on tribal land 3. Control OSS pollution sources • MCPH will use our Risk Assessment Table,Mason County O&M database and previous successful tools to find,track, and resolve issues with OSS in the SPD (see Appendix B). The Skokomish Tribe will be investigating OSS issues on Skokomish tribal land. 4. Control agricultural pollution sources • MCPH will inventory agricultural activity in the SPD via sanitary parcel surveys and dashboard surveys and refer farmers and residents to MCD when appropriate. The Skokomish Tribe will be investigating agriculture and livestock issues on Skokomish tribal land. 5. Education and community capacity building • O&M rebates will be provided by HCCC and made available to OSS owners in the SPD. Rebates will only be offered for the duration of the current HCRPIC Phase 3 grant ending March 31,2019. They are first come first served as funds remain available. Annas Bay She1#1sh Protection District—Closure Response Plan Page 14 References Book, S.,Final Project Report for Grant#G0600332: Skokomish Annas Bay Restoration Study, Mason County Public Health, Shelton, WA. http://www.co.mason.wa.us/health/environmental/water-quality/reports/annas- bay/annas_bay_final_report_2008.pdf RCW 90.72.,2008, Shellfish Protection Districts, Washington State Legislature, Olympia, WA. Schultz, J., 2012, Sanitary Survey of Annas Bay, Washington State Department of Health, Tumwater, WA. Swanson,T.,2017,Addendum to the 2012 Sanitary Survey Report of Annas Bay, Washington State Department of Health, Tumwater, WA. White, L., S. Berbells, 2011 Shoreline Survey of the Annas Bay Shellfish Growing Area, Washington State Department of Health, Tumwater, WA. Annas Bay Shellflsh Protection District—Closure Response Plan Page 15 Appendix A:Annas Bay Shellfish Protection District Task Matrix Objective&Task Lead Agency/Partner I Timeline/Due Date Funding Source I status Action/Products/Outcome Objective 1:Planning,Coordination and Reporting Task 1:Identify accountable agencies&create SPD Advisory Team MCPH Ongoing HCRPIC Phase 3 In progress List of advisory group members Task 2:Identify the boundaries&create a map of SPD MCPH 5/16/2018 HCRPIC Phase 3 Completed Map of boundary Task 3:Create Draft Closure Response Plan MCPH 5/16/2018 HCRPIC Phase 3 Completed Draft work plan Task 4:Ordinance creating SPD adopted by Commissioners MCPH Completed HCRPIC Phase 3 Completed Approval Task 5:Annual SPD Reporting to DOH MCPH August,annually Unfunded Ongoing Annual report Task 6:Monthly Progress Report to HCCC MCPH March 31,2019 HCRPIC Phase 3 Ongoing Progress Reports Task 7:Long term land use planning Skokomish,MCPH,HCSEG, Continuous Unfunded Ongoing i.e.,purchasing flooded lands,flood plain restoration,sediment management,fish MCD HCCC,ECY WDFW passage management,etc. Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source Status Action/Products/Outcome Objective 2:Monitor Marine and Fresh Water Ouallty Task 1:Marine water quality monitoring DOH Ongoing DOH Program Funds Ongoing Data set Task 2:Stream water quality monitoring MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Task 3:Shoreline water quality monitoring MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Task 4:Hotspot investigations via PIC process MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of sanitary surveys,dye tests,OSS failures,enforcement cases Task 5:Water quality data management MCPH,HCCC,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Task 6:Fall Storm event freshwater monitoring MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source status Action/Products/Outcome Objective 3:Control OSS Pollution Sources Task 1:Inventory location&risk level of OSS in SPD MCPH March 31,2019 HCRPIC Phase 3 In progress Risk assessment list including risk of drainfields impacted by flooding Task 2:Sanitary/Parcel surveys and Site Visits MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In progress Number of sanitary survey&final rating Task 3:Overdue 0&M notification MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of letters sent&response Task 4:Dye test OSS of concern MCPH,Skokomish March 31.2019 HCRPIC Phase 3 In planning Number of dye tests&outcome Task 5:Follow up on unsatisfactory reports MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of reports followed up on and results Task 6:CRAFT 3 referrals MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of referrals&response Task 7:Find solution for Minerva Beach Resort LOSS DOH,Minerva Beach Resort June 30,2019 1 Program funds In progress I Have a long-term plan of action to bring their LOSS into compliance Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source Status Action/Products/Outcome Objective 4:Control Agricultural Pollution Sources Task 1:Identify location and activity of farms for GI MCPH,MCD,Skokomish March 31,2019 HCRPIC Phase 3 In planning GIs layer Task 2:Refer farms in need of technical assistance to MCD MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of referrals,Skokomish will work on tribal land Task 3:Provide technical assistance to farms MCD,ECY Ongoing Program funds Ongoing Number of Farm Plans,Conservation Plans MCD;Number of sites referred to ECY for site visits or enforcement Task 4:Inventory timing of animal removal from flooded area MCPH,MCD Ongoing Unfunded In Planning Timeline and actions of seasonal animal removal Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source Status Action/Products/Outcome Objective 5:Education&Outreach Task 1:0&M incentives MCPH March 31,2019 HCRPIC Phase 3 Ongoing Task 2:0&M Workshops IMCPH JTBD I Unfunded JTBD Annas Bay Shellfish Protection District—Closure Response Plan Page 16 Appendix B: Additional Resources GUIDANCE FOR WATER QUALITY COMPLIANCE IN MASON COUNTY, WA • DRAFT 4/1/14 • FINAL 5120/14 • REVISED 4/25/17 SEND INITIAL UNABLE TO VERIFY COMPLIANCE PROCESS STOPS CONTACT LETTER PROBLEM REQUESTING ACCESS FOR SITE VISIT.CHECK WITH IN COMPLIANCE VISIBLE NOTICE& DEVELOP TIMELINE&MAKE REPAIR Tw NO ACCESS SURROUNDING FAILURE ORDER COMPLIES (MAY TAKE SEVERAL MONTHS) PROPERTY OWNERS FOR DYE REFERRAL PERMISSION TO 1.SEPTIC SYSTEMS + ( ) NONCOMPLIANT POSTED FOR NONOCCUPANCY WATER AGENCY ACCESS THEIR QUALITY VISITS SITE PROPERTY. SEPTIC ISSUES SANITARY SU RVEY& SAMPLE, TO INSPECT COMPLIANCE PROCESS SITE VISITS, USE CHART AND/OR POSSIBLE DYE TEST STOPS BELOW TO NO ISSUE OR NO DYE OR CITIZEN DETERMINE SAMPLE NOT IN COMPLAINT WHICH FOR COMPLIANCE POSSIBLE INITIAL NOTICE& HEARINGS MAY AGENCYTO POLLUTION CONTACT ORDER NONCOMPLIANT EXAMINER INDICATE REFER LETTER& NONCOMPLIANT 2.PET WASTE WATER EDUCATION POLLUTION IN COMPLIANCE MATERIALS COMPLIES COMPLIANCE PROCESS STOPS EDUCATION 3.WILDLIFE COMPLIANCE PROCESS STOPS SOURCE IN ROW CHECK WITH MCD OR WSDOT 4.STORMWATER SOURCE IN ROW SOURCE NOT IN ROW REFER TO UNKNOWN/MULTIPLE SOURCES BOX MCPH REFERS POLLUTION ISSUSE REFERRAL AGENCY REGULATION 5.SEWER CHECK WITH COS OR MCU.REFER TO ECOLOGY IF PRIVATE SEWER TO ECOLOGY 1.SEPTIC SYSTEM/ MCPH WAC 246-271/ RV HOLDING TANK MASON COUNTY TITLE 6.76 ANIMALS MCPH SEND INITIAL NONCOMPLIANT 2.PET WASTE MCPH MASON COUNTY TITLE 6.72.30 WITH WATER CONTACT LETTER TEMPORARY CORRECTIVE ACCESS REFERRING TO CD ACTION&FARM 3.WILDLIFE/ NONE NONE —� 6.LIVESTOCK COMPLIANT MANAGEMENT PLAN URBAN WILDLIFE ANIMALS SAMPLE TO 4.STORMWATER MCPW RCW 90.48.080 UNABLE TO VERIFY POLLUTION WITHOUT DETERMINE IF �El . CITY OF SHELTON/ WATER POLLUTION COMES S.SEWER MC UTILITIES/ MASON COUNTY TITLE 13.04 FOR ALLYN&BELFAIR ACCESS OFF PROPERTY ABLE TO VERIFY POLLUTION ECOLOGY 6.LIVESTOCK WASTE MCD if MCPH RCW 90.48.080 7.UNKNOWN OR MULTIPLE EXTENSIVE WQ SAMPLING. REFER TO CORRECT AGENCY _J:POSSIBLE SOURCES MAY TAKE MONTHS. WHEN SOURCE(S)DETERMINED Annas Bay Shellfish Protection District—Closure Response Plan Page 17 On-Site Sewage System Risk Assessment Date: Parcel: System Condition Factor low Risk Medium Risk High Risk D Drainfield> 100 feet from rainfield 50-100 feet from Distance to surface water surface water OR tank is Drainfield<50 feet from Surface Water (0 pts) within 50 feet of surface surface water water (10 pts) (5 pts) Conventional Conventional installed prior Conventional installed prior Type of System (gravity/pressure)installed to 1995 OR mound OR sand to 1975 OR ATU OR and Age after 1995 filter system disinfection devices (0 pts) (2 pts) (4 pts) O&M not on schedule'OR O&M on schedule AND deficiencies noted and not O&M on schedule AND no corrected Operations& deficiencies identified deficiencies noted and Maintenance corrected (5 pts) (0 pts) ATU not on schedule OR(2ct never serviced (7.5 pts) Asbuilt up-to-date AND No asbuilt BUT location No asbuilt AND unknown Access location known known(serviced) location OR location (0 pts) (1 pt) inaccessible (2 pts) z Yes AND failed dye test" c No,never asked for dye Previous Dye Test test Yes AND passed OR No,refusal (0 pts) 0pt) (4 pts) Faded,since fixed(2 pts) Clean AND within standards Elevated hits OR Confirmed Hot Spot AND Sampling Results OR no samples taken. inconsistent high hits BUT hits of>1000 FC (if available) not confirmed hotspot (D Pis) ( (5pts) 2pts) Site Condition Y � 9 > 1.5 acres < 1.5 acres E Parcel Area (0 pis) 0 pt) In situ soil greater than 48 In situ soil 24-48 inches In situ soil less than 24 a E Suitable Soil Depth inches 0 pt) inches (0 pts) ATU(.5 pts) (3 pts) ' Unknown(.5 pt) ATU 11.5 pts) Soil Type 2 OR 3 Soil type 1 OR 7 Soil Type Soil type 4,5,OR 6 (1 pt) (3 pts) (0 pts) ATU(,5 pts) ATU(1.5 pts) Total Points: Rank order will be created after all systems are evaluated. High dye test and survey priority:11.5 or greater.Medium priority:7.11.low priority:less than 7. All High Priority systems will be dye tested,with consent,unless rated"No Apparent Problem". '-No service history and 10+year old system,instant qualifier as top survey priority. "-If no repairs/changes since failure,instant qualifier as top survey priority. Annas Bay Shellfish Protection District—Closure Response Plan Page 18 Addendum: 2021 Reclassification Within Existing Downgrade Area On June 29th, 2021 DOH issued an official reclassification of 176 acres within the existing conditional area in the Annas Bay growing area from Conditionally Approved to Prohibited. As depicted in figure 7. Mich Legend THE GREAT SEND 1 • vowOuafRr Staxiona l Classification tie =AMOVed C,p -Condawna eOf T arnhh,Mrl O FNo r Bstrited ,;R c O daulfio d 9 »s■ wo�r, NiS BAY _ ..• 47.3518, •123.1188 16 *• 47.3459, tee 3233 47.3451, 123.1248 �,. 1109 �,. r . -�- _ r . Figure 7. Map of June 2021 Annas Bay growing area re-classification. In response to a harvest request in the newly Prohibited area DOH issued another reclassification in September 2021 changing the Prohibited area to Restricted as depicted in Figure 8. This allows harvest to occur within the Restricted area provided the grower has an approved relay available. Annas Bay Shellfish Protection District—Closure Response Plan Page 19 Ifl! Legend •�" THE GREAT BEND _+. .• ■ Water Quality Stations T ram\ Classification 10 Approved Conditional Yfrs ®1-1� 7• - Prohibited O FN� -1 T - Restricted Q B F ��', Unclassified y 196■ f 195■ 3008 N it S B A Y 1 199■ 197 i 206 200■ 299_ ' -- 3230 J 1 I A R J►' �l-2L' N CAI w ///.! r I Figure 8. Map of September 2021 Annas Bay growing area reclassification. MCPH will continue to pursue the PIC strategy outlined earlier in this document in our efforts to improve water quality and upgrade the currently impaired shellfish growing areas in Annas Bay. Annas Bay Shelfsh Protection District—Closure Response Plan Page 20 Station: 198 Current Classification: Prohibited Method: SRS Total Samples: 30 Date Range: 02/28/2019 -07/29/2021 Range (FC/100 mL): 1.7 -350.0 E90th (FC/100 mL): 59.0 GeoMean (FC/100 mL): 9.6 Sample Event Type Time Tide S1/VT Salinity Fecal Date Coliform 02/28/2019 Regulatory 09:51 Flood 4 7 1.7 03/13/2019 Regulatory 10:10 Flood 7 8 7.8 04/25/2019 Regulatory 10:12 Ebb 12 17 1.7 05/09/2019 Regulatory 07:02 Flood 15 11 11.0 06/12/2019 Regulatory 13:01 Flood 21 20 2.0 07/11/2019 Regulatory 13:02 Flood 1 18 7 23.0 08/20/2019 Regulatory 08:49 Flood 17 21 7.8 09/18/2019 Regulatory 10:05 Ebb 13 8 350.0 10/21/2019 Regulatory 10:23 Flood 11 12 13.0 11/06/2019 Regulatory 10:48 Flood 8 6 21.0 12/18/2019 Regulatory 10:20 Flood 8 10 4.5 01/14/2020 Regulatory 09:41 Ebb 5 6 2.0 02/06/2020 Regulatory 09:58 Flood 8 2 2.0 03/17/2020 Regulatory 10:18 Flood 7 15 1.7 04/01/2020 Regulatory 09:55 Flood 7 6 1.7 05/28/2020 Regulatory 09:33 Ebb 14 4 350.0 06/25/2020 Regulatory 08:36 Ebb 18 11 33.0 07/28/2020 Regulatory 12:16 Flood 20 20 13.0 08/25/2020 Regulatory 09:56 Flood 16 24 13.0 09/23/2020 Regulatory 09:39 Flood 14 12 23.0 10/08/2020 Regulatory 09:44 Flood 14 15 7.8 11/23/2020 Regulatory 12:24 Flood 9 1 13.0 12/08/2020 Regulatory 11:07 Flood 10 22 2.0 01/07/2021 Regulatory 09:41 Flood 7 0 13.0 02/18/2021 Regulatory 09:48 Ebb 5 4 22.0 03/11/2021 Regulatory 13:41 Flood 10 4 2.0 04/19/2021 Regulatory 09:24 Flood 12 9 17.0 05/03/2021 Regulatory 09:46 Ebb 12 11 22.0 06/15/2021 Regulatory 08:19 Ebb 14 12 33.0 07/29/2021 Regulatory 09:16 Flood 22 23 11.0 Annas Bay Shellfish Protection District-Closure Response Plan Page 21 Station: 314 Current Classification: Prohibited Method: SRS Total Samples: 30 Date Range: 02/28/2019 -07/29/2021 Range(FC/100 mL): 1.7 - 130.0 E90th (FC/100 mL): 42.3 GeoMean (FC/100 mL): 9.0 Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 02/28/2019 Regulatory 09:53 Flood 4 4 2.0 03/13/2019 Regulatory 10:12 Ebb 7 7 13.0 04/25/2019 Regulatory 10:14 Ebb 11 6 2.0 05/09/2019 Regulatory 07:04 Flood 15 9 13.0 06/12/2019 Regulatory 13:04 Flood 21 17 4.0 07/11/2019 Regulatory 13:07 Flood 18 9 6.1 08/20/2019 Regulatory 08:51 Flood 1 17 22 13.0 09/18/2019 Regulatory 10:07 Ebb 12 6 130.0 10/21/2019 Regulatory 10:25 Flood 11 5 17.0 11/06/2019 Regulatory 10:50 Flood 8 8 4.5 12/18/2019 Regulatory 10:22 Flood 8 20 4.5 01/14/2020 Regulatory 09.43 Ebb 5 6 1.8 02/06/2020 Regulatory 09:59 Flood 8 1 7.8 03/17/2020 Regulatory 10:20 Flood 7 8 1.7 04/01/2020 Regulatory 09:56 Flood 8 5 13.0 05/28/2020 Regulatory 09:35 Ebb 13 4 46.0 06/25/2020 Regulatory 08:37 Ebb 17 10 33.0 07/28/2020 Regulatory 12:18 Flood 20 1 17 17.0 08/25/2020 Regulatory 09:59 Flood 16 21 23.0 09/23/2020 Regulatory 09:41 Flood 14 12 23.0 10/08/2020 Regulatory 09:45 Flood 14 14 13.0 11/23/2020 Regulatory 12:25 Flood 9 2 23.0 12/08/2020 Regulatory 11:08 Flood 10 24 2.0 01/07/2021 Regulatory 09:43 Flood 7 0 6.8 02/18/2021 Regulatory 09:49 Ebb 6 3 110.0 03/11/2021 Regulatory 13:43 Flood 10 4 1.7 04/19/2021 Regulatory 09:26 Flood 11 11 4.5 05/03/2021 Regulatory 09:48 Ebb 12 13 2.0 06/15/2021 Regulatory 08:20 Ebb 13 7 23.0 07/29/2021 Regulatory 09:18 Flood 22 23 6.8 Annas Bay Shellfish Protection District-Closure Response Plan Page 22 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: February 1, 2022 Agenda Item # ,1U Commissioner staff to complete) BRIEFING DATE: January 24,2022 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to schedule a public hearing on Tuesday, February 15, 2022 at 9:15 a.m. to take public comment on the 2022 — 2026 Mason County Parks and Recreation Comprehensive Plan Update Background: The County entered into a services contract for the Mason County Parks and Recreation Comprehensive Plan update 2022— 2026 with Robert W. Droll, Landscape Architect, PS. (RWD Landscape Architects). The plan update will produce a 5-year comprehensive plan that can be interfaced into the County's Comprehensive Plan and will make Mason County eligible for WA State Recreation and Conservation Office (RCO) grant funding. This information will also be used to update the County Capital Facilities Plan. The draft plan is available on the County's website - https://masoncountywa.gov/ RWD Landscape Architects conducted a parks survey and interactive virtual workshop to gather public input on what the community prioritizes for parks and recreation. The top comments from this survey included natural trails, maintain the existing parks/trails, water access. Survey results are attached or can be viewed here: https://masoncountywa.gov/forms/parks/parks- su rvey-results-12132021.pdf The Parks Advisory Board have met several times since August and have prioritized a list of capital improvement projects provided by RWD Landscape Architects. Budget Impacts: RWD Landscape Architect contract ($48K) and public hearing cost RECOMMENDED ACTION: Approval to schedule a public hearing on Tuesday, February 15, 2022 at 9:15 a.m. to take public comment on the 2022 — 2026 Mason County Parks and Recreation Comprehensive Plan Update NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on Tuesday,February 15,2022 at 9:15 a.m. SAID HEARING will be to take public comment on the 2022—2026 Mason County Parks and Recreation Comprehensive Plan Update. In compliance with Proclamation by the Governor 20-25.14 and the Order of the Secretary of Health 20-03.3, 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 httys://www.masoncountywa•gov/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 msmithAmasoncountywa.gov or mail to the Commissioners' Office, 411 N 5t' St, Shelton, WA 98584; or call (360)427-9670 ext. 230. If special accommodations are needed,please contact the Commissioners' office, (360)427- 9670 ext.419. DATED this 11 day of February,2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Bill: Parks&Trails Department,411 North 5t`Street, Shelton Publish: Shelton Journal 2t: 2/3/22 and 2/10/22