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HomeMy WebLinkAbout2022/08/02 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 August 2, 2022 9:00 a.m. August 2.2 Our Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in -person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release – Mason County Awarded $2.027 Million for Bridge Projects 4.3 News Release – Request for Qualifications for Eviction Rental Prevention 5. Open Forum for Citizen Input – (3 minutes per person, 15-minute time limit) Please see above options to provide public comment. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – July 4, 2022 Briefing Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8089181-8089704 $ 4,907,598.63 Direct Deposit Fund Warrant # 88855-89247 $ 805,207.07 Salary Clearing Fund Warrant # 7006786-7006811 $ 534,254.31 Treasurer Electronic Remittances $ - 8.2 Approval to fund the initial costs to bring the Mason County Search and Rescue Dive Team current with certifications and compliance and to fund the estimated annual cost to maintain the Dive Team’s deployment requirements. 8.3 Approval to post the Request for Qualification for a permanent eviction program material on the County website. 8.4 Approval of the Emergency Solutions Grant COVID-19 amendments to extend the Professional Services Contracts with Crossroads Housing and Shelton Family Center to September 30, 2023. 8.5 Approval for the Emergency Management Manager and Emergency Management Coordinator to sign the Public Assistance Grant Agreement No. D22-283 for Presidential Disaster Declaration 4650-DR-WA Winter Storm. 8.6 Approval of the Resolution authorizing Public Works to purchase OEM parts as sole source from Trojan UV to repair the UV disinfections system at the Belfair Water Reclamation Facility. 8.7 Approval of the Resolution for Road Vacation 412 vacating an unopened right of way located at 4030 E Mason Lake Drive W property on the condition that the property owner, Daniel Hite and Dawna Tracht, dedicate a 60’ wide easement centered along the existing public road on their abutting property instead of compensation for a Class A vacation. The vacated area is subject to existing easements for ingress and egress or for any other purpose, if any. 8.8 Approval for the Chair to execute the master interlocal agreement with Thurston County for reimbursable transportation services. 8.9 Approval to authorize Public Works to procure the used generator from United Rentals for the amount of $27,667.50. 8.10 Approval of the Resolution amending Resolution No. 2022-002 for the Non-Represented Salary Range Alignment table to create a Patrol Lieutenant position at Range 41. 8.11 Approval of the Eviction Rent Assistance Program 2.0 Amendment B from the Department of Commerce Professional Services Contracts with Crossroads Housing Amendment No. 2 and the Shelton Family Center Amendment No. 1. 8.12 Approval to appoint Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging to complete an unexpired term expiring December 31, 2022. 8.13 Approval of removing Rustlewood from the American Rescue Plan Act (ARPA) funding list and approval of the Port of Allyn Water Company request for $100,000. 8.14 Approval of the Interagency Reimbursement Agreement Amendment No. 1 with the Washington State Administrative Office of the Courts (AOC) for extraordinary expenses reimbursement up to $702,300 and legal financial obligations reimbursement up to $644,985. 8.15 Approval of the sale of surplus right-of-way that was purchased by Mason County Public Works for County Road Project (CRP) 1861 Simmons Road Connector which includes a small portion of parcel no. 31917-22-91043 and 31917-22-91044 for the amount of $3,550 to Sunsea Jack Cloutier and Danielle De Youngue. 8.16 Approval of the Mason County Public Health 2022-2024 Consolidated Contract (ConCon) Amendment No. 6 to add a Statement of Work for Foundational Public Health Services. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. No Public Hearings set for this time. 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Cassidy Perkins Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: August 2, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Washington State Liquor Control Board Notice to Licensees on Firearms, Notice of License Approval for Great Harvest LLC, Marijuana License Renewal Application information, Liquor License Renewal Application Information, Notice of temporary discontinued Cannabis License for M and R Distributing, Special Occasion Liquor License Application for Harstine Island Women's Club. 4.1.2 Application received from William Jensen for the Mason County Historic Preservation Advisory Board. 4.1.3 Letter received from Amanda and Aaron Duke (home owners on Miracle Heights Dr.) Regarding Concerns Directed Toward the Roam Woifdog Sanctuary. 4.1.4 Received 2022 Quarter 2 Report for Mason County Economic Development. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk I(M Washington State Liquor and Cannabis Board RECEIVE® JUL 13 K22 Mason County Commissioners TO: Cannabis Producer, Processor, and Retail Licensees RE: Washington State Liquor Control Board Notice to Licensees on Firearms This notice is meant to help clarify federal laws about possession of firearms on licensed premises and while transporting cannabis. Federal Law on Firearms Federal law prohibits users of controlled substances from possessing firearms. 18 U.S.C. § 922(g)(3). Cannabis remains a controlled substance under federal law. 18 U.S.C. § 812. Federal regulations provide that current use of controlled substances may be inferred from evidence of recent use, possession, or a pattern of use or possession. 27 C.F.R. § 478.11. Furthermore, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, an agency of the U.S. Department of Justice, stated in an Open Letter September 21, 2011 that any person in possession of cannabis is prohibited by federal law from possessing firearms or ammunition. In addition, it is illegal under federal law to carry or use a firearm in furtherance of a federal drug trafficking crime, which includes selling cannabis. 18 U.S.C. § 924(c). CAUTION: Federal law prohibits the possession of firearms by any person on premises where cannabis is present or being transported. Persons who are prohibited by federal law from possessing a firearm may be prosecuted in federal court. A state license is not a defense to a federal prosecution under federal firearms laws or the federal Controlled Substances Act, 21 U.S.C. Chapter 13. Disclaimer This notice regarding federal laws is not intended to provide legal advice nor does it provide a legal defense to a violation of any federal laws or rules. Licensees are advised to consult an attorney if they have questions or concerns regarding federal laws. PO Box 43075, 1025 Union Ave, SE, Olympia WA 98501, (360) 664-1600, www.liq.wa.gov Cc:CMMRS Neatherlin, Shutty, Trask Clerk, �UVYVI-101��(�Q� M Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone-(360) 664-1600 Fax-(360) 753-2710 July 13, 2022 GREAT HARVEST LLC 6931 115TH PL SE NEWCASTLEWA 98056-4301 ; Ld V Re: GREAT HARVEST LLC L 13 262) 420 E MILLWRIGHT RD Me-IS011 County SHELTON WA 98584 Commissionovs, LICENSE No.: 414145-7A U B I: 604-667-077-001-0001 Your license has been approved for the following: CANNABIS PRODUCER TIER 2 CANNABIS PROCESSOR This license is valid through November 30, 2022. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with cannabis endorsement(s) within 15 days, please contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. This license allows you to produce cannabis for sale at wholesale to cannabis processor, producer and research licensees and to cooperatives, qualifying patients and designated providers. This license also allows you to process, package, and label usable cannabis and cannabis-infused products for sale at wholesale to cannabis processor and retailer licensees. According to the operating plan you submitted, your business will be producing 4800 square feet of cannabis. The maximum square feet of cannabis alloted for a Tier 2 cannabis licensee allows for up to 10,000 square feet of plant canopy. To increase or decrease the current square footage of plant canopy outlined in your operating plan, please complete a "Cannabis Alteration Request" application found on our website at https://Icb.wa.gov/mjlicense/cannabis-licensing. As defined in WAC 314-55-010 (31) "Plant canopy" means the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc. The licensee must ensure required information is entered into the Cannabis Central Reporting System (CCRS) and kept completely up-to-date as stated in WAC 314-55-083(4). Page 2 Persons under 21 years of age are not permitted on the premises. A sign reading "Persons under twenty-one years of age not permitted on these premises" must be posted in a conspicuous location at each entry to the premises (WAC 314-55-086). Changes in ownership, alterations to your operating and/or floor plan, and business relocation require prior Board approval. If you wish to make such changes, please contact our office for assistance. In accordance with WAC 314-55-020(16) the issuance of a license by the WSLCB shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements. Your cannabis license can be renewed through the Department of Revenue Business Licensing Service. Information on how to do this will be included on your renewal notice. Your access to CCRS will begin the first business day after you receive this letter. Please visit https://Icb.wa.gov/ccrs/resources for guides on getting started and using CCRS. If you have questions about reporting or CCRS, please visit our website at https://Icb.wa.gov/ccrs. /`�"dw 570�BAM Marijuana Licensing Specialist 360-664-4512 cc: Enforcement Office Mason County Commissioners File Cannabis 9/4/14 TEUT; E JelUe TTTM pUE 9SU90TT euen[TJeW eUl MeueJ Ol LITJoglnE TEUT; GAEU SJegWeW pJeOg agTOTMMMaPJJ$pp4E68TGq00009 J8pJO TeTITUT ue enssT puE eoUapTA8 8U1 ;0 TTE JepTsuoo TTTM abpn[ MeT 8AT1eJ1STUTWpE eUl 'SUOTIOe[go JO UOTIOe[go Jno! ;o IJoddns UT eoUapTAa luesaJd !ew no% 'UOTIEpu8wwO0aJ TEmeUOJ-uou aUl IJoddns of abpn[ mET eATleJIsTuTwpe ue aJo;eq buTJEeq 8U1 le eUl le 80UapTA8 luasaJd of paJTnbaJ eq TTTM UOTsTATO BUTSU90TI s ,pJEOS 8U1 'noA A;TlOu TTTM am `BUTJPeq E J0; lsenbaJ ATewTI S8NUW 89SU80TT 8Ul ;j 'esu80TT euen[TJEw JTegl ;0 TEm8u8J-uou Isaluoo of 6UTJeeq E lsenbaJ of lQbTJ 9ql seU osTe eesUOOTT aUl 'uoTsToap sTUI JO; UOSeeJ eUl 6UTIEls `buTITJM UT 88SU90TT eql A;T10U TTTM cM `asUaoTT E M8UeJ 01 IOU sapTOep pJeOS 8UI ;j ( (q) (Z) 991-99-171£ OVM) asue0T1 mauaH ION sao0 pJeog ;T aJnpeooJd (b 'Tem9u8J-UOU U1TM peeooJd 01 JO `8sueOTT eUEn[TJeW eUl meueJ 01 9pT08p UeUI TTTM JOlO8JT0 buTsusoll eUl 'pues nog( sluawnoop 6UTlJoddns pue s4u8wQOElle AuE se TT8m se `UOTIOs[go ;O JellOT Jno! apnTOuT TTTm 1JOdaJ aUl 'JOloeJT0 6UTSUeOT1 aUl Aq MSTAeJ J0; lJOdeJ a eJEdaJd TTTM ;;Els 6UTsuGOTT Jn0 `uoTlOe[go JnoA OAT908J 8M J81;V uoTlo9.g0 ;o I Tao98 UOTSTATO BUTSUGOTI BUTMOTTOJ 9Jnp90OJd (£ 'pTOU uo peoeTd sT esu8OTT euen[TJew lueuewJad eUl `buipued sT Tem8u8J e 01 UOTIOs[go uE ewTl eUl 6uTJn0 uTpuad uOT10e q0 eTTUM 0sue0T] ;O snlE1S (Z *901SM eql Ol UOTSsTwgns O1 JOTJd (9q'Zy MOH oes) UOTIEWJO;UT 8TgesOTOSTp-uou JO TETIuapT;uOo AUe lOepeJ 01 AITTTgTSU0dsei S,AlTJOUInV Te001 OUl sT IT 'eJ0;8J8U1 `eesueOTT 8U1 Ol 8TgeTTeAE apew aq TTTM STETJeIEW buTlJoddns pue sju9wgOelle Aue pup u0Tloe(g0 JnoA ;o Ad00 V 'UOTSTATp IuawaoJo;ue eql Aq pensJnd eq AeW UOTIeOOA8J 8SU80TT eTgTssod pue IUTETdwoo e Se peJapTSuoo eq TTTm UOT1081go 8U1 `8su8OTT eql pemaueJ ApeeJTE sPq eesueOTT eyl JO elep uOT1eJTdxe eUl ;0 SAep AIJTUI UTUITM p8AT80eJ sT uoTloa[go eq; ;j '6uT;TJm uT pa?Uap JO paluEJ6 aq TTTM UOTsU8lxG J0; lsenbaJ Jnok 'suoTloa[go T1Tw l�gns of ewTl ;o UOTsUelxe Jo; slsenbeJ UE AUep Jo IUEJ6 01 UOTIOJOSTp S ,pJEog eUl UTUITM ST IT I?q; 'J8A8MOU 'BJEME eq 8sE8Td buTITJm UT leUl Isen eJ IsnW noA BWTI TEUOTITppE peau noA ;j (S91-99-b1£ OVM) alEp UOTIeJTdxe 8SU80TT eUl of JOTJ s Ep 0£ IseeT IE UOTSTATO uTsuaOT1 s,pJeog eUl q p8AT80eJ eq Isnw uoTlOe[go ;o JallaT JnoA (0) (L) l££"09'69 MOH Jed UOT18J0STp S,pJEOg eyl uTylTm sT IOU Jo palueJ6 eq TTTm 6UTJeaq e J@glGgM leUl eloU eseald O 'paseq aJe sUOT10e[go JnoA UOTUM uodn sloe; eyl WJT;UOO JO uTEluoo goTgm sluawnoop 6UTlJoddns puE sluawgoellE epnTOUT Aew noh 0 'paseq OJE sUOTlOe[go JO UOTIOa[go Jno! gOTgM uodn sloe; eUl TTe ;O luawalels e buTpnTOul `uoTloa[go JnoA Jo; (S)uoseaJ aul TTElaO 0 'UOTSTATO 5UTS000T1 (901-SM) pJeog STgeuue0 pue JonbT1 81EIS UO16UTUSEM 8U1 01 J8118T e TTew JO xE; :Isnw JelIBT STUL :TEm8uJ asuaOTT EuEn[TJew e of loa[go of TeMOUaH esu80T1 of uoTloe.g0 ( l (L) l££'09-69 MOH Aq pezTJoUlne sE slsenbeJ Tem8u8J asuaOTT asegj of loa[go of AlTunlJoddo Jno( sT sTUl 'sAEp 06 lunoqu uT aJTdxe TTTm sesueOTT euen[TJEw esogm uoTloTpsTJn[ JnoA uT S8STW8Jd pesUeOTT euen[TJew ;o Is?T e PUT; aseaTd p8sOT0u3 llTunlJoddO UOTl081g0 Jnok - UOTIOTpsTJnr JnoA uT SUOT1eOTTddV TEMaUG8 8S000T1 euen[TJew :38 :AITJOUInV TE001 JVeG ZZOZ `90 ATnf Sh'3JOISSIWWOO OLLZ-69L (09£) :# Xej A06'em'bTT-mmm / U1lUo UOSL'W 860£V XOS 0 d pueo8 szgeuue0 pue uonbTl oqw a}eIs uo�6uTUseM /� AAA ' �ia10 C33A1 D3®u {seal `���nuS 'U11aau1e9N S2JAM 00 5) Procedure if Board Renews License Over Your Objection (WAC 314-55-165 (2) (a) ) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board' s Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 07/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20221231 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 EZ DAZE LLC GANJA VITA 415539 MARIJUANA RETAILER 23441 NE STATE ROUTE 3 MEDICAL CANNABIS ENDORSEMENT BELFAIR WA 98528 0000 2 . THE ROOT CELLAR LLC THE ROOT CELLAR 415343 MARIJUANA RETAILER 23632 NE STATE ROUTE 3 MEDICAL CANNABIS ENDORSEMENT BELFAIR WA 98528 8309 3 TWISTED SISTERS GARDENS LLC LUNA NW 432529 CANNABIS PRODUCER TIER 1 160 W WESTFIELD CT STE E1 CANNABIS PROCESSOR SHELTON WA 98557 0000 4 . LAUGHING GRASS MARIJUANA PRODU LAUGHING GRASS MARIJUANA PRODUCTION AND PROCE 414145 CANNABIS PRODUCER TIER 2 420 E MILLWRIGHT RD CANNABIS PROCESSOR SHELTON WA 98584 0000 5 . OGZ FIRE WEED LLC OGZ FIRE WEED 416737 NON-RETAIL PRIVILEGES 50 W WESTFIELD CT UNIT E CANNABIS PROCESSOR SHELTON WA 98584 0000 6 . OGZ FIRE WEED LLC OGZ FIREWEED LLC 416412 NON-RETAIL PRIVILEGES 50 W WESTFIELD CT UNIT C CANNABIS PROCESSOR SHELTON WA 98584 0000 7 . PT ENTERPRISES LLC PLATINUM GARDENS 417200 NON-RETAIL PRIVILEGES 421 W HONEYSUCKLE LN CANNABIS PROCESSOR SHELTON WA 98584 0000 8 . GREEN STATE INDOOR INC. GREEN STATE INDOOR INC. 429287 NON-RETAIL PRIVILEGES 160 W WESTFIELD CT STE B CANNABIS PROCESSOR SHELTON WA 98584 4604 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 07/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20221231 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 . MARTIMAN LLC PURA VALLEY HERBS 427094 CANNABIS PRODUCER TIER 2 161 WESTFIELD CT CANNABIS PROCESSOR SHELTON WA 98584 4604 10 . ROCKY BROOK RANCH LLC ROCKY BROOK RANCH 431514 CANNABIS PRODUCER TIER 1 141 W WESTFIELD CT STE C CANNABIS PROCESSOR SHELTON WA 98584 4604 11 WILBER INDUSTRIES L.L.C. WILBER INDUSTRIES 430735 CANNABIS PRODUCER TIER 2 500 E EXPORT RD STE B SHELTON WA 98584 4900 12 . HOLLINGSWORTH CANNABIS LLC THE HOLLINGSWORTH CANNABIS COMPANY 416406 CANNABIS PRODUCER TIER 3 541 W HONEYSUCKLE LN CANNABIS PROCESSOR SHELTON WA 98584 6802 13 . THE RAUCUS GROUP, LLC THE RAUCUS GROUP 413627 CANNABIS PRODUCER TIER 3 135 NE WATERHILL RD CANNABIS PROCESSOR TAHUYA WA 98588 9760 Cc:CMMRS Neatherlin, Shutty, Trask Clerk,{ ayVigow 1,kan ahvitl QU-VAI Washington State Liquor and Cannabis Board PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 JUL 14 2022 www.liq.wa.gov Fax N: (360) 753-2710 Mason County COr"►r111SSir1n{�rS July 06, 2022 Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8)(d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the 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 LIO 864 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 07/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20221031 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 SAFEWAY INC. SAFEWAY STORE #1571 082115 SPIRITS RETAILER 23961 NE STATE RT 3 BELFAIR WA 98528 0000 2 . HD'S TAVERN, LLC HD'S TAVERN 072049 SPIRITS/BR/WN REST LOUNGE - 24131 NE STATE ROUTE 3 KEGS TO GO BELFAIR WA 98528 9626 3 . WSP1 LLC WESTSIDE PIZZA 430343 BEER/WINE REST - BEER/WINE 23730 NE STATE ROUTE 3 BEER/WINE REST - BEER/WINE BELFAIR WA 98528 9814 4 . AJS WINE, LLC STOTTLE WINERY 409435 DOMESTIC WINERY < 250,000 ADDL LOG 24180 HIGHWAY 101 HOODSPORT WA 98548 0000 5 . HOODSPORT WINERY, INC. HOODSPORT WINERY 354432 DOMESTIC WINERY < 250,000 LITERS 23501 N US HWY 101 DIRECT SHIPMENT RECEIVER-IN/OUT WA HOODSPORT WA 98548 9731 BEER/WINE SPECIALTY SHOP 6 . UNION SQUARE DELI, LLC UNION SQUARE DELI 087370 SPIRITS/BR/WN REST LOUNGE + 310 E DALBY RD STE 100 OFF-PREMISES SALE WINE UNION WA 98592 9611 Cc:CMMRS Neatherlin, Shutty, Trask Clerk,lAk,�-�V-4, kj Qgt Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 Emailed to: jcpremiumroast@gmail.com RECEIVED July 20, 2022 M AND R DISTRIBUTING Mason County SHELTON, WA 98584 Commissioners 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 September 14, 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 /JMA Licensing & Regulation T: 360 664-1600 cc: Mason County Silverdale Enforcement Finance: LIQ1298 9/17 Cc:CMMRS Neatherlin, Shutty, Trask Clerk ,^(lUlfW11'111V\QIkp1, AgVVft VQWVA WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P O Box 43075 Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 RECEIVED TO: MASON COUNTY COMMISSIONERS JULY 21, 2022 i ' SPECIAL OCCASION #: 097450 J� 2 12022 HARSTINE ISLAND WOMEN'S CLUB Mason County 3371 E HARSTINE ISLAND RD N CO►71n11SSldn�'r5 SHELTON, WA 98584 DATE: SEPTEMBER 2, 2022 TIME: 5:00 PM TO 8:00 PM PLACE: HARSTINE ISLAND COMMNUNITY CLUB - 3371 E HARSTINE ISLAND RD N, SHELTON CONTACT: BECKY ROWLEY (DOB: 12.17.1951) 360-426-6773 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * —Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE EGO r Boa 1 l.l�f.. MASON COUNTY COMMIS, VERS � 411 NORTH FIFTH STREET Mason County SHELTON WA 98584 Cormi 7ax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 462-5269 M54 I AM SEEKING APPOINTMENT TO CLuA-"4 ��� IPY �i✓V�'1\`a� NAME: ADDRESS: PHONE: CITY///I���ZIP:// &TING PRECINCT: WORK PHONE: ��� {OR AREA IN THE COUNTY YOU UVE} E-MAIL COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: �' /S S . 4• A- YRS V POSITION: AW 0 L4 -S • COMPANY: 2509/00-/4 `G YRS Z� G • le/1 fL4 �/7I�Lo�,/�F POSITION: I"Z%Cjfl T TEST S wI�o�2-� In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: What interests, skills do you wish to offer the Board, Committee, or Council? Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? _.........._..yam Realistically,how mu time can you give to this position? Ou e Monthly Weekly Daily r� Office Use Only, Appointment Date Signature Date Term Expire Date RECEIVED .f U L 2 5 2022 Mason County Dear Mason County Community Services, Commissioners My husband and I just purchased the home at 21 E Miracle Heights Dr. this winter. We have several concerns about the Roam Wolfdog Sanctuary and strongly oppose their being granted a special use permit. First, Miracle Heights is a private road on an easement that runs the length of our property. This road has been wonderfully maintained by our neighbor Paul. We fear that the increased traffic will cause increased wear to the road. Not only that, because it is a gravel road, there will be an increase in dirt and dust as well as noise as cars travel to and from the sanctuary, especially given that tourist parking is onsite. Our kids regularly ride their bikes on this road and increased traffic poses a significant safety concern. Second, we have major concerns about barking and howling. I know they mention in their application that the wolf dogs don't howl much, and they don't ever bark. I find it hard to believe considering they are part dog, and in our experience, dogs bark, especially when enclosed near others of their own species. The idea that wolf-dog hybrids don't bark is just factually incorrect. Wolves in the wild are known to bark. The Washington Department of Fish and Wildlife has a YouTube video released last year of a wild wolf barking in Washington state (https://www.youtube.com/watch?v=Kg5eXDdhsYO). We fell in love with our house and property because of the peace and quiet. When we first moved in, we loved to watch the deer that would come into our yard every night. We haven't seen a single deer on our property since the wolf dogs were brought to their property. While looking through their application materials we noticed that despite having 40 acres of land, they are predominately planning on using only a small fraction of that land. The location of the wolfdog enclosures is in the corner of their property closest to our property. We don't understand why they are choosing to put their enclosures on this part of their property instead of farther away from our property and home, especially given the presence of young children. We find it upsetting that they chose to buy this property in the middle of several residential homes without realizing the impact it would have on those people. Why not buy property that is more isolated from residential properties? The nearest proposed enclosures will be about a hundred and fifty yards from our home and a couple of hundred from where our children play. We have concerns about the safety of our children and their friends. We have four children including a young daughter who is 6 years old. She is particularly fond of climbing the hill behind our house, which would bring her very close to the wolf-hybrid enclosures. All it would take is for one tree to fall over and the wolf dogs would be able to escape. The strongest fence is not capable of withstanding a falling tree, and with 40 acres of heavily forested property, the likelihood of falling trees and heavy branches, especially given the high winds we experience, is considerable. The idea that 2 or even 3 fences are necessary for safely containing them is not a good sign from our perspective and would be overkill if we were talking about common domestic animals. Considering the measures they are taking to keep them in, I can only assume that these animals have the potential to be extremely dangerous, especially in a pack. Their proposal (exhibit 2) suggests 9 freezers will be necessary to store meat products to feed the wolf-hybrids. We are talking about a large amount of predators enclosed in a relatively limited amount of space. There is a reason why 8 states have outright banned wolf-dog hybrid ownership at the state/district level with hundreds of municipalities and counties banning ownership at more local levels. The safety of wolf-dog hybrid ownership is controversial and 1 MM in liability insurance feels far from adequate. Ultimately, if the county chooses to approve this usage, they will be accepting a portion of the liability if something were to happen. As my husband and I have spoken with other neighbors, many have felt upset at how Jodi and Troy have gone about this. We met them when they came to our home to ask about why we have our own driveway next to the easement. We actually don't know because we didn't put it in. They were upset because Brad and Paul were widening the road into their property even though the easement states they are allowed to do that. While speaking with them, I asked Jodi if she had plans to expand and get more wolf dogs. She told us that they only had one enclosure about an acre big with 3 wolf dogs. She didn't mention they planned on building five more enclosures that would one day house 2 wolf-hybrids each. It's upsetting that she wasn't up front with me and how she seemed to avoid the question. We are also upset that they posted their public notice about this hearing up at their driveway instead of down by 101 where more people could see it, especially considering that we are the most likely to be impacted. We only found out about this hearing because the county sent us a letter. Lastly, how is a wolf dog sanctuary in my backyard going to affect the property value of my home? We just spent $800,000 on our house less than 6 months ago. We've been working hard to improve our home and its value. I fear that there will be nothing we can do to help increase the value of our home once there is a wolfdog sanctuary a stone's throw away from our bedroom window. We believe that the proposed use will likely be detrimental to public health, safety, and welfare and will definitely have a significant impact upon existing uses on adjacent lands. Thank you for your time. We hope you will take our concerns into serious consideration. Best Regards, Amanda and Aaron Duke 21 E Miracle Heights Dr, Shelton, WA 2022 Q2 Report: Economic Development Council of Mason County The Mason EDC is the lead designated economic development agency for Mason County.We represent the County and local businesses on a number of statewide, national and international issues.At the heart of the work the EDC does are four main principles: • RECRUIT investment and employment opportunities to the region, • RETAIN existing local businesses by providing technical assistance and advocacy, and • EXPAND operational capacity for local employers by providing them with new market opportunities. • COORDINATE economic development efforts in Mason County,the region, and the state. 2022 Scope of Services Z CONTRACTOR to provide a budget by expense category totaling$90,000 for the 2022, one-year contract to the BOCC within fifteen days (15) of contract execution. 0 CONTRACTOR to provide update to Board of County Commissioner... Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work during public testimony at commission meetings. Q2: We continue our regular briefings to the BOCC through Zoom RECRUITMENT&MARKETING 0 CONTRACTOR to market Mason County as excellent locations to expand or relocate ... Deliverable: number of businesses contacted. Q2: New leads: 7 Potentials Pipeline: 4 Sites: Industrial Land -Work beginning on examination of current industrial land and potential development areas. Commercial sites- identification of potential projects areas, review of current infrastructure, assessment of needed infrastructure to make marketable. Q CONTRACTOR to provide site location assistance ... Deliverable: Quarterly list of project names. Q2: Project SoRna Project Symbiosis Project Alfred �(`Yi4i it U Project Hotel �+ Project File Project Hospitality Development JUL 2 5 2029L BUSINESS RETENTION & EXPANSION ACTIVITIES Mason County Commissioners Deliverable: quarterly dashboard of communication analytics. Q2: UAS C AR OFI ` YTIM-2022 W E BSITE 2017 2034 48.37% SOCIAL MEDIA + .�• + •+ Followers:2,276 Followers:261 New Followers:259 New Followers:18 Page Views:243 New Posts:12 Likes: 1220 Post Reach:50,027 CONTRACTOR to provide business retention and expansion services ... Our BRE program continues to move forward with business visits and meetings held at the business owner's preference while Covid variants/cases continue to rise. This program incorporates a wide range of tools and services designed to help local businesses become more competitive and to grow where they are rather than relocate. Our outreach during the pandemic strengthened our business relationships and introduced us to existing businesses we hadn't met with. Deliverable: number of businesses visited. Q2: 32 in person, 700+via email Deliverable: number of follow-ups with existing businesses. Q2: We followed up with over 17 (� CONTRACTOR to participate ... in the coordination of the job skills training program and the customized training program within its region. Q2: CDBG Business Builder Course continue in person and via Zoom. Attendance has still been an issue due to entrepreneurs' busy schedules and continued Covid cases. Q2: We actively work with the Ridge Motorsports Park to assist with the educational and instructional opportunities they bring to the area. Q2: We support and market the Scale Up,Size Up, and Thrive programs through our partnership with the Washington State Department of Commerce. BUSINESS ASSISTANCE 21 CONTRACTOR to provide or facilitate the provision of export assistance. 21 CONTRACTOR to provide business assistance ... Deliverable: number of businesses that direct assistance was provided. Q2: Approximately 60+ businesses and nonprofits were provided assistance on funding opportunities for business,festival and nonprofit grants, real estate investment funding as well as contacts and business development services. Deliverable: and number of follow-up interactions. Q2: Approximately 20 for the quarter. We have in person visits again and continue to make phones following up on businesses to make sure that they are doing ok and provide them with links or contacts for specific services and upcoming funding opportunities. READINESS&CAPACITY BUILDING 0 CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. 21 CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. Q2—Our robust Mason EDC Pandemic Impact Report is complete: • Unemployment Rate • Establishment Count • Cluster Performance • Cluster Recovery Forecast • Individual Industry Impact • Individual Recovery Forecast • Current Unemployment by Occupations Type • Occupational Recovery Forecast • Gross Domestic Product(GDP) • GDP Sources • Sales Tax Revenues Because of the in-depth detail and time, it will take it will be provided by August. 0 CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. 0 CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. o Opportunity Zones 0 CONTRACTOR to provide an annual snapshot of local economic conditions... Deliverable: Economic Vitality index will be complied and provided in December 2022. NEWS RELEASE August 2, 2022 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360)427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Awarded $2.027 Million for Bridge Projects The Board of County Commissioners are pleased to announce that Mason County Public Works Department has been awarded $2.027 million by Federal Local Bridge Program. The Federal Local Bridge Program provides funding under the National Highway Performance Program (NHPP) used to improve the condition of city or county owned bridges through replacement, rehabilitation and preventative maintenance. Public Work was awarded $167,000 to replace the south timber pile on the North Fork Goldsborough Bridge on Little Egypt Road with concrete pile cape and $1,860,000 to replace the Toonerville Bridge on Bear Creek Dewatto Road with a new 70-foot bridge. Both projects will be fully funded and scheduled to be completed in 2023. Special thank you to the Public Works Engineering and Construction team on securing these funds and continuing to improve critical infrastructures within our community. If you have any questions, please contact Public Works at (360) 427-9670, Belfair (360) 275-4467, ext. 450. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner NORTH FORK GOLDSBOROUGH BRIDGE LITTLE EGYPT ROAD - r. 2023 Project Replacing south timber cap with a concrete pile cap -E 1 K W 2016 Project Replaced the north timber pile cap with new concrete pile cap . 4 _ TOONERVILLE BRIDGE BEAR CREEK DEWATTO ROAD MW -et r'f r W z91 lop-w r- i. North Fork Goldsborough Bridge (Little Egypt Road) offish 1 {� o� Joke / `� .� sih,vat[rlD�P\�e A qQ �— Ck MP 0.33 J :I Thr { ' `\ \p o on Peo err I /I� \ � . .. ♦rr^fir \t!\`�l i l v 'V �otfee<re` Q : 0 1.5 3 �� 4 mill \\ 'tCNfEKv R t ° J �Tbonerville Bridge (Bear Creek Dewatto Road) E E Like 1 &ick_n BEAR CREEK DEWATTO RD rake \\1 N o .ffirksrrt@h 1 LlA%l J � F = Op t 4 NE C � ~•� Q r' . 0 1 Miles o° NEWS RELEASE August 5th, 2022 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Request for Qualifications Eviction Rental Prevention Mason County local government is seeking subgrantees to provide direct services for rental assistance through the new permanent eviction program. Mason County is looking for qualified candidates that have successfully implement eviction prevention program or homeless prevention programs, have been under a state or federal contract, and have a contract or MOU with a by and for subgrantee. Mason County are grantees from the Department of Commerce and subgrantee will need to be able to follow all guidelines through the Department of Commerce. The new permanent eviction program will be attached with the Consolidated Homeless Grant. Application materials can be found on the Mason County website under the "Request for Proposals / Qualifications" section at: http://www.co.mason.wa.us/ CONTACT PERSON: Haley Foelsch Community Health Specialist I Community Services and Public Health 415 N. 6th St. Shelton, WA 98584 Phone: (360) 427-9670 ext. 704 Email: haley @masoncountywa.gov BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Commissioner Commissioner Chair BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of July 4,2022 Wednesday,July 6,2022 9:00 A.M. Belfair Sewer Bid Review Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mark Neary discussed the proposed extension to the Belfair sewer. Bids have been received and additional information is ready to be presented. The recommendation is to move forward and accept a bid at the July 19,2022 Regular Commission meeting. Included in the packet are assumptions regarding rates and capital facilities charges(CFCs)for illustration purposes. It is not expected that the Board decides regarding rates at this time. CFCs are the rates that individuals pay when they connect to the system. The cost of infrastructure will increase as the utility expands,therefore the CFC charges should increase. • Loretta shared an overview of expected project costs including land estimates,construction, and construction services that would be contracted out for construction and inspection. This cost will range from$5,027,500 to$5,174,500. The land is approximately 80,000 square feet and includes an easement to construct the trunk line and a fee acquisition to construct the lift station on. The County is working with two property owners that control the easements—the Navy for the railroad crossing and David Overton who is willing to donate property. For the Navy,the survey and legal description is being recorded and transfer fees for the acquisition are underway. A contract is needed for an engineering firm to manage overall construction and provide inspection services. The existing Commerce grant has a remaining balance of— $1.1 million and these activities will be paid for under this grant. The Commerce loan has interest incentives if the project is completed prior to April 9,2025. Bids are good for 60 days after opening,the last day to award would be July 26,2022. The estimated overall project cost is$5 million. It is assumed that the Commerce loan has 5%loan forgiveness. For revenue assumption,the CFCs are from existing permitted projects and there are no CFC assumptions beyond 2029. It is also assumed that CFCs are reserved and used for future capital. There are three different utility rate scenarios for comparison purposes—do nothing, max tolerable,and gradual rate increase. Operating expenses are assumed to increase 3% annually and existing debt to be paid off in 2027 with REET reserves. New debt service would begin in 2024 if this project moves forward. Capital expenditures are itemized. • Richard Dickinson shared the residential,multi-family,and commercial ERU numbers. 422 at the beginning of the year and 549 at the end. The remaining multi-family will be brought on in 2023. In 2024 Olympic Ridge will build 20 new homes,30 in 2025,20 in 2026,and this continues until 2030. In 2030 there will be 794 ERUs. The max tolerable rate is$114.73 which is equivalent to the$96 a month determined in 2012 inflated to today's rate. It is 2.2% of the median income for Mason County. The estimated revenue at max tolerable is nearly $600k,currently it is—$509k. Operations and maintenance(O&M)budget is$725,970. At the time there is not enough revenue to cover O&M. The max tolerable rate goes up 3%per year indefinitely. If increased by 4%,it is possible to catch up in 2040. $641,300 was collected from multi-family last year. This year$510k has been collected so far. Revenue will be collected until the Olympic Ridge project is built out for an additional 144 homes. The numbers for debt service option B were shared. • Mark added that legislature gave the County money to retire the Department of Ecology loans. $800k per year through 2027 is coming into the Belfair sewer fund to pay for debt. $200k to$450k is coming out of the.09 fund to help with debt and any amount not able to cover general operational costs. The Board has secured$400k per year so that by the end of Page I 1 2027,the County will have reserved enough money to pay off all existing remaining general obligation bonds. All that would remain would be debt associated with this project. • Richard discussed debt service B and the debt service capital expenditures that are expected. The total debt for 2022 will require$800k in REET,—$194k in.09 funds,and$330k in American Rescue Plan Act(ARPA)funds for a total of$1,834,321.46. The estimated revenue from rates in 2024 ranges from$658,391.04 to$834,764.79 and estimated total debt is—$2.527 million for debt service B and—$2.511 million for debt service A plus—$580k of capital expenses. This would require—$618k of CFCs,$800k of REET,and$450k of.09 funds. Capital expenditures are listed in the general sewer plan. 2027 is the last year to pay off the existing debt. In 2026 there will be—$2.85 million deficit due to a$3.38 million spray field expansion project that is estimated to be needed. The spray field project is connected to growth. Last year,due to the weather and seepage,the spray field was not used at all. • Mark shared that as projects come up,new funding opportunities may arise through grants, the legislature,or through the federal government. The County will also work with the Department of Ecology to determine the extent of what the spray field will require. The 5% loan forgiveness is given upfront. When Olympic View and Olympic Ridge is completed, that is an additional 358 ERUs. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice-Chair Commission Page 12 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Cassidy Perkins Action Agenda: _x_ Public Hearing: Other: Department: Support Services Ext: 419 Date: August 2, 2022 Agenda Item # 8.1 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# 8089181-8089704 $ 4,907,598.63 Direct Deposit Fund Warrant# 88855-89247 $ 805,207.07 Salary Clearing Fund Warrant# 7006786-7006811 $ 534,254.31 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 $ 24,742,601.74 Direct Deposit YTD Total $ 11,187,036.37 Salary Clearing YTD Total $ 11,202,674.44 Approval of Treasure Electronic Remittances YTD Total $ 6,716,673.40 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8089181-8089704 $ 4,907,598.63 Direct Deposit Fund Warrant# 88855-89247 $ 805,207.07 Salary Clearing Fund Warrant# 7006786-7006811 $ 534,254.31 Treasure Electronic Remittance $ Attachment(s): Originals on file with Auditor/Financial Services (copies on file with the Clerk of Board) Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks&Trails Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 18,2022 Agenda Date: August 2,2022 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: B.2 Approved: ❑Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item Mason County Search and Rescue Dive Team Background/Executive Summary: Mason County is a non-profit organization that assists in Mason County when a recovery is necessary regarding water. The team has had challenges over the past two years. The Dive Team was out of compliance and suspended from responding to Mason County incidents until their training and required certification was up to date. Member dive physicals and dive equipment inspection is necessary to meet certification. Compliance with RCW 58.52 is required consisting of multiple functions of the County government's responsibility to oversee. Mason County Department of Emergency Management(DEM)is the oversight agency to ensure all members are trained and certified before issuing incident numbers requiring their deployment. To ensure the team members' capability, DEM recommends the County fund the initial cost of individual physicals and dive equipment inspections to bring the Dive Team current. Additionally, DEM recommends that the County fund the annual cost of maintaining the certification for each member. The Dive Team currently consists of eight members. Budeet Impact(amount, funding source,budget amendment): Initial cost to bring team members current $5,840 Estimated annual costs $4,900 Public Outreach(news release,community meeting, etc.): Mason County is a summer destination for people who are outdoor enthusiasts. The availability of outdoor water activities brings an expectation that when necessary to protect life,an emergency call will activate the Mason County Search and Rescue Dive Team,which is currently not operational. Mason County Agenda Request Form Requested Action: Approval to fund the initial costs to bring the Mason County Search and Rescue Dive Team current with certifications and compliance and to fund the estimated annual cost to maintain the Dive Team's deployment requirements. Attachments: Itemized initial cost estimate created by DEM SEARCH AND RESCUE Dive Team Initial Qualification Costs ITEM COST #DIVERS TOTAL COST Dive Equipment Inspection $150 8 $1,200 US DOT Hydrostatic Test $50.00 8 $400 *Scuba Cylinder Inspection $30 8 $240 Dive Physical (Total Cost) $440 8 $3,520 Total Costs ///////////////// /////////////// $5,360 Reserve Tanks Hydrostatic Test $30 16 $480 Total Costs ///////////////// ////////////// $5,840 AS OF 06/28/2022 *The cost is $15 per tank, allowing 2 tanks per diver, plus 16 tanks in reserve. TIME LINE FOR INSPECTIONS: Equipment: As soon as possible Dive Physicals: Could start as soon as possible, but could take a month or more. MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Melissa Casey/ Haley Foelsch Action Agenda: _X_ Public Hearing: Other: Department: Public Health Ext: 404/704 Date: 8/2/2022 Agenda Item # E3. 3 Commissioner staff to complete) Briefing Date:7/18/2022 Briefing Presented By: Melissa Casey [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Request for Qualification for permanent eviction program Background: There is currently a new eviction program in the works through the Department of Commerce through the Consolidated Homeless Grant. Mason County would like to put out a news release and start a Request for Qualifications process in the community to be fair and equitable. Budget Impact(s): None Recommended Action: Approval of news release and approval to move forward in RFQ process and approved of application material on website. Attachment(s): News Release MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Melissa Casey/ Haley Foelsch Action Agenda: _X_ Public Hearing: Other: Department: Public Health Ext: 404/704 Date: 8/2/2022 Agenda Item # g.4 Commissioner staff to com lete Briefing Date:7/18/2022 Briefing Presented By: Melissa Casey [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Emergency Solutions Grant COVID-19 Amendments Background: Emergency Solutions Grant is used to prevent, prepare for, and respond to coronavirus pandemic. The Emergency Solution Grant COVID-19 started in 2020 and through the amendment will extend contact September 30,2023. Budget Imaact(s); None Recommended Action: Approval of amendments. Attachment(s): ESG-CV Amendment D, CH Amendment 2, and SFC Amendment 2 Amendment Contract Number:20-4613C-117 Amendment:D Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Emergency Solutions Grant—COVID 19 1.Grantee 2.Contractor Doing Business As(optional) Mason County Health Services 415 N 6TH ST N/A SHELTON,WA 98584 3.Grantee Representative 4.COMMERCE Representative Todd Parker Kim Murillo 1011 Plum Street SE Housing&Mental Health Program Coordinator Grant Manager Olympia,Washington,98504- (360)427-9670 Ext 293 (360)725-2763 2525 tparker@co,mason.wa.us kim.murillo@commerce.wa.gov 5.Original Grant Amount 6.Amendment Amount 7.New Grant Amount (and any previous amendments) $1,017,922 $0 $1,017,922 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: X State: Other: N/A: July 1,2022 September 30,2023 11.Federal Funds(as applicable): Federal Agency: CFDA Number: $1,017,922 HUD 14.231 12.Amendment Purpose: Extends contract end date,adds acknowledgement of federal funds,and adds requirement to report fraud or other loss. COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment"A"—Scope of Work,Attachment`B"—Budget.A copy of this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee.Any reference in the original Grant to the"Grant"shall mean the"Grant as Amended". FOR GRANTEE FOR COMMERCE Signature Diane Klontz,Assistant Director Community Services and Housing Division Print Name and Title Date APPROVED AS TO FORM ONLY Date Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce Amendment This Grant is amended as follows: Attachment A Scope of Work Scope of Work is revised to include the following: • Grantees must spend ESG-CV funds within the following deadlines: o All funds must be expended by September 30, 2023. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: 07/01/2020 Federal Award Identification Number(FAIN): E-20-DW-53-0001 Total amount of the federal award: $56,092,302 Awarding official: U.S. Dept. of Housing and Urban Development(HUD) The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: This project was supported by a grant awarded by U.S. Department of Housing and Urban Development. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Housing and Urban Development. Grant funds are administered by the Homelessness Assistance Unit, Washington State Department of Commerce. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. ALL OTHER TERMS AND CONDITIONS OF THIS GRANT REMAIN IN FULL FORCE AND EFFECT. 2 Contract Between Mason County and Crossroads Housing Professional Services Contract #CH:CaresAct.ESG-CV (MC Contract#20-070) Amendment # 2 The purpose of this amendment is to extend the amendment term. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUNDING SOURCE: CARES Act Emergency Solutions Grant—COVID 19 (ESG-CV) 2. AMENDMENT TERM: July 1,2022 to September 30,2023 3. EXHIBIT A—SCOPE OF WORK • Grantees must spend ESG-CV funds within the following deadlines: o All funds must be expended by September 30, 2023. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: 07/01/2020 Federal Award Identification Number (FAIN): E-20-DW-53-0001 Total amount of the federal award: $56,092,302 Awarding official: U.S. Dept. of Housing and Urban Development (HUD) The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: This project was supported by a grant awarded by U.S. Department of Housing and Urban Development. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Housing and Urban Development. Grant funds are administered by the Homelessness Assistance Unit, Washington State Department of Commerce. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2020. CONTRACTOR MASON COUNTY Tanya Frazier Kevin Shutty, Chair Executive Director, Crossroads Housing Mason County Board of County Commissioners 1 Contract Between Mason County and Shelton Family Center Professional Services Contract#SFC:CaresAct.ESG-CV (MC Contract#20-071) Amendment# 2 The purpose of this amendment is extent the amendment term. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUNDING SOURCE: CARES Act Emergency Solutions Grant—COVID 19 (ESG-CV) 2. AMENDMENT TERM: July 1,2022 to September 30,2023 3. EXHIBIT A—SCOPE OF WORK • Grantees must spend ESG-CV funds within the following deadlines: o All funds must be expended by September 30, 2023. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: 07/01/2020 Federal Award Identification Number(FAIN): E-20-DW-53-0001 Total amount of the federal award: $56,092,302 Awarding official: U.S. Dept. of Housing and Urban Development(HUD) The Contractor agrees that any publications(written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: This project was supported by a grant awarded by U.S. Department of Housing and Urban Development. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Housing and Urban Development. Grant funds are administered by the Homelessness Assistance Unit,Washington State Department of Commerce. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 2020. TRACTO MASON COUNTY Susan Kir hoff 7 Kevin Shutty, Chair Executive Director, Shelton Family Center Mason County Board of County Commissioners 1 Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Tammi Wright Action Agenda _X_ Public Hearing Other DEPARTMENT: Emergency Management EXT: 806 COMMISSION MEETING DATE: - Agenda Item # S,5 Commissioner staff to complete) BRIEFING DATE: 07-18-2022 BRIEFING PRESENTED BY: John Taylor [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public Assistance Grant #D22-283 for Presidential Disaster Declaration 4650- DR-WA (Winter Storm 2021) December 26, 2021 —January 15, 2022 BACKGROUND: A Presidential Disaster Declaration was issued (# FEMA-4650-DR- WA-Washington) for the sever winter storms, snowstorms, straight-line winds and flooding that struck Washington counties between December 26, 2021 and January 15, 2022. The following twelve counties: Cowlitz, Franklin, Grays Harbor, Jefferson, Klickitat, Lewis, Mason, Pacific, Skagit, Skamania, Thurston, and Wahkiakum Counties affected by these storms. FEMA will provide funds to Mason County (the SUBRECIPIENT) for response to sever winter storm by FEMA in project worksheets describing eligible scopes of work and associated funding. State EMD is the Recipient and Pass-through Entity of the Presidential Disaster Declaration # FEMA-4650-DR-WA. FEMA State Agreement, which are incorporated by reference, and makes a sub-award of Federal award funds to the SUBRECIPIENT (Mason County) pursuant to this Agreement. Public Assistance Grant Agreement will be reviewed by Mason County Prosecuting Attorney's Office and is approved to form. BUDGET IMPACTS: Amount to be received is still to be determined, based upon approved project worksheets. RECOMMENDED ACTION: Approve John Taylor and Tammi Wright to sign the Public Assistance Grant Agreement D22-283. ATTACHMENT(S): Face sheet Public Assistance Grant Agreement of D22-283. \\Dem\dem\DEMCommon\Grant Information\FEMA-4650-DR-WA\BOCC\Commission Agenda Item Summary D22-238_07-19-2022.doc Washington State Military Department PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET 1. SUBRECIPIENT Name and Address: 2. Grant Agreement Amount: 3. Grant Number: Mason County To be determined, based upon 100 W Public Works Drive approved project worksheets D22-283 Shelton,WA 98584 4.SUBRECIPIENT, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: /jtaylor@masoncountywa.gov December 26,2021 March 29,2026 7. DEPARTMENT Program Manager, phone/email: 8. Unique Entity Identifier(UEI): 9. UBI#(state revenue): Gerard Urbas,(253)512-7402 gGgM.urbas@mil.wa.gov SNAXPBGW4VR4 232-002-101 10. Funding Authority: Washington State Military Department(the"DEPARTMENT"), and Federal Emergency Management Agency(FEMA) 11. Funding Source Agreement#: 12. Program Index# 13. Catalog of Federal Domestic Asst.(CFDA) 14. Federal EIN#: FEMA-4650-DR-WA 724ZC(Federal)/722ZE #&Title:97.036, Public Assistance 91-6001354 State /724ZD(Ad min) 15.Total Federal Award Amount: N/A 16. Federal Award Date: N/A 17. Service Districts: 18.Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 35 th Mason Certified?: X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 6 th ❑ YES, OMWBE# 20. Contract Classification: 21. Contract Type(check all that apply): ❑ Personal Services❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) ❑ Interagency 22. Contractor Selection Process: 23. Contractor Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 24. BRIEF DESCRIPTION: Presidential Disaster Declaration # FEMA-4650-DR-WA Severe Winter Storms, Snowstorms, Straight-line Winds, Flooding, Landslides, and Mudslides.To provide funds to the SUBRECIPIENT for emergency work and the repair or replacement of disaster-damaged facilities.as approved by FEMA in project worksheets describing eligible scopes of work and associated funding.The DEPARTMENT is the Recipient and Pass-through Entity of the Presidential Disaster Declaration#FEMA-4650-DR-WA Severe Winter Storms,Snowstorms, Straight-line Winds, Flooding,Landslides, and Mudslides, and FEMA State Agreement, which are incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this Agreement.The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF,the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, references and attachments hereto and have executed this Agreement as of the date and year written below.This Agreement Face Sheet,Special Terms and Conditions(Attachment 1),General Terms and Conditions (Attachment 2), Project Worksheet Sample (Attachment 3), Washington State Public Assistance Applicant Manual dated March 29, 2022(Attachment 4), and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations S.Special Terms and Conditions 2. DHS Standard Terms and Conditions 6. General Terms and Conditions,and, 3. Presidential Declaration, FEMA State Agreement, 7. Other provisions of the contract incorporated by reference. and other Documents 4. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s) WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Stacey McClain, Governor's Authorized Representative print or type name: Washington State Military Department APPROVED AS TO FORM: APPROVED AS TO FOR Dierk Meierbachtol (signature on file)6/9/2022 l Z Assistant Attorney General Cl NT's Attorney Date Public Assistance Grant Agreement Page 1 of 24 Mason County, D22-283 Attachment 1 Washington State Military Department SPECIAL TERMS AND CONDITIONS ARTICLE I — KEY PERSONNEL The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. SUBRECIPIENT MILITARY DEPARTMENT Name John Taylor Name Gerard Urbas Emergency Manager Deputy State Coordinating Officer Title Title Public Assistance E-Mail JTaylor(a-)-masoncountywa.gov E-Mail gaEy.urbasna mil.wa.aov Phone (360) 427-9670 ext 806 Phone (253) 512-7402 ARTICLE II -ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by FEMA applicable to the Presidential Declaration including, but not limited to, all criteria, restrictions, and requirements of the "FEMA State Agreement' published by FEMA and the federal regulations commonly applicable to FEMA grants, all of which are incorporated herein by reference. The Presidential Declaration and the FEMA State Agreement are incorporated in this Agreement by reference. The SUBRECIPIENT shall comply with the Washington State Public Assistance Applicant Manual dated March 29, 2022 incorporated in this Agreement as Attachment 4. The DHS Standard Terms and Conditions are incorporated by reference in this Agreement in Appendix F of the Washington State Public Assistance Applicant Manual dated March 29, 2022. The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. Federal funding is provided by FEMA and is administered by the DEPARTMENT. Under the authority of Presidential Disaster Declaration number FEMA-4650-DR-WA, the DEPARTMENT is reimbursing the SUBRECIPIENT for those approved eligible costs and activities necessary under the Public Assistance Grant Program during the incident period beginning December 26, 2021 to January 15, 2022. Eligible costs and activities will be identified in Project Worksheets approved by FEMA and a Project Worksheet Sample is incorporated as Attachment 3. The DEPARTMENT is also providing Advance Payments to the SUBRECIPIENT where provided by FEMA and required and allowed by law. Any interest earned on advance payments (except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C. 450)) shall be promptly, but at least quarterly, remitted to the DEPARTMENT to be paid to FEMA. The subrecipient may keep interest amounts up to $100 per year for administrative expenses. STATE AND FEDERAL REQUIREMENTS FOR PUBLIC ASSISTANCE GRANTS: The following requirements apply to all DHS/FEMA Presidential Disasters administered by the DEPARTMENT: 1. FUNDING The DEPARTMENT will administer the Public Assistance (PA) Grant Program, provide Advance payments, and reimburse approved eligible Public Assistance costs to the SUBRECIPIENT that are identified under the auspices of Presidential Disaster Declaration Number FEMA-4650-DR-WA and Public Assistance Grant Agreement Page 2 of 24 Mason County, D22-283 authorized by and consistent with the Stafford Act (P.L. 93-288, as amended) and applicable regulations. It is understood that no final dollar figure is committed to at the time that this Agreement is executed, but that financial commitments will be made by amendments to the project application as Project Worksheets are completed in the field and projects are authorized by state and federal officials. Pursuant to the FEMA-STATE AGREEMENT, FEMA will contribute not less than 90 percent of the eligible costs for any eligible project and 100 percent of the federal PA Management Costs, up to 5 percent of the total award amount for each Subrecipient, as provided for in subsection 3.E. of Article II of this Public Assistance Agreement. The SUBRECIPIENT commits to providing the remaining 10 percent non-federal match to any eligible project that has been identified under the Presidential Disaster Declaration number FEMA-4650--DR-WA, subject to the following exceptions: DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to provide a match to the SUBRECIPIENT's non-federal share of eligible projects. Provision of a match by the DEPARTMENT, if authorized by the Washington State Legislature, shall not require amendment of this Agreement. If DEPARTMENT match funds are committed to the non-federal share by the DEPARTMENT pursuant to legislative authorization, the DEPARTMENT will formally notify the SUBRECIPIENT of the match in writing which will include information identifying any related reduction in the SUBRECIPIENT's percentage commitment. Donated Resources: FEMA will credit the SUBRECIPIENT for the value of donated resources (non- cash contributions of property or services) related to eligible Emergency Work to offset the non-Federal cost share of its eligible Emergency Work project worksheets—categories A and B, and for the value of donated resources related to eligible work on a Permanent Work project to offset the non-Federal cost share of that specific Permanent Work project worksheet for which the resources were donated — categories C through G. The Donated Resources are recognized by FEMA in a Project Worksheet. Donated Resources offset the non-federal share of the eligible emergency work approved in Project Worksheets or specific permanent work approved in Project Worksheets. For non-state agency SUBRECIPIENTS, the donated resource value will first be applied to the SUBRECIPIENT's non-federal share, and, if a DEPARTMENT match is authorized, any remaining donated resource value will be applied to the DEPARTMENT's share. The value of the Donated Resources is calculated as described in Public Assistance Program and Policy Guide VA (PAPPG), and is capped at the non-Federal share of approved eligible emergency work costs or capped at the non-Federal share of the specific approved eligible permanent work costs, as applicable. The Federal share of the Donated Resources will not exceed the non-federal share of eligible emergency work costs or of specific permanent work costs approved in Project Worksheets. Any excess credit for eligible emergency work costs can be credited only to other eligible emergency work costs, for the same SUBRECIPIENT in the same disaster. The value of excess donated resources cannot be credited toward or transferred to another eligible SUBRECIPIENT, or toward other State obligations. The DEPARTMENT does not match a FEMA donated resource credit. The Project Worksheet, sample provided in Attachment 3, is required to be completed by FEMA or State Project Specialists. 2. GRANT AGREEMENT PERIOD a. Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this Agreement shall be those activities which occurred during or subsequent to the incident period defined in the FEMA State Agreement and shall terminate upon completion of the project(s) approved by federal and state officials, including completion of close-out and audit. This period shall be referred to as the "Grant Agreement Period." b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA approval of the Grant Agreement Period followed up with a mutually agreed written amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT issued by the DEPARTMENT to address extensions of its underlying federal grant performance period or to provide additional time for completion of the SUBRECIPIENT's project(s). Public Assistance Grant Agreement Page 3 of 24 Mason County, D22-283 3. PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from FEMA, shall issue payments to the SUBRECIPIENT in compliance with the Washington State Public Assistance Applicant Manual dated March 29, 2022 (Attachment 4) procedures as follows: a. Small Project Payments: Payments are made for all small projects to the SUBRECIPIENT upon submission and approval of an A19-1A State of Washington Invoice Voucher to the DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets. b. Progress Payments: Progress payment of funds for costs already incurred on large projects minus 10 percent retainage may be made to the SUBRECIPIENT upon submission by the SUBRECIPIENT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a spreadsheet identifying the claimed costs supporting the payment request and approval by the DEPARTMENT. c. Improved Projects: Payments on improved projects (capped project) will be pro-rated based upon the percentage of the project that is funded under this disaster grant to the overall project cost. This percentage will be identified when the first payment on the improved project is made. Progress payments will be made as outlined above in Section B. d. Final Payment: Final Payment on a large project will be made following submission by the SUBRECIPIENT of a certification of completion on the STATEMENT OF DOCUMENTATION / FINAL INSPECTION REPORT form upon completion of project(s), completion of all final inspections by the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include any retainage withheld during progress payments. Final payments may also be conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United States Inspector General or other federal or state agency. e. The SUBRECIPIENT is eligible to receive federal PA Management Costs up to 5 percent of the total award amount obligated for each Subrecipient at the time of its request. PA Management Costs includes any of the following when associated with the PA portion of a major disaster or emergency: Indirect costs, direct administrative costs, and other administrative expenses associated with a specific project. Documentation is required to substantiate the eligibility of management activities and associated costs in accordance with PA Management Costs Interim Policy—Standard Operating Procedures. f. All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher. Payments will be made by electronic fund transfer to the SUBRECIPIENT's account. g. Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs under Presidential Disaster Declaration number FEMA-4650-DR-WA. h. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures, transfer payment to the SUBRECIPIENT. Payment will be transferred by journal voucher to Agency No. , Accounting Fund No. i. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits, printing, equipment, and other goods and services will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. j. For travel costs, SUBRECIPIENTs shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most restrictive. k. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by DEPARTMENT Key Personnel. I. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the SUBRECIPIENT consistent with record retention Public Assistance Grant Agreement Page 4 of 24 Mason County, D22-283 requirements of this Agreement, and be made available upon request by the DEPARTMENT, and local, state, or federal auditors. m. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the DEPARTMENT within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the DEPARTMENT. n. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the SUBRECIPIENT, its subrecipient or contractor, or any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced by the vendor. o. SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement existing funds, and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The SUBRECIPIENT may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. The DEPARTMENT shall provide Advance Payments as provided by FEMA and as required and authorized by law. 4. CLOSEOUT To initiate close-out, the SUBRECIPIENT is required to certify in writing, by Project Worksheet Number, date completed and total amount expended on the project, completion of the small projects. To initiate close-out of the large projects, the SUBRECIPIENT shall submit certification of completion on a STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT. The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the claimed costs. Certifications on small and large projects are due within sixty days following the completion of the project or receipt of the approved Project Worksheet, whichever date is later. If SUBRECIPIENT is claiming federal PA Management Costs: Indirect costs, direct administrative costs, and other administrative expenses associated with a specific project must be supported by documentation to substantiate the eligibility of management activities and associated costs that has been prepared and assembled in accordance with PA Management Costs Interim Policy — Standard Operating Procedures prior to close-out. After all of the projects have been certified as complete and approved for closure by FEMA, the DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the SUBRECIPIENT for release of the remaining funds due to the subrecipient for eligible costs, including any retainage previously withheld, and the allowance for federal indirect costs. 5. DOCUMENTATION / REPORTING REQUIREMENTS For all Advance Payment, the SUBRECIPIENT shall provide documentation and receipts for all costs related to the Advance Payment and provide such to the DEPARTMENT quarterly. The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and application of Public Assistance funds, including the federal indirect cost reimbursement, for six years following the closure of this disaster grant. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred. The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete the FFATA Form located at http://mil.wa.gov/emergency-management-division/grants/requiredgrantforms and return to the DEPARTMENT; which is incorporated by reference and made a part of this Agreement. Quarterly Reports: The SUBRECIPIENT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their large projects. The status shall identify the costs incurred to date, the Public Assistance Grant Agreement Page 5 of 24 Mason County, D22-283 percentage of work completed, the anticipated completion date of the project and whether cost under runs or over runs are expected. In addition, the SUBRECIPIENT should note in the comment field any challenges or issues associated with the project. Failure to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of all payments to the SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT. The quarterly report will serve as the basis for any FEMA Office of Chief Financial Officer(OCFO)funds reduction. 6. TIME EXTENSIONS A time extension request is required to be forwarded to the DEPARTMENT by the SUBRECIPIENT for a project prior to the expiration of the approved completion date. If the project is approved and funded after the statutory approval time period for completion, then a time extension request must be submitted to the DEPARTMENT within fifteen days of receipt of the funding package. In accordance with 44 CFR 206.204, the DEPARTMENT reserves the right, in its sole discretion, to consider and approve a time extension request after expiration of the approved completion date and within the DEPARTMENT's statutory extension authority. Requests for time extensions beyond the DEPARTMENT's authority will be considered and approved by FEMA, at their sole discretion. All determinations made regarding time extension requests will be based on a case by case evaluation of specific factual circumstances. A time extension request must be in writing and identify the Project Worksheet number, the reason the project has not been completed within the prior approved completion period, the reason the time extension request was not submitted prior to the statutory approval time period (if applicable), a current status of the completion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the completion of the remaining work. Failure to submit a time extension request in a timely manner may result in denial of the time extension request, and loss of funding for the related project. 7. PROCUREMENT The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit A.11. 8. SUBRECIPIENT MONITORING: a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to closeout. The goal of the DEPARTMENT's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall complete and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form located at http://mil.wa.gov/emergency-management-division/qrants/reguiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. C. Monitoring activities may include, but are not limited to: i. review of financial and performance reports; ii. monitoring and documenting the completion of Agreement deliverables; iii. documentation of phone calls, meetings, e-mails, and correspondence; iv. review of reimbursement requests and supporting documentation to ensure eligibility and consistency with Agreement work plan, budget, and federal requirements; v. observation and documentation of Agreement related activities; vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. Public Assistance Grant Agreement Page 6 of 24 Mason County, D22-283 d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above and in 2 CFR Part 200 Subpart F, for any non-federal entity to which the SUBRECIPIENT makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. If the SUBRECIPIENT fails to comply with federal or state statutes or regulations, or the terms and conditions of this Agreement, the DEPARTMENT may impose any additional subaward conditions as described in 2 CFR 200.208. If the DEPARTMENT determines that noncompliance cannot be remedied by imposing additional conditions, it may take one or more of the following actions: i. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT. ii. Wholly or partially suspend or terminate the subaward to the SUBRECIPIENT. iii. Initiate suspension or debarment proceedings under 2 CFR 180 or recommend such a proceeding be initiated by the federal awarding agency. iv. Withhold further federal awards for the project or program. v. Take any other remedies that may be legally available. f. The DEPARTMENT agrees to: i. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will coordinate and schedule the meetings necessary to conduct and complete all monitoring and evaluation activities. ii. Develop the SUBRECIPIENT's project worksheet(s) (PW) and supporting attachments with FEMA and the SUBRECIPIENT's assistance based upon the costs determined to beeligible. iii. Submit the SUBRECIPIENT's funding package to FEMA. iv. Notify the SUBRECIPIENT when funding approval is received, issue payment per the process described above see Article ll, A.4 — Payments, and provide the SUBRECIPIENT with a copy of the approved project worksheet. v. Work with the SUBRECIPIENT to resolve any issues identified during the monitoring process. vi. Review and respond appropriately to the SUBRECIPIENT's requests for time extensions and changes. i. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https•//www dhs gov/guidance-published-help-department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. A. FEMA STATE AGREEMENT TERMS AND CONDITIONS As a subrecipient of FEMA funding, the SUBRECIPIENT shall comply with all applicable DHS/FEMA terms and conditions of the Presidential Declaration and the FEMA State Agreement, which are Public Assistance Grant Agreement Page 7 of 24 Mason County, D22-283 incorporated in and made a part of this Agreement in Appendix F of the Washington State Public Assistance Applicant Manual dated March 29, 2022 (Attachment 4). Public Assistance Grant Agreement Page 8 of 24 Mason County, D22-283 Attachment 2 Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security(DHS)/ Federal Emergency Management Agency(FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the following terms will have the same meaning as defined in 2 CFR 200 Subpart A(which is incorporated herein by reference), except as otherwise set forth below: a. "DEPARTMENT' means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal award directly from a federal awarding agency and is pass-through entity making a subaward to a subrecipient under this Agreement. b. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the DEPARTMENT. However, the definition of "subrecipient" is the same as in 2 CFR 200.93 for all other purposes. "Monitoring Activities" means all administrative, construction, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. c. "Project" means those actions funded through the Public Assistance Program and described in approved Project Worksheets. Projects may include one or more of the following: reimbursement of costs for emergency response, debris removal and/or repair or restoration of damaged public facilities. A project may be a small, large, improved, or alternate project. d. "Investment Justification" means grant application investment justification submitted by the SUBRECIPIENT describing the project for which federal funding is sought and provided under this Agreement. Such grant application investment justification is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement, except as required under 2 CFR 200.305 for federal grants. SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such goods or services, except as authorized under 2 CFR 200.305, Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.0 §5121- 5207), Advance Payment process, FEMA may process a SUBRECIPIENT project worksheet which is provided to the state of Washington for direct disbursement to SUBRECIPIENT. Pursuant to these provisions and RCW 43.88.160(5), these grant funds are not subject to the advance payments prohibition and will be disbursed immediately to SUBRECIPIENT as grants authorized by law with subsequent authentication and certification of expenditures. A.3 AMENDMENTS AND MODIFICATIONS The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope change. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35, The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local Public Assistance Grant Agreement Page 9 of 24 Mason County, D22-283 government services, and telecommunication. A.5 APPLICATION REPRESENTATION-MISREPRESENTATION. INACCURACY AND BREACH The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. A.6 ASSURANCES DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. In addition, as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable DHS terms and conditions as specified in Appendix F of the Washington State Public Assistance Applicant Manual dated March 29, 2022 incorporated in this Agreement as Attachment 4. A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency- management-division/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this Agreement shall be incorporated into this Agreement by reference. Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that it will ensure that potential sub-contractors or sub-recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement)that are expected to equal or exceed $25,000, and sub-awards to sub-recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub- recipient or by checking the System for Award Management (http://www.sam.gov) maintained by the federal government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (his://secure.Ini.wa.gov/debarandstrike/ContractorDebarList.aspx). A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Public Assistance Grant Agreement Page 10 of 24 Mason County, D22-283 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60); Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act (PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Title 44 of the Federal Regulations, 2 CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. In the event of the SUBRECIPIENT's or its contractor's noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.11 CONTRACTING & PROCUREMENT a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of any contracts with contractors or sub-contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under this Agreement must include the following provisions, as applicable: 1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or Public Assistance Grant Agreement Page 11 of 24 Mason County, D22-283 legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2. All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis forsettlement. 3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract' in 41 CFR Part60- 1_3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144, and_ 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement' under 37 CFR &401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Public Assistance Grant Agreement Page 12 of 24 Mason County, D22-283 7. Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671g) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8. Debarment and Suspension (Executive Orders 12549 and 12689) -A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 10. Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Notice of Federal awarding agency requirements and regulations pertaining to reporting. 12. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13. Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14. Retention of all required records for six years after the SUBRECIPIENT has made final payments and all other pending matters are closed. 15. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). 16. Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for Infrastructure Projects," the DEPARTMENT encourages SUBRECIPIENTS to use, to the greatest extent practicable and consistent with the law, iron and aluminum as well as steel, cement and other manufactured products produced in the United States, in Public Assistance and Hazard Mitigation Grant Program eligible public infrastructure repair and construction projects affecting surface transportation, ports, water resources including sewer and drinking water and power. Such Public Assistance Grant Agreement Page 13 of 24 Mason County, D22-283 preference must be consistent with the law, including cost and contracting requirements of 2 CFR Part 200. 17. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and documents, and require the SUBRECIPIENT to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.326. The SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs. 18. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.12 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law, or court order. A.13 DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.14 DUPLICATION OF BENEFITS The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same loss from any other source. The SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance benefits for properties or any other losses covered in a project under this Agreement. The SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek recovery against any party or parties whose negligence or other intentional or tortious conduct may have caused or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will repay the DEPARTMENT any funds recovered by settlement, judgment or other court order in an action to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as possible and work in conjunction with the DEPARTMENT and FEMA to ensure appropriate apportionment of any duplicated or recovered payment. A.15 HAZARDOUS SUBSTANCES The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the presence of any hazardous substances at the proposed development/construction project site. The SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is defined in RCW 70A.305.020. A.16 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Public Assistance Grant Agreement Page 14 of 24 Mason County, D22-283 To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees. Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency Management Agency(FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.17 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement requests, certification of project completion, time extension requests, amendment and modification requests, requests for changes to project status, and other requests, certifications and documents authorized by or required under this Agreement. A.18 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or suspend all or part of the Agreement as a "Termination for Cause" without providing the SUBRECIPIENT an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the DEPARTMENT has no obligation to do so. A.19 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the SUBRECIPIENT. A.20 NONDISCRIMINATION The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. Public Assistance Grant Agreement Page 15 of 24 Mason County, D22-283 A.21 NOTICES The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT(OSHA/WISHA) The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUBRECIPIENT's performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply. A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the State of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.24 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.25 PRIVACY Personal information collected, used or acquired in connection with this agreement shall be used solely for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing or investigating may include but is not limited to "salting" by the DEPARTMENT. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT for any damages related to the SUBRECIPIENT's unauthorized use, loss or disclosure of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided; however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.27 PUBLICITY Public Assistance Grant Agreement Page 16 of 24 Mason County, D22-283 The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. The SUBRECIPIENT shall include language which acknowledges the funding contribution of the DEPARTMENT and FEMA to this project in any release or other publication developed or modified for, or referring to, the project. Publication resulting from work performed under this Agreement shall include an acknowledgement of the DEPARTMENT and FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.28 RECAPTURE PROVISION In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including attorney fees. A.29 RECORDS AND REPORTS a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement(the"records"). b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal working day. d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) year must be followed. A.30 RECOVERY OF FUNDS Any person who intentionally causes a condition for which funds are provided under this Agreement shall be liable for the costs incurred by the state and federal governments in responding to such disaster. In addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement. A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WOR IWORK PLAN While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains Public Assistance Grant Agreement Page 17 of 24 Mason County, D22-283 the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.32 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.33 SINGLE AUDIT ACT REQUIREMENTS (includina all AMENDMENTS) Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian Tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or subrecipient. SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GALAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or contractors also maintain auditable records. The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit. Once the single audit has been completed and includes and audit findings, the SUBRECIPIENT must send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9) months after the end of the SUBRECIPIENT's fiscal year(s) to: Public Assistance Grant Agreement Page 18 of 24 Mason County, D22-283 Contracts.Officea-mil.wa.gov Subject: Subrecipient Name, Single Audit and Corrective Action Plan OR Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 If Contractor claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENT must send a letter identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the SUBRECIPIENT's fiscal year(s) to the address listed above. The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUBRECIPIENT shall include the above audit requirements in any subawards. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENT's failure to comply with said audit requirements may result in one or more of the following actions in the DEPARTMENT's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.34 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the SUBRECIPIENT is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right and not by reason of this Agreement. A.35 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or regulation that are applicable to Agreement performance. A.36 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10)calendar days written notice, beginning on the second day after mailing to the Public Assistance Grant Agreement Page 19 of 24 Mason County, D22-283 SUBRECIPIENT. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided bylaw. A.37 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Agreement in whole or in part. The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBRECIPIENT an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENT's liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to perform was outside of the SUBRECIPIENT's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.38 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may require the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv)the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the Public Assistance Grant Agreement Page 20 of 24 Mason County, D22-283 liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUBRECIPIENT for termination. The DEPARTMENT may withhold from any amounts due the SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUBRECIPIENT shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub- contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, if the Agreement had been completed, would have been required to be furnished to the DEPARTMENT; f. Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Agreement which is in the possession of the SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest. A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES(MWBE) The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will take all necessary affirmative steps to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Agreement. The following steps are required by the subrecipient if any contracts with contractors or sub-contractors are entered into under the original contract award: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the State of Washington MWBE goals, as identified in. WAC 326-30-041. A.40 VENUE Public Assistance Grant Agreement Page 21 of 24 Mason County, D22-283 This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.41 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. Public Assistance Grant Agreement Page 22 of 24 Mason County, D22-283 Attachment 3 PROJECT WORKSHEET SAMPLE U.S.DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 1660-0017 PROJECT WORKSHEET PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not send your completed form to this address. DISASTER PROJECT NO. PA ID NO. DATE CATEGORY F - R DAMAGED FACILITY WORK COMPLETE AS OF: % SUBRECIPIENT COUNTY LOCATION LATITUDE LONGITUDE DAMAGE DESCRIPTION AND DIMENSIONS SCOPE OF WORK Does the Scope of Work change the pre-disaster conditions at the site? ❑ Yes ❑ No Special Considerations issues included? ❑ Yes ❑ No Hazard Mitigation proposal included?❑ Yes ❑ No Is there insurance coverage on this facility? ❑ Yes ❑ No PROJECT COST CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST T TOTAL COST PREPARED BY TITLE SIGNATURE SUBRECIPIENT REP. TITLE SIGNATURE Public Assistance Grant Agreement Page 23 of 24 Mason County, D22-283 FEMA Form 90-91,FEB 06 REPLACES ALL PREVIOUS EDITIONS. Public Assistance Grant Agreement Page 24 of 24 Mason County, D22-283 HOW TO COMPLETE THE SUPPLEMENTAL CONTRACTING DOCUMENTS Event Information: Disaster Number: 4650-DR-WA Event Name: Severe Winter Storms, Snowstorms, Straight-line Winds, Flooding, Landslides, and Mudslides Declaration Date: March 29,2022 Contract#: D22-282 FIPS #: j 045-99045-00 Step 1: Complete the following information to populate the forms. 1. Enter the date the forms will be submitted to EMD. Date forms will be submitted: 7/10/2022 2. Enter jurisdiction/organization/subgrantee name and address. Applicant Name: Mason Count Doing Business As: County: Mason Street Address: 100 W Public Works Drive Mailing Address: 100 W Public Works Drive City: Shelton I State: I WA I Zip: 198584 3. Enter tax identification number(TIN or EIN), state revenue# (UBI) and DUNS #. The TIN and DUNS are required. Tax Identification Number: 91-6001354 State Business#(UBI): 232-002-101 DUNS#: 069580751 UEI: SNAXPBGW4VR4 If you do not know your organization's DUNS #, please contact your comptroller, accountant, or finance department. They should be able to give it to you. Smaller jurisdictions (such as irrigation districts) may not already have one, but you can call Dun & Bradstreet at 1-866-705- 5711 and indicate that you are a Federal grant applicant. You can also call this number to see if you have a DUNS number. The number is assigned immediately. The following information is requested: • Legal Name • Headquarters name and address • Doing business as (DBA) or other name by which organization is commonly known or recognized • Physical Address, City, State and Zip Code • Mailing Address(if separate from Headquarters and/or physical address) • Telephone Number • Contact Name and Title • Number of Employees at physical location Please note:The DUNS number has to match the name on the Federal grant application (Request for Public Assistance) 4. Do you have an account already established with the State of Washington? Do you have an account already established with the State and have you received funds from the state within the past 2 years? (� Yes and the account information is current—we will need your Statewide Vendor Number,— please list it here: SWV-000189311 ❑ Yes, but I need to make changes to the account information—please continue to https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services , the Vendor/Payee registration website. Select Vendor/Payee Change form and complete per their instructions. ❑ No-please continue to https://ofm.wa.gov/it-systems/accounting-systems/statewide- vendorpayee-services , the Vendor/Payee registration website. Select Vendor/Payee 5. Complete the section above if you do not have an open account with the State of Washington or any changes need to be made. You may also need to complete this section if you have not received funds from the State for 2 years. This information will be filled in on page 13. If all information is current, skip this section. Section Below is the Authorized Financial Representative that will sign the Audit/ FFATA form. Contact Person: Leo Kim Phone: 360 427-9670 ext 472 Fax: Email: LKim(cbmasoncountywa.gov 6. Type of Applicant. Enter the letter corresponding to the type of applicant: I B A - State F— Higher Educational Institution B— County G — Indian Tribe C - City H — Private NonProfit D—School District I —Other(Specify) E — Special Purpose District (includes Diking Districts, Fire Districts, Water Districts, etc.) If I: Other, specify type of organization (this is rare) 7. Enter congressional district numbers and legislative district numbers located within in your jurisdiction. If you don't know them, check out http://app.leg.wa.gov/districtfinder/ Congressional District Number(s): 35 Legislative District Number(s): 16 8. Enter information regarding the primary contact. This is the person who will be our main day-to-day contact and will be signing most documents, such as time extensions, A-19 invoices, SOD/FIR, etc. This person must be named in the designation letter or resolution as the applicant agent. It is recommended that this person not be the authorizing authoritysuch as the mayor or superintendent. Name: John Taylor Title: Emergency Manaqer Phone: 360 748-9261 Fax: Email: 'ta for masoncountVwa.gov 9. Enter information regarding the alternate agent. This person can also sign documents, such as time extensions, A-19 invoices, SOD/FIR, etc. and must benamed in the designation letter or resolution as the alternate. Name: Tammi Wright Title: EM Senior Planner Phone: 360 427-9670 ext 800/ 360 490-6607 Fax: Email: tammiw(cDmasoncountvwa.gov 10. If the highest elected official or head authorizing authority is to be the applicant agent or alternate, then a resolution format must be used to designate the applicant agent and alternate. This section can be skipped if the highest elected official or head authorizing authority is not to be the applicant agent or alternate. This section can also be skipped if the jurisdiction has its own resolution format. Examples of governing body are the County Board of Commissioners, City Council, and School Board. Date of resolution: I Day: Month: Year: Governing Body: I Mason County Board of Countv Commissioners Individual certifying that the resolution is true and correct copy (usually clerk) Name: I I Title: Date certifying resolution: 11. Enter the name, title, and term of office for the highest elected official or highest authorizing authority. This needs to be the person signing the designation letter or the person(s) signing the resolution. At least one is required. This person cannot be the applicant agent or alternate in sections 8 and 9. Name: Kevin Shutty Title: Commissioner Chair Name: Sharon Trask Title: Commissioner Name: Randy Neatherlin Title: Commissioner Name: Title: Name: Title: Name: Title: 12. Enter the name and title of anyone authorized to sign contracts. Name: John Taylor Title: Emergency Manager Name: Tammi Wriqht Title: Sr. EM Coordinator Name: Mark Neary Title: County Administrator 13. Enter the name and title of anyone authorized to sign SOD/FIR, A-19 vouchers, time extensions, or other documentation pertaining to the grant or reimbursement thereof. Name: lJohn Taylor Title: Emergencv Manager Name: ITarnmi Wright Title: Sr. EM Coordinator 14. Enter name, email, and phone of Chief Financial Officer. Name: Leo Kim Email: LKim(a)masoncountvwa.gov Phone: 360 427-9670 ext 472 15. The authorized Chief Financial Officer completes and signs page 16: FFATA/Audit Certification F STEP 2: The forms are now populated with the information entered in Step 1. Review the forms for accuracy. Continue to complete pages 5—13 with the following steps: STEP 3: On page 5,the Designation Letter will be completed if the applicant or alternate agent is not the highest authorizing authority. The highest authorizing authority will sign the letter(ex: CEO, Board President,etc.). See the next step if applicant or alternate agent will be the highest authorizing authority. STEP 4: A Resolution, page 6,will be completed if the applicant agent or alternate is the highest authorizing authority. The governing body passes and signs a Resolution.A Resolution format is provided on page 6 or you can use your own resolution format. If your resolution format is used,the clerk of the governing body will sign a copy of the Resolution. STEP 5: Page 7, Disaster Assistance Application:the applicant and alternate agents will sign in their respective places. STEP 6: Page 8, Signature Authorization Form,the highest official and/or governing body signs in block. The applicant and alternate agents sign in block 2. The individual who is signing the letter or resolution must sign in block 1. ANYONE who the entity wishes to sign any documentation regarding the grant needs to sign in block 2 or block 3,this includes the applicant agent or alternate and anyone who is signing A-19 vouchers, SOD/FIR's, and any additional grant paperwork. STEP 7: Page 9, Debarment form,the applicant or alternate agent will sign. STEP 8: Page 10, W-9,the applicant or alternate agent will sign. STEP 9: Page 11 and 12,Audit CertificationlFFATA,the authorized Chief Financial Officer will complete pagel1 and sign page 12. STEP 10: Page 13: If an account has not been established with the State, or if changes need to be made, please complete the Vendor/Payee Registration form,or change form located at https://ofm.wa.gov/it-systems/accounting- systems/statewide-vendor payee-services STEP 11: If an account has already been established with the State and no changes need to be made, please provide us with your SWV#by completing page 13: Statewide Payee page. STEP 12: Please remember,TWO ORIGINAL COPIES OF THE GRANT AGREEMENT(sent as a separate attachment)will need to be signed and submitted along with this Supplemental Contracts package.The applicant agent, alternate agent, or highest authorizing authority can sign the Grant Agreement. After all signatures are obtained on all forms, mail the following to: Mr. Gerard Urbas Washington Military Department Emergency Management Division Public Assistance Program MS: TA-20, Building 20-B Camp Murray,WA 98430-5122 2 originals of contract/grant agreement 1 original of designation letter or 1 certified copy of resolution1 original signature authorization form 1 original disaster assistance application) original debarment form 1 W-9 1 Audit Certification/FFATA form 1 Statewide Vendor Number sheet Keep pages 1 -3(they do not need to be mailed to us)and copies of all forms for your records. STEP 13: After the contract/grant agreement is executed by WA Military Department, one original contract agreement will be mailed to the applicant agent. These should be kept for your records. If you have questions, please contact your Program Delivery Manager or Program Assistant. Mr. Gerard Urbas Washington Military Department Public Assistance Program MS: TA-20 Building 20-B Camp Murray, WA 98430-5122 Re: Designated Applicant Agent Dear Mr. Urbas: The purpose of this letter is to designate the Applicant Agent and Alternate authorized representatives for Disaster: 4650-DR-WA Severe Winter Storms, Snowstorms, Straight-line Winds, Flooding, Landslides, and Mudslides Applicant: Mason County Applicant Agent: John Taylor Alternate Applicant Agent: Tammi Wright The purpose of this designation as the authorized representatives is to obtain federal and/or State Emergency or Major Disaster Assistance funds. These representatives are authorized to execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. Sincerely, Kevin Shutty Commissioner Chair Designation of Applicant's Agent Resolution Be it resolved by Mason County Board of County Colof Mason County (Governing Body) (Public Agency) John Taylor Emergency Manager is hereby designated the authorized (Name of New Agent) (Title) representative and Tammi Wright EM Senior Planner is designated (Name of Alternate) (Title) the alternate for and in behalf of Mason County a public (Public Agency Name) agency established under the laws of the state of Washington. The purpose of this designation as the authorized representative is to obtain federal and/or state emergency or disaster assistance funds. These representatives are authorized on behalf of the Mason County Board of Countydto execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. Passed and approved this day of 20 Commissioner Chair Commissioner (Signature) (Title) (Signature) (Title) Commissioner (Signature) (Title) (Signature) (Title) (Signature) (Title) (Signature) (Title) Certification I, duly appointed and of Mason County (Name) (Title) (Public Agency) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Mason County Boarc�ofMason County on the day of 20 (Governing Body) (Public Agency) Date: (Official Position) (Signature) 12/10/09 DISASTER ASSISTANCE APPLICATION DEM - 131 Application Identifier: State Number: D22-282 Federal Disaster Number:4650-DR-WA Federal Catalog Number: 97.036 Title: Disaster Assistance Grants Declaration Date: March 29, 2022 Applicant's FEMA Project Application Number: 045-99045-00 Legal Applicant Recipient: Applicant's Name: Mason County Street Address: 100 W Public Works Drive Mailing Address: 100 W Public Works Drive County: Mason City: Shelton State: WA Zip Code: 98584 Applicant Agent: Contact Information: Name: John Taylor Phone: (360) 748-9261 Title: Emergency Manager Fax: E-mail: jtaylor@masoncountywa.% Signature-- y'`�'-` C. Date: Alternate Ap icant Agent: Name: Tammi Wright Phone: (360) 427-9670 ext 800/(3� Title: EM Senior Planner Fax: 4) E-mail: tammiw@masoncountywa j Signature: Date: �119 1Oe�2 Type of Applicant: A - State F - Higher Educational Institution B - County G - Indian Tribe C - City H - Private NonProfit D - School District I - Other (Specify) Do not fill this in E - Special Purpose District Enter Appropriate Letter B Congressional District Number: 35 State Legislative District Number: 6 Governor's Authorized Representative: Signature Date: � ..fi k_. a : NOTE: Shaded blocks for WA EMD use Form -9 Request for Taxpayer Give form to the (Rev.November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name(as shown on your income tax return) Q) Mason County CU 0- Business name,if different from above c 0 V) O Individual/ Exempt from backup 0 Check appropriate box: ❑ Sale proprietor ❑ Corporation ❑ Partnership ❑ Other ► __________________ ❑ withholding c H Address(number,street,and apt.or suite no.) Requester's name and address(optional) a c 100 W Public Works Dr. U City,state,and ZIP code U a Shelton,WA 98584 N W List account number(s)here(optional) a� Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals,this is your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity,see the Part I instructions on page 3. For other entities, it is your employer identification number(EIN). If you do not have a number, see How to get a TIN on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 9 11 6 10 10 1113 15 4 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person(including a U.S. resident alien). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here U.S.person ► Date ► Purpose of Form • An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number • A partnership, corporation, company, or association (TIN)to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or • Any estate(other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a)for additional U.S. person.Use Form W-9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a person requesting it(the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct(or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to 3 presume that a partner is a foreign person, and pay the . Claim exemption from backup withholding if you area U.S. exempt payee. withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the In 3 above, if applicable, you are also certifying that as a United States, provide Form W-9 to the partnership to U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners' share of effectively connected income. The person who gives Form W-9 to the partnership for Note. If a requester gives you a form other than Form W-9 to purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the request your TIN, you must use the requester's form if it is substantially similar this Form W-9. partnership conducting a trade or business in the United States is in the following cases: For federal tax purposes,you are considered a person if you • The U.S. owner of a disregarded entity and not the entity, are: Cat.No.10231X Form W-9 (Rev.11-2005) +itWASHINGTON MILITARY • • CONTACT INFORMATION Subrecipient Name (Agency, Local Government, or Organization): Mason Count Subrecipient Data Universal Numbering System (DUNS)/Unique Entity Identifier(UEI) Number069580751 SNAX EH Authorized Financial Representative (Name and Title): Leo Kim Address: 100 W Public Works Drive WA Email: LKim@masoncountywa.gov Phone Number: (360) 427-9670 ext 472 Directions:As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall have a single or program-specific audit conducted for that year. If your entity is not subject to these requirements,you must complete Section A of this Form. If your entity is subject to these requirements, you must complete Section 6 of this form. All subrecipients must complete the Federal Funding Accountability and Transparency Act (FFATA) related questions in Section C of this Form. Failure to return this completed Form to contracts.office@mil.wa.gov may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards. SECTION A:Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F (check all that apply) e did not expend $750,000 or more of total federal awards during the preceding fiscal year. e are a for-profit organization. e are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws, and regulations governing the program(s) in which we participate; that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees; and that WMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. SECTION 8:Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F (Complete the information below and check the appropriate box) DNe completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for fiscal year [enter date].There were no findings related to federal awards or internal controls. e completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for fiscal year [enter date] and t ere were findings related to federal awards and/or internal controls. ur completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for fiscal year [enter date]. Provide a complete copy of the audit report electronically to contracts.office@mil.wa.gov or provide the state audit number[enter number]. Updated 2/11/2020 Page 1 of 2 SECTION C.Federal Funding Accountability and Transparency Act(check the corresponding answer) In your preceding fiscal year, did your organization receive 80%or more of its gross revenues from federal funding? Flyes No In your preceding fiscal year, did your organization receive$25,000,000 or more in federal funding? es o If you answered yes to the previous questions, WMD Contracts staff will request additional information to comply with FFATA reporting. I hereby certify that I am an individual authorized by the above identified entity (subrecipient) to complete this form. Further, I certify that the above information is true and correct, and all material findings contained in the audit report/statement have been disclosed. Additionally, I understand this form is to be submitted every fiscal year for which this entity is a subrecipient of federal award funds from the Department until the grant agreement is closed. Signat 6ofthorized Financial Representative: Date: Statewide Vendor Number: Please list your statewide vendor number below. If you do not have one or need to make changes, please refer back to page 2 and 4 for further instructions on how to complete this task. SWV-000189311 Washington Military Department Contract Number: D22-282 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Mason County Doing business as(DBA) ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax 100 W Public Works Drive or Solicitation#,if any: Identifier(UBI) Identification#: 232-002-101 91-6001354 This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: �? L Date: Z.2 Print Name and Title: SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County 7/19/2022 PROJECT DESCRIPTION CONTRACT NUMBER 4650-DR-WA D22-282 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Kevin Shutty Commissioner Chair Sharon Trask Commissioner Randy Neatherlin Commissioner 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE (-�-1 John Taylor Emergency Manager Tammi Wright Sr. EM Coordinator Mark Neary County Administrator 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE John Taylor Emergency Manager Tammi Wright Sr. EM Coordinator \\NAC-1\VOL1\HOME\KARENB\ _ \W IGNAUTH Revised 3/03 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Justin Phelps and Richard Dickinson, Deputy Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 2, 2022 Agenda Item # S to BRIEFING DATE: July 18 2022 BRIEFING PRESENTED BY: Loretta Swanson and Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for Ultraviolet (UV) lamps for the Belfair Water Reclamation Facility's disinfection system. BACKGROUND: Mason County's Belfair Reclaimed Water Facility utilizes an Ultraviolet radiation disinfection system as the final treatment of effluent. UV disinfection is used to inactivate bacteria and viruses that may still be present in the effluent after it has gone through the treatment processes at the reclamation facility. The current UV system that is in place is by Trojan UV which is a division of Trojan Technologies Group. The Trojan UV lamps are a key proponent to make sure that proper disinfection is achieved to meet our regulatory permit requirements. There are three UV banks that have 18 lamps in each bank. Trojan UV lamps have a life expectancy of anywhere between 12,000 — 15,000 hours. Currently, bank 2 is at 13,500 hours and bank 3 is at 14,500 hours. The order of 30 bulbs would allow us to replace all the lamps in both banks. This order will ensure that we replace the necessary lamps to operate within the life expectancy of the system to continue proper disinfection. The Trojan UV quote is $13,317.12 and will require sole source approval by the Board. We currently have $26,814.26 in our Operating Supplies budget and have used 33% for that line item. This would leave us with $13,497.14 with a total percentage used of 66.26%. RECOMMENDED ACTION: Recommend the Board of Commissioners execute the resolution authorizing Public Works to purchase OEM parts as sole source from Trojan UV to repair the UV disinfections system at Belfair Water Reclamation Facility. ATTACHMENTS: 1) Trojan UV Quote 2) Draft Sole Source Resolution 3) Sole Source Justification form TROJAN UV7, QUOTE A TRO:AN 1LCIAV,)J'XttS UUS:NLSS A division of Trojan Technologies Group ULC 3020 GORE ROAD Original LONDON, ONTARIO, CANADA N5V 4T7 T 519.457.3400 F 519.457.3030 www.trojanuv.com QUOTE FOR: BELFAIR WWTF SHIP TO: MASON COUNTY/BELFAIR WWTF 100 PUBLIC WORKS DRIVE BOB CHOATE 360-427-9670 ext457 SHELTON,WA 100 PUBLIC WORKS DRIVE 9 85 84-9 7 1 4 SHELTON,WA UNITED STATES 98584 UNITED STATES FOR CUSTOMER SERVICE, CONTACTAYUSH SINGH FORWARD AGENT: VOICE-1-800-291-0218 CUSTOMER#: 144830 FAX- 1-800-291-0083 EMAIL-mountainwestus@trojantechnolog QUOTE#: 127954 QUOTE DATE: 05-18-2022 REFERENCE: JUSTINLAMPSMAY2022 LOB: W97 AFTERM ARK ET PARTS We thank you for your inquiry. QTY UNIT ITEM PRICE UNIT AMOUNT ** ATTN: JUSTIN PHELPS 360-427-9670 Ext. 457 ** 30.00 EA 794447-ORD 408.00EA WAT 12240.00 LAMP, GA64T6HE ANGLE BASE Patent No. 8,167, 654 and Canadian Patent No. 2, 613, 147 1.00 EA FREIGHT WAT FREIGHT ** FREIGHT EXTRA ** GOODS COSTS TOTALTAX TOTALUSD 12240.00 1077.12 13317.12 DELIVERY TERMS: NO URGENCY FOR DELIVERY PAYMENT TERMS: FREIGHT MAY BE ADDED TO THE TOTAL OF THIS QUOTE ONLY IF REQUESTED. SUBJECT TO SALES TAX,WHERE APPLICABLE. Tax to be included if not tax exempt. GST#R105405385 THIS QUOTE EXPIRES: 06-17-2022 U.S. CUSTOMERS MUST PROVIDE SHIP TO'S FEDERAL I.D.#'s FOR SHIPPING PURPOSES UPON RECEIPT OF A FORMAL PURCHASE ORDER. SOLD: SHIP: Page 1 RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT OF REPLACEMENT PARTS AND REPAIRS FROM TROJAN UV WHEREAS, the Belfair and North Bay/Case Inlet Water Reclamation Facilities have ultraviolet treatment systems that provide necessary disinfection to the wastewater effluent, requiring replacement parts and services to ensure they operate properly and efficiently. WHEREAS, Trojan UV is the manufacturer of the Belfair and North Bay/Case Inlet ultraviolet systems and provides the replacement parts and repair services needed for the Belfair and North Bay/Case Inlet ultraviolet systems. WHEREAS, Trojan UV is the manufacturer of the UV systems and the only service provider of the Original Equipment Manufacturer (OEM) parts in the State of Washington. WHEREAS, RCW 39.04.280 specifies exemption to competitive bidding requirements for purchases that are clearly and legitimately to a single source of supply; NOW, THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: 1. Trojan UV is a sole source supplier of the OEM manufactured parts for the Belfair and North Bay/Case Inlet Water Reclamation Facilities. 2. That the County is authorized to purchase without proceeding to secure competitive bids, estimated at$13,317.12 (includes sales tax). ADOPTED this day of , 2022 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair ATTEST: Sharon Trask, Vice Chair McKenzie Smith, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM: Tim Whitehead, Ch. DPA ON_STATFO C MASON COUNTY A �`� SOLE SOURCE JUSTIFICATION FORM S N = 2 Ny G O 1864 Date:July 13, 2022 Department: Public Works/Utilities and Waste Contact: Justin Phelps Recommended Vendor: Trojan UV Address: 3020 Gore Road, London, Ontario, Canada Phone: 519-457-3400 Cost Estimate: $13,317.12 Describe the item requested and its function: UV lamps to replace existing UV lamps to maintain proper disinfection to meet Permit requirements established by Department of Ecology. 1. Check the reasons for the sole source request: ❑ Sole Source: No other items are known to exist which performs the same function ❑ Special Design: Item is of specific design to fit in with an existing installation ❑ Consultant: Providing professional or technical expertise of a unique nature or location availability ® Proprietary: Item is held under exclusive title,trademark or copyright ® Warranty Service:The vendor is the sole provider of goods and services which the County has established a standard. ❑ Used item:The vendor/distributor is a holder of a used item that would represent good value and is advantageous to the County(attached information on market price, availability, etc) 3. Is this product available from other sources? ❑ Yes ® No Other lamps exist, but provide — 1/3 the lamp life and cannot guarantee effectiveness. 4. What necessary features does the vendor provide which are not available from other vendors? Other lamp manufacturers cannot guarantee their systems will provide an output that kills. 5. Can your requirements be modified so that competitive products or services may be used? ❑ Yes ® No If yes, please explain modifications and potential costs: 6. How does the recommended vendor's prices or fees compare to the general market? More expensive 7. What steps were taken to verify that these features were not available elsewhere?Online research ® Other brands manufactures were examined. Provide a list of phone numbers and names and explain why these did not meet the requirement: UV Doctor Lamps, LLC 509-447-5800. They provide similar UV products but their product has proven to not be as effective in treatment.Trojan will also not guarantee that their UV system will provide adequate treatment with nonproprietary products. ❑ Other vendors were contacted but did not meet the requirements. Provide a list of companies and phone numbers and why they did not meet the requirements: ❑ Other, please explain: My department's recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the County. I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. Elected Official or Director Signature for Approval: Date: 7 13 2022 TROJAN IJVa WATER CONFIDENCE- March 91h, 2022 Justin Phelps Mason County/Belfair WWTP(Shelton,WA) Public Works RE: Trojan System UV3PIus(2007) Replacement Parts To Whom It May Concern: In the Engineered Submittal Package for the Trojan System, Trojan provided an equipment performance guarantee stating that the system will meet the required level of disinfection provided that the system is operated and maintained in accordance with recommendations made by Trojan Technologies. In order for this equipment guarantee to be maintained, it is imperative that the appropriate components and replacement parts be used in the system. There are key replacement parts and system components that directly influence the performance and reliability of the system. Among these critical replacement parts are the UV lamps, sleeves, electronic ballasts, wiper seals, Acti-clean Gel, printed circuitry etc. Without using lamps, ballasts, and other components that are approved and validated by Trojan Technologies, we cannot guarantee that the system will provide the required germicidal output. Subsequently, we cannot guarantee that the required UV dose is being delivered, if lamp output, ballast efficiency and system programming is unknown. In order to keep the equipment performance guarantee intact, it is recommended that specialized system component(s)and Service are solely purchased and contracted from Trojan Technologies, located in London, ON. Trojan purchases only validated system components, from our suppliers and only those component(s) meeting our performance standards are passed on to our customers. If you have any questions regarding this matter or require any additional information, please do not hesitate to contact me at 1-800-291-0851 ext 2662 or email mountainwestus(a�_troiantechnologies.com Best regards, TROJAN TECHNOLOGIES Ayush Singh Account Manager—Inside Sales—Aftermarket Parts TROJAN TECHNOLOGIES 3020 GORE ROAD, LONDON,ONTARIO,CANADA N5V 4T7 T 519,457.3400 F 519,457.3030 WWW.TROJANUV.COM MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 2, 2022 Agenda Item # 8 �- BRIEFING DATE: July 18, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Vacation No. 412— Hearings Examiners Recommendation BACKGROUND: On April 12, 2022, County Commissioners authorized Public Work to set a virtual public hearing with the Hearings Examiner for Wednesday, May 25, 2022 at 1:00pm to consider public comment on request from Daniel Hite and Dawna Tracht, property owners of 4030 E. Mason Lake Drive West, (also known as Lot 7 of Plat of Madding's Sunny Shore Addition No. 3) to vacate an original platted right of way, approximately 86 x 60ft in size (5160sq ft) that lies northerly of Mr. Hite's property (see attached maps). The Examiner issued his Findings of Fact, Conclusion of Laws and Recommendations on July 6, 2022 recommending approval of the proposed vacation with one condition: It is recommended that the Board of Commissioners approve the proposed vacation, subject to the condition that Daniel Hite and Dawna Tracht dedicate a 60'feet wide easement centered along the existing public road on their abutting property instead of compensation. The vacated area would still be subject to existing easements for ingress and egress or for any other purpose, if any. Petitioners have paid the required administrative fee of$1,000 for the Petition for Vacation of County Road. This road is classified as"Class A" per MCC 12.20.040 and MCC 12.20.060. Compensation would be fifty percent of the appraised value; however, with the proposed required dedication of land similar in size and value to the proposed vacation no additional compensation other than dedication of the 60ft strip. RECOMMENDED ACTION: Recommend the Board approve and execute a resolution for Road Vacation 412 that vacates unopen right of way located at 4030 E Mason Lake Drive W property on the condition that the property owner, Daniel Hite and Dawna Tracht dedicate a 60'wide easement centered along the existing public road on their abutting property instead of compensation for a Class A vacation. The vacated area is subject to existing easements for ingress and egress or for any other purpose, if any. ATTACHMENTS: 1. Hearings Examiners Findings 2. Resolution 3. Map i BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts, Hearing Examiner RE: Road Vacation No.412 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION Petition for a Road Vacation 6 7 SUMMARY Daniel Hite has requested the vacation of unopened right of way for E Mason Drive W located at 4030 E Mason Lake Drive W, Grapeview, WA. The Commissioners likely will have no problem granting the petition since the developed portion of E. Mason Drive is located a few feet south of the vacation area,on Mr.Hite's property. Adjoining right of way to the east of the proposed vacation area has already been vacated. Public Works staff recommend approval of the vacation on condition that Mr. Hite dedicate 12 to the County the developed E Mason Lake Drive W located on his property. It is 13 recommended that the Commissioners adopt the Public Works recommendation. 14 TESTIMONY 15 Mike McIrvin,Mason County Public Works, summarized the petition request. 16 17 EXHIBITS 18 The March 22,2022 Staff Report along with attachments A-D listed on its page 2 were 19 admitted into the record at the May 25, 2022 public hearing. A revised petition was admitted on June 23,2022 as Exhibit E. 20 FINDINGS OF FACT 21 Procedural: 22 23 1. Hearing. A virtual hearing on the petition for vacation was held on May 25, 2022 at 1:00 pm via Zoom. On June 9,2022 the Examiner sent an email to the hearing 24 parties inquiring about the County position on whether 50%adjoining landowners was sufficient for the vacation petition. County staff submitted a revised petition on June 25 23, 2022 that added the signature of Manke Timber to the petition. Road Vacation P. 1 Recommendation Substantive: 2. Site/Proposal Description. Daniel Hite has requested the vacation of unopened right of way for E Mason Drive W located at 4030 E Mason Lake Drive W, Grapeview, WA. The requested area to be vacated is the original platted right of way and is approximately 86 x 60 feet in size(5160 sq. ft.). It has never been maintained or 4 used as a public roadway. 3. Utility of Vacation Area. The proposed vacation is for a right of way that 6 will very likely never be developed because the road it was designated for was constructed a few feet to the south,East Mason Lake Drive West. Two street vacations 7 have already been approved for adjoining portions of right of way to the east as depicted in Exhibit B. 8 4. Right of Way as Easement. The staff report identifies the vacation area as Class A per MCC 12.20.040,which is an easement. 10 5. Vacation Area Swap. In lieu of requiring compensation for the vacation, 11 County staff are recommending that prior to vacation Mr. Hite and Dawna Tracht (owners of the abutting southern parcel) dedicate a 60-foot strip of land through their 12 abutting lot with the centerline of said strip being the centerline of East Mason Lake 13 Drive West road. According to the staff report, the required dedication is of similar size and value to the proposed vacation area. 14 1> CONCLUSIONS OF LAW 16 Procedural: 17 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the authority to review road vacation applications and make a recommendation to 18 the Mason County Board of County Commissioners. 19 Substantive: 20 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the 21 requirements for vacation of roads. Furthermore,MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. 22 Applicable review standards for vacation under Chapter 12.20 MCC, as well as those 23 in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. 24 MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the vacation. Road Vacation p. 2 Recommendation RCW 36.87.020: Owners of the majority of the frontage on any county road or portion 1 thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority may: 4 (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, 6 report, and proceedings pertaining to the petition shall be charged; or 7 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. 8 RCW 36.87.060: If the county road is found useful as apart of the county road system 9 it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. I 1 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes and ordinances quoted above. 12 The vacation petition conforms to the signature requirements of RCW 36.87.020. The 1' petition initially presented at the hearing only contained the signature of Daniel Hite 14 and Dawna Tracht, who owned the property abutting the southern side of the right of way. These signatures thus only comprised 50% of abutting property. As noted in 15 RCW 36.87.020, quoted above, signatures of the owners of the "majority"of abutting property must sign the vacation petition. However, a revised petition was presented 16 on June 23, 2022 that added the signature of Manke Timber Co,the property owner of land abutting the north side of the vacation area. With the Manke signature the petition 1 conforms to the requirements of 36.87.020. 18 19 As determined in Finding of Fact No. 3,the vacation area is not useful as a part of the county road system as required by RCW 36.87.060. The public will benefit from the vacation as it will increase the size and developable area of the petitioner's property, 21 thus adding to Assessor Rolls. The vacation will also reduce potential County liability and maintenance responsibilities of the vacation area. 22 21 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be classified as follows: 24 (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. (3)Class C. All roads that meet RCW 36.87.090 requirements. Road Vacation p. 3 Recommendation 4. Vacation Area Qualifies as Class A Road. As determined in the findings of fact, the right of way subject to the requested vacation is an easement and therefore qualifies as a Class A road. MCC 12.20.050: Any person or persons desiring to have any portion of any county 4 road vacated shall be required by the Mason County board of county commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the 6 administration fee set forth in Section 12.20.080. 7 5. Required Administrative Fees Paid. The petitioner has paid a$1000 deposit for the petition as shown in the staff report exhibits. This amount meets applicable fee 8 requirements as determined in Conclusion of Law No. 7. Dedication of an alternative right of way area will be required in lieu of compensation for the reasons identified in 9 Findings of Fact No. 5. 10 MCC 12.20.060: The county shall require, as a condition precedent to the vacation of 11 roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefitting from the vacation thereof compensate Mason County as set forth in 12 the following schedule: 13 (1) Class A Roads. Fifty percent of the appraised value. 14 (2) Class B Roads. One hundred percent of the appraised value. (3) Class C Roads. No compensation other than for the administrative fee of the 15 vacation action. 16 At no time will the compensation for Class A or B roads be reimbursed less than the 17 county originally paid for the property. 18 6. Compensation Required. Since the vacation area qualifies as a Class A road, 50%compensation is due prior to recording of the vacation. However, as noted 19 in Conclusion of Law No. 5, dedication of alternative right of way will be required in lieu of the 50%compensation. 20 21 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars to cover all administrative costs regardless of the 22 county's approval of vacation. Said administrative costs shall include the costs of the hearing examiner in holding the public hearing and reporting recommendations to the 23 board of county commissioners. 24 7. Required Deposit Paid. The petitioner has paid a $1000 cash deposit as 25 shown in the staff report exhibits. Road Vacation p. 4 Recommendation RECOMMENDATION 1 It is recommended that the Board of Commissioners approve the proposed vacation, subject to the condition that Daniel Hite and Dawna Tracht dedicate a 60' feet wide easement centered along the existing public road on their abutting property instead of compensation.The vacated area would still be subject to existing easements for ingress 4 and egress or for any other purpose, if any. 5 DATED this 6 h day of July, 2022 Phil A. Olbrechts 8 Mason County Hearing Examiner 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Road Vacation p. 5 Recommendation RETURN TO MASON COUNTY PUBLIC WORKS 100 W.Public Works Drive Shelton,WA 98584 RESOLUTION NO.2022- IN THE MATTER OF THE VACATION OF A ORDER OF VACATION UNOPEN RIGHT OF WAY ON E.MASON LAKE DRIVE VACATION FILE NO.412 WEST LOCATED AT 4030 E MASON LAKE DRIVE RCW 36.87 WEST,GRAPEVIEW,WASHINGTON PETITIONER:DANIEL HITE AND DAWNA TRACHT WHEREAS,Daniel Hite and Dawn Tracht,property owners of 4030 E.Mason Lake Drive West have requested the Board of Mason County Commissioners vacate the following described rights of way: All that portion of Government Lot 1. In the Southeast quarter of the Southeast quarter of Section 32 North, Range 2 West, W.M. Mason County, Washington, described as follows: BEGINNING at the Northeast corner of Lot 7 of the Plat of Mading's Sunny Slope Addition No. 3, as recorded in Volume 4 of Plats at Pages 89 and 90, Mason County Washington; thence North 25033'50"West 60.00 feet to the Northerly boundary of the platted right of way of said Plat;thence South 64'26'10" West 85.96 feet to a point on said Northerly boundary of the platted right of way; thence South 25°33'50" East 60.00 feet to the Northwest corner of said Lot 7;thence North 64°26' 1 0" East along the Northerly line of said Lot 85.96 feet to Northeast corner and the terminus of this description. Containing 0.12 acres more or less. WHEREAS, the Mason County Board of Commissioners agreed on April 12, 2022 by adopting Resolution No. 2022-026 to publish and post,according to law, a notice of intent to vacate the described rights of way and set a virtual hearing for May 25, 2022 at 1:00 p.m. with the Mason County Hearings Examiner. WHEREAS,a virtual hearing was held on May 25,2022 by examiner considered the County Engineer's report,together with any evidence for or objection against said vacation; and WHEREAS,the Hearing Examiner has considered the County Engineer's report, together with any evidence for or objection against said vacation and has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration; and ORDER OF VACATION VACATION FILE NO.412 RESOLUTION NO: 2022- WHEREAS,the Hearings Examiner recommends the Board approve the proposed vacation, subject to the condition that Petitioners, Daniel Hite and Dawna Tracht, satisfy the following provision: Vacation is subject to the condition that Petitioners dedicate a 60'feet wide easement centered along the existing public road on their abutting property required in lieu of the 50% compensation for a Class A road. NOW, THEREFORE, IT IS ORDERED that the Board agrees with the examiners recommendation and the above described right of way is hereby vacated; and IT IS FURTHER ORDERED that said vacation is subject to any existing easements for ingress and egress for any other purpose, if any and in accordance with RCW 36.87.140,retaining an easement in favor of Mason County for any utilities present in the proposed vacated right of way. DATED this day of ,2022 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask,Vice Chair Tim Whitehead,Ch. DPA Randy Neatherlin,Commissioner Cc: Vacation File No.412 Treasurer 4030 E Mason Lake Dr West Proposed Vacation f� Y . 1 '• -� JOr 222324400000 Requested ,r ' 'C > 0114 �' r easement to ,�' p00 0 ,1 vacate M Noi• 0,1 l5 9`b9 Road / �,U'.w�` •-- l5 p•09 f Ex1�10 i Vacation M 5 d9� POvoM #339 �,(�E� 0 EA ph It t tRoad ` �� ....r`aao� 1 0'�5' Vacation ,�✓ 5ea�?` 1 10 9' #403 PIa, 0 / t 11 ✓,'y --'' � 0, 1 01 0b' 1r<ti�9 G k� Otte• 00 11396 /� ° {�I' ROAD DEDICATED 60' 0•W 519•65 SON LAKE WIDE TO COUNTY FOR 1 ROAD AND UTILITIES i :o 0 N N M 221055100004`t a 1 ` 40701EIMASON�L'AKE(DR'WEST 2?_1055100007 • c� • r221055100006 221055100005; 221055100008 . 4030 E,MASON LAKEIDR'WEST U1 ® x ` 221055100009 2�' 4040 EMASONILAKEIDRAWEST 40001EIMASONILA�KE!DR-WEST ° 221055100010 \ ° 4020E MASON LAKEIDR'WEST a _ g 80.42'I I N 96' P)dt Boundary i 5g. ) ' _�---— (S n 760. 00' ) >399p1HMASON�LAKE�DR�WEST , 2210551.00011 • � �i 3970 E MASON'LAKE At N ° Feet \/' 0 20 40 80 120 160 EXHIBIT B MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 2, 2022 Agenda Item # S.8 BRIEFING DATE: July 18, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Master Interlocal Agreement with Thurston County for Transportation Services BACKGROUND: Mason County and Thurston County Public Works Departments wish to enter into an interlocal agreement allowing either party to provide transportation services (examples of authorized activities are contained in Exhibit A). This Agreement is effective on the date signed by both parties and shall remain in effect for the remainder of the calendar year in which it is signed and throughout the following calendar year. Thereafter, this Agreement shall renew automatically from year to year effective January 1 to December 31 of each calendar year, unless terminated pursuant to Article X, Termination. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize the Chair to execute the master interlocal agreement with Thurston County for reimbursable transportation services. ATTACHMENTS: 1. Agreement No. 034-2022-045 2. Exhibit A 2022 MASTER INTERLOCAL AGREEMENT BETWEEN THURSTON COUNTY& MASON COUNTY FOR TRANSPORTATION SERVICES This Agreement is entered into in duplicate originals this day of , 2022 between MASON COUNTY, a municipal corporation, and THURSTON COUNTY, a municipal corporation, collectively referred to as"parties" and individually as"party" pursuant to RCW 39.34.080. WHEREAS, it is to the mutual advantage of Thurston County and Mason County to cooperate as described herein in order to make the most efficient use of their resources to provide services and facilities needed by the citizens residing within their respective jurisdictions; and WHEREAS, RCW 39.34.080 authorizes a public agency to contract with another public agency to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; NOW THEREFORE, by virtue of RCW 39.34.080 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL 1.0 It is the purpose of the Agreement to permit the parties to make the most efficient use of their resources by enabling them to cooperate by furnishing each other manpower, equipment and materials when available on a reimbursable basis for traffic services and roadway maintenance and repair activities. This will be done with the understanding that the work of the owner of the requested resources takes priority. 11 DURATION 2.0 This Agreement is effective on the date written above and shall remain in effect for the remainder of the calendar year in which it is signed and throughout the following calendar year. Thereafter, this Agreement shall renew automatically from year to year effective January 1 to December 31 of each calendar year, unless either party notifies the other in writing to terminate or make substantial changes to this Agreement by April 1 of the preceding calendar year or is terminated pursuant to Article X, Termination. Prior to commencement, this Agreement shall be filed or posted in accordance with RCW 39.34.040. III REQUEST FOR SERVICES 3.0 Each request for service pursuant to this Agreement shall be submitted by the Public Works Director or designee on behalf of each entity and shall specifically reference its authority pursuant to this Agreement. Examples of the types of services that each party may provide to the other party are contained in Exhibit A attached hereto and incorporated herein by reference. Services, materials, equipment rentals or other resource sharing outside of the example activities listed in Exhibit A are allowable pursuant to this Agreement. Each request for service shall be in writing and shall specify the particular service required, the amounts and types of labor, equipment, and material required, the location of the work, the estimated cost of the work, when the work is to be performed, and other information Master Interlocal Agreement Page 1 of 6 Agreement Number: Thurston 034-2022-045/ Mason 2022-05 pertinent to the request. Upon receipt of the request, the party from whom the service has been requested shall indicate their acceptance or rejection of the request, have it signed by their authorized official, and return one copy to the requesting party. The authorized official for Thurston County is the Director of the Public Works Department or written designee. The authorized official for Mason County is the Deputy Director/County Engineer or written designee. If either party has provided for a designee, that party shall provide notice to the other so that each party has notice of who is authorized to make and approve requests under this Agreement. In cases of emergency, the request and approval may be done verbally but must be documented in writing within two working days of the verbal request. Each accepted request for service shall be incorporated into and become a part of this Agreement. IV PAYMENT 4.0 The parties to this Agreement agree that the party receiving services under this Agreement shall reimburse the party providing the services for their actual direct and related indirect costs as set out in the request of services document. Upon request of the providing party, the party receiving services shall make partial payments to cover costs incurred. These payments are not to be more frequent than one per month. Neither party shall pay the other for any work in advance of performance. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item. 4.1 The maximum amount payable for work to be performed under this Agreement is three- hundred thousand dollars ($300,000) per calendar year unless otherwise amended in accordance with section XIV, Changes, Modifications, and Amendments. V RECORDS RETENTION AND AUDIT 5.0 During the progress of the work and for a period not less than six years from the final date of payment, the records and accounts pertaining to the work and accounting therefore are to be kept available for inspection and audit by either party and/or the Federal Government and copies of all records, accounts, documents, or other data pertaining to the work will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six-year retention period. Each party will promptly notify the other of any such litigation hold on records. VI RIGHT OF ENTRY 6.0 The parties to this Agreement hereby grant and convey to each other the right of entry upon all land in which the parties have interest, within or adjacent to the right of way of the highway, road, or street for the purpose of accomplishing all work or services requested as part of this Agreement. VII RELATIONSHIP OF THE PARTIES 7.0 The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. This Agreement is for the benefit of the parties, and no third party beneficiary relationship is intended. No Master Interlocal Agreement Page 2 of 6 Agreement Number: Thurston 034-2022-045/ Mason 2022-05 separate legal entity is created by this Agreement. No joint organization is created. No common budget is to be established. No personal or real property is to be jointly acquired or held. VIII HOLD HARMLESS AND INDEMNIFICATION 8.0 Thurston County shall hold harmless, indemnify and defend Mason County, its officers, officials, employees and agents, solely for third party claims relating to bodily injury or death, including costs and attorneys' fees in defense thereof, caused by or arising out of Thurston County's negligence in the performance of this Agreement. 8.1 It is agreed between the parties that the party receiving the work shall be responsible for claims management, resolution, and payment of claims resulting in real or personal property damage or destruction. "Claim" means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable to damage or destruction of real or personal property, including loss of use, resulting therefrom. 8.2 Mason County shall hold harmless, indemnify and defend Thurston County, its officers, officials, employees and agents, solely for third party claims relating to bodily injury, or death, including costs and attorney's fees in defense thereof, caused by or arising out of Mason County's negligence in performance of this Agreement. 8.3 Thurston County's obligations and Mason County's obligations hereunder shall not extend to bodily injury or death caused by or arising out of the sole negligence of either party, its officers, officials, employees or agents. 8.4 In the event of the concurrent negligence of the parties, Thurston County's and Mason County's obligations hereunder shall apply only to the extent of each party's negligence, and the negligence of its officers, officials, employees or agents. 8.5 The provisions of this Hold Harmless and Indemnification section shall survive the expiration or termination of this Agreement and completion of the request for services. IX INSURANCE 9.0 Both parties shall maintain Commercial General Liability or equivalent for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Agreement and be no less than $2,000,000. Participation in a governmental self-insured risk pool shall fulfill the above stated coverage requirements. An Evidence of Coverage acknowledgement letter from the jurisdictions' risk pools will be provided to each party upon request. 9.1 Both parties shall maintain workers' compensation insurance as required by Title 51 RCW, and shall provide evidence of Coverage to each party's Risk Manager or Risk Management Division upon request. 9.2 Both parties shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced with written notice mailed to the other party. X TERMINATION Master Interlocal Agreement Page 3 of 6 Agreement Number: Thurston 034-2022-045/ Mason 2022-05 10.0 Either party may terminate this Agreement upon ninety (90) calendar days prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. XI LEGAL RELATIONS 11.0 No liability shall attach to the parties by reason of entering into this Agreement except as expressly provided herein. XII FORCE MAJEURE 12.0 Neither party will be liable to the other or deemed in default under this Agreement if and to the extent that such party's performance of this Agreement is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure will include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, fire, epidemics, civil or public disturbances, or other similar occurrences. If any party is unable to perform under this Agreement due to a force majeure event, upon giving notice and reasonably full particulars to the other party, such obligation or condition will be suspended only for the time and to the extent commercially practicable to restore normal operations. XIII ADMINISTRATION 13.0 The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. Wherever written notice is required under this Agreement, such notice shall be provided to the representatives designated below. In the event such representatives are changed, the party making the change shall notify the other party. Thurston County's representative shall be the County Engineer(9605 Tilley Rd SW, Olympia, WA 98512, 360-867-2300). Mason County's representative shall be the Deputy Director/County Engineer(100 W Public Works Drive, Shelton, WA 98584, 360-427-9670 x452). XIV CHANGES, MODIFICATIONS, AND AMENDMENTS 14.0 This Agreement may be changed, modified, amended or waived only by written agreement executed by each party's authorized governing authority as provided in chapter 39.34 RCW. XV GOVERNING LAW AND VENUE 15.0 This Agreement has been and shall be construed as having been made and delivered within the state of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the state of Washington both as to its interpretation and performance. Any action at law, suit in equity, or judicial proceeding arising out of this Master Interlocal Agreement Page 4 of 6 Agreement Number: Thurston 034-2022-045/ Mason 2022-05 Agreement shall be instituted and maintained only in a court of competent jurisdiction in Thurston County, Washington. XVI WAIVER 16.0 A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. XVII SEVERABILITY 17.0 If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Board of County Commissioners Board of County Commissioners Thurston County, Washington Mason County, Washington Chair Kevin Shutty, Chair Vice-Chair Commissioner ATTEST: ATTEST: Clerk of the Board McKenzie Smith, Clerk of the Board Approved as to form: Approved as to form: JON TUNHEIM TIM WHITEHEAD PROSECUTING ATTORNEY CHIEF DEPUTY PROSECUTING ATTORNEY By: By: Deputy Prosecuting Attorney Chief Deputy Prosecuting Attorney Master Interlocal Agreement Page 5 of 6 Agreement Number: Thurston 034-2022-045/ Mason 2022-05 EXHIBIT A Authorized Activities Traffic Services: The following are examples of traffic services that may be provided by either party. • Sign Maintenance: Replacing signs, removal of signs, and installation of new signs, posts and bases. • Crosswalks: Refurbishing with preformed or liquid plastic or removal. • Stop Bars: Refurbishing with preformed or liquid plastic or removal. • Arrows/Legends: Remarking worn arrows with preformed or liquid plastic or removal. • Striping: Painting linear road stripes on pavement, such as centerlines and edge lines. • Traffic counts, data collection and other technical traffic services. • Roadway pavement ratings and data collection. • Technical and Maintenance Training. Roadway Maintenance: The following are examples of roadway maintenance services that may be provided by either party. It is the responsibility of the requesting party to define the limits of the area of work where the Roadway Maintenance is to take place. • Traveled Roadway Surface: Patching, crack pouring, pre-level work, pavement replacement, pavement preservation, chip seals, overlays, grading. • Drainage: Drainage pipe repair, catch basin and manhole cleaning, blade ditching/shoulder pulling, drainage systems cleaning, drainage preparation, catch basin repair, culvert header/trash rack replacement and repair, bucket ditching, catch basin replacement, erosion control, catch basin/manhole cover replacement, silt removal and street sweeping. • Structures: Guardrail repair, retaining wall repair, guardrail post removal, fencing repair, non-structural bridge maintenance. • Pedestrian Facilities: Sidewalk/walkway repair. • Roadside: Slope/shoulder mowing, tree removal, slide removal, noxious weed control, tree trimming, and washout repair. Resource Sharing: • Usage of temporary bridge Master Interlocal Agreement Page 6 of 6 Agreement Number: Thurston 034-2022-045/ Mason 2022-05 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director /U&W Management Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 2, 2022 Agenda Item #8. BRIEFING DATE: 3uly 25, 2022 BRIEFING PRESENTED BY: Loretta Swanson and Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Trailer Mounted Emergency Generator BACKGROUND: On November 15, 2022, it was discovered by Utilities operations staff that the 40KVa trailer mounted emergency generator had been stolen from its storage place located at the Tacoma Public Utilities lift station. Utilities staff depend on this generator to power up lift stations that do not have dedicated emergency generators in place. Currently (8) eight pump stations ((5) in North Bay, (G1) in Belfair and (2) in Rustlewood) would be down during times when line power is not available. The Public Works ER&R Staff have assisted in the search for an appropriate replacement and have come up with two used and one new (see attached quotes). The used ones are available now and the new generator would not be available until end of 2023. Public Works would like to go with lowest used generator from United Rentals for the amount of $27,667.50. Utilities currently has the funds to purchase the used generator, but is working with County Risk Management to see if insurance will cover the loss that would require the county to only pay a $5,000 deductible. RECOMMENDED ACTION: Recommend the Board of Commissioners authorize Public Works to procure the used generator from United Rentals for the amount of$27,667.50. ATTACHMENT: 1) Quotes QUnited Rentals' SALE OUOTE BRANCH 122 6070 LINDERSON WAY SW TUKKATER WA 98501_5229 #_2 0849 5 0 1.1 360-786-6-8108 Customer # : 771909 (Quote Date : 07/14/22 41 PUBLIC WORKS `*1 100 PUBLIC WORKS DR UR Job Loc : 100 PUBLIC WORKS DR, IM SHELTON WA 98584-9714 UR Job # : 7 ,q Customer Job ID: (j .P.O. # QUOTE h Office: 360-427-9670 Cell: 360-490-0861 Ordered By : GARY ALBAUGH !Written By : TYLER DOLMAN (Salesperson TYLER DOLMAN :. .............+.............:}}::\\Yffffl:::}:i??is�ii:t•}}X4}}%fffh:?•ist?•}isv}:}}}yff�<1.L^C?}lA:Si-\W}}}Ylfd MASON COUNTY PUBLIC WORKS 100 PUBLIC WORKS DR SHELTON WA 98584-9714 This is not an invoice Please do not pay from this document:: t ... ?Uiit'N%fff.SFi??:NJI+k'h\\'LO'ff//Ff.•}::.::.::..::.......:.......... .. .......:::J{LW:2a\\':f'1::}:.:::::::::.: Qty Equipment # Price Amount 1 10619273 CC: 240-3157 25500.00 25500.00 GENERATOR 45-49 KVA TIER 4 Make: MAGNUM PRO Model: MMG45IF4 Serial #: 3001784720 Model Year: 17 Lic: 41116AA Wgt: 007000 HR OUT: 7198.700 Sub-total: 25500.00 Tax: 2167.50 CONTACT: GARY ALBAUGH Total: 27667.50 CELL#: 360-490-0861 Note: This proposal maybe withdrawn if not accepted within 30 days. WHERE PERMITTED BY LAW,UNITED RENTALS MAY IMPOSE A SURCHARGE OF 1X%FOR CREDIT CARD PAYMENTS ON CHARGE ACCOUNTS.THIS SURCHARGE IS NOT GREATER THAN OUR MERCHANT DISCOUNT RATE FOR CREDIT CARD TRANSACTIONS AND IS SUBJECT TO SALES TAX IN SOME JURISDICTIONS. THIS IS NOT A SALE AGREE ME NTIINVOI CE.THE ITEMS LISTED ABOVE ARE SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S SALE AGREEMENTfINVOICE WHICH ARE AMENDED FROM TIME TO TIME AND POSTED ONLINE AT https:l/www.unitedrentals-Conlllegallsalo_agreement AND INCORPORATED HEREIN BY REFERENCE.A PAPER COPY OF THE SALE AGREEMENTIINVOICE TERMS IS AVAILABLE UPON REQUEST. Page: 1 Sales Quotation ' Rents Sales Representative Lee Paranada Rental Coordinator: Kaleb Collier 3Office# 360-598-2819 Cell# 253-255-7159 Date: 07.07.22 Account# N/A Customer: Mason County Address: 100 W Public Works Drive, Shelton WA 98584 Job Name: Fleet Contact: Gary Alba - 3604279670 Ext 381 E Mail: garva@masoncountywa.gov Date Needed: TBD Notes: TBD Purchase Equipment Model Description Make Stock Price Freight Lead Time G50 2020 Doosan G50 Generator Doosan W20293RG $31,950 $200 30 days Diesel Powered, Trailer Mounted Fully Serviced Current hours-3700 Please Note: All Machines will be fully serviced, annual inspections, Paint touched up, batteries load tested and replaced if needed. Service Records will be available to customer Tax not Included in Price Acceptance of Proposal:This agreement shall supersede all previous understandings or agreements of any nature whatsoever,oral or written,relating to the subject matter hereof. Agreement:Must be signed by all authorized parties.Proposal expires in thirty days from above date. Accepted By: Signature: Title: Company: OUnited Rentals° IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIII SALE QUOTE BRANCH 122 6070 LINDERSON WAY SW TUMWATER WA 98501-5229 # 208248417 360-786-8408 Customer # 771909 Quote Date 07/07/22 4-3 o PUBLIC WORKS '4 100 PUBLIC WORKS DR UR Job Loc 100 PUBLIC WORKS DR, to UR Job SHELTON WA 98584-9714 Customer Job ID: 7 'Q P.O. # 45KVA GEN. QUOTE h Office: 360-427-9670 Cell: 360-490-0861 ordered By GARY ALBAUGH Written By TYLER DOLMAN Salesperson TYLER DOLMAN MASON COUNTY PUBLIC WORKS 100 PUBLIC WORKS DR SHELTON WA 98584-9714 This is not an invoice Please do not pay from this document M. Qty Equipment # Price Amount 1 2403157 CC: 240-3157 39695.00 39695.00 GENERATOR 45-49 KVA TIER 4 New Mulitquip DCA45 Generator w/trailer Price does not include freight Lead time late 2023 Price does not include power balance Sub-total: 39695.00 Tax: 3374.08 Total: 43069.08 CONTACT: GARY ALBAUGH CELL#: 360-490-0861 Note: This proposal may be withdrawn if not accepted within 30 days. WHERE PERMITTED BY LAW,UNITED RENTALS MAY IMPOSE A SURCHARGE OF 1.8%FOR CREDIT CARD PAYMENTS ON CHARGE ACCOUNTS.THIS SURCHARGE IS NOT GREATER THAN OUR MERCHANT DISCOUNT RATE FOR CREDIT CARD TRANSACTIONS AND IS SUBJECT TO SALES TAX IN SOME JURISDICTIONS. THIS IS NOT A SALE AGREEMENTIINVOICE.THE ITEMS LISTED ABOVE ARE SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S SALE AGREEMENTIINVOICE WHICH ARE AMENDED FROM TIME TO TIME AND POSTED ONLINE AT httpsJ/www.unitedrentals.wmllegaVsale-agreement AND INCORPORATED HEREIN BY REFERENCE.A PAPER COPY OF THE SALE AGREEMENTIINVOICE TERMS IS AVAILABLE UPON REQUEST. Page: 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Nichole Wilston Action Agenda x Public Hearing Other DEPARTMENT: Support Services/Human EXT: 643 Resources COMMISSION MEETING DATE: 8/2/2022 Agenda Item # $.10 (Commissioner staff to complete) BRIEFING DATE: 7/18/2022 BRIEFING PRESENTED BY: Chief Spurling [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of amending Resolution No. 2022-002 Non-Represented Salary Range Alignment table to create a patrol lieutenant position at a Range 41. Background: The Mason County Sheriff's Office is converting two positions into Patrol Lieutenant positions, effective January 1, 2023. RECOMMENDED ACTION: Approval of amending Resolution No. 2022-002 to create a patrol lieutenant position at a Range 41. Attachment: Resolution and Non-Represented Salary Range Alignment Table, including Patrol Lieutenant. RESOLUTION NO. AMENDING RESOLUTION NO. 2022-002 TO CREATE A PATROL LIEUTENANT CLASSIFICATION AT A SLARY RANGE 41. WHEREAS, RCW 36.16.070 states that ... The Board shall fix the compensation of all employees...; and add the newly approved position of Patrol Lieutenant at a range 41 and; WHEREAS, consistent with Board Resolution No. 2020-76, the Board will continue to allow step increases for Non-Represented employees, consistent with policy; and add the newly approved position of Patrol Lieutenant at a range 41 and; NOW,THEREFORE BE IT RESOLVED,that the newly created Patrol Lieutenant position be added to the Non-Represented salary scale at a range 41 and; DATED this day of August 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner Page11 Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 47 County Administrator 3601 46 Community Services Director 1015 Public Works & Utilities Director 4005 Undersheriff 3000 Human Resources Director 2900 44 Deputy Director Public Works/Utilities &Waste Mgmt. 4010 County Engineer 4008 43 Chief Public Defender 1160 Chief Criminal Deputy 3002 Chief Jail 3003 Chief Superior Court Administrator 4650 41 Jail Lieutenant 3005 Patrol Lieutenant TBD Chief District Court Administrator 1180 40 Engineering and Construction Manager 4030 Central Services Manager 1153 Community Development Administrator 39 Chief Finance Officer 2000 Budget & Finance Manager 1155 38 DEM/IT/Parks & Trails Manager 2059 Water &Wastewater Manager 4015 Chief Civil Deputy 3001 County Surveyor 4058 Facilities Manager 2058 35 District Court Administrator 1180 Juvenile Court Services Deputy Administrator 1052 34 Road Operations & Maintenance Manager 4021 33 Engineer III 4033 Personal Health Manager 2171 Environmental Health Manager 2169 32 Project Support Services Manager 4201 31 Public Works Finance Manager 2011 30 Engineering & Construction Assistant Manager 4029 Page I I of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Melissa Casey/ Haley Foelsch Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services- Public Health EXT: _404/704_ COMMISSION MEETING DATE: 8/2/2022 Agenda Item # .k1 Commissioner staff to complete) BRIEFING DATE: 7/25/2022 BRIEFING PRESENTED BY: Haley Foelsch [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Eviction Rent Assistance Program 2.0 Background: Eviction Rental Assistance Program 2.0 grant is part of Washington State's response to the COVID-19 disaster. ERAP 2.0 is intended to prevent evictions that would contribute to the spread of the virus by paying past due, current due and future rent, and targeting limited resources to those with the greatest needs while working to distribute funds equitably. Funds have been subcontracted out to Crossroads Housing and Shelton Family Center (dba The Youth Connection) and additional fund will be provided from the Department of Commerce and subcontracted out to prevent more evictions and special terms and conditions added to contracts. RECOMMENDED ACTION: Approve of Amendment B from Department of Commerce, SFC Amendment #1, and CH Amendment #2 Attachment(s): Amendment B from Department of Commerce, SFC Amendment #1, and CH Amendment #2 C:\Users\hfoelsch\Desktop\PH_8.2.22 C.AA ERAP 2.0 Amendment.doc DocuSign Envelope ID:BA2CAFC4-20EA-45FE-AC1D-DC7455772B7B mmendment Contract Number:21-4619C-117 Amendment Number:B Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unity Eviction Rent Assistance Program 2.0 1.Contractor 2.Contractor Doing Business As(optional) Mason County Community Services 415N6`hSt Shelton,WA 98584 3.Contractor Representative 4.COMMERCE Representative Haley Foelsch Sara Ihmoda PO Box 42525 Community Health Specialist 1 1011 Plum St SE 360-427-9670 x704 Commerce Specialist II Olympia,WA 98504-2525 haley@masoncountywa.gov Sara.ihmoda@commerce.wa.gov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $5,910,782.00 $514,785.00 $6,425,567.00 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: X State: Other: N/A: 7/I/2022 6/30/2023 11.Federal Funds(as applicable): Federal Agency: CFDA Number: UEI#: Indirect SNAXPBGW4VR4 Rate: 6,425,567 US Dept.of Treasury 21.027 10% 12.Amendment Purpose: To add additional funds,UEI#,and update Special Terms and Conditions. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "B"—Budget.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract"shall mean the"Contract as Amended". FOR CONTRACTOR FOR COMMERCE Signature,Executive Diane Klontz,Deputy Director Divisions and Program Alignment Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce DocuSign Envelope ID:BA2CAFC4-20EA-45FE-AC1D-DC7455772B76 Amendment This Contract is amended as follows: Special Terms and Conditions: FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. SEAT BELT USE POLICIES AND PROGRAMS (APR 2005) In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA's Web site at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety(NETS), a public-private partnership headquartered in the Washington, DC metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1- 888-221-0045 or visit its Web site at www.trafficsafety.org. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUNE 2020) (a) Definitions. As used in this clause- "Driving'— (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b)This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c)The Contractor is encouraged to- (1)Adopt and enforce policies that ban text messaging while driving- 2 DocuSign Envelope ID:BA2CAFC4-20EA-45FE-AC1D-DC7455772B7B Amendment (i) Company-owned or rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award. 3 DocuSign Envelope ID:BA2CAFC4-20EA-45FE-AC1D-DC7455772B7B Amendment Attachment B Budget Current Contract New Contract Total Budget Category Total Amendment B Administration $316,519.00 $0.00 $316,519.00 Operations $ 329,699.00 $30,000.00 $359,699.00 Rent and Utility Assistance $ 4,971,544.00 $484,785.00 $5,456,329.00 By and For Sub grant/s $293,020.00 $0.00 $293,020.00 Total $5,910,782.00 $514,785.00 $6,425,567 ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. 4 Contract Between Mason County Community Services Department of Public Health and Crossroads Housing Professional Services Contract number CH:2021-2023 ERAP 2.0 (MC 21-083) Amendment # 2 The purpose of this amendment is to add ERAP 2.0 funds IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT C: BUDGET: Additional funding award in ERAP 2.0 Category Operations: $30,000 Rent and Utilities: $484,785.00 TOTAL: $514,785.00 2. Special Terms and Conditions: FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. SEAT BELT USE POLICIES AND PROGRAMS (APR 2005) In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA's Web site at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, DC metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1- 888-221-0045 or visit its Web site at www.trafficsafety.org. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUNE 2020) (a) Definitions. As used in this clause- "Driving"— (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely 1 remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c) The Contractor is encouraged to- (1) Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2,101 on the date of subcontract award. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2022. CROSSROAD HOUSING: MASON COUNTY COMMISSIONERS Sigriatur Kevin Shutty, Chair Date Mason County Board of Commissioners 5A Title Date 2 Contract Between Mason County Community Services Department of Public Health and Shelton Family Center Professional Services Contract number SFC: 2021-2023.ERAP2.0(MC 21-084) Amendment## 1 The purpose of this amendment is to update special terms and conditions. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Special Terms and Conditions: FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. SEAT BELT USE POLICIES AND PROGRAMS (APR 2005) In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA's Web site at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, DC metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1- 888-221-0045 or visit its Web site at www.trafficsafety.org. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUNE 2020) (a) Definitions. As used in this clause-"Driving"— (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic 1 data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c) The Contractor is encouraged to- (1) Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12022. ELTON AMI CE ER: MASON COUNTY COMMISSIONERS Signature V Kevin Shutty, Chair Date ExE--Cu�� �I��r Mason County Board of Commissioners Title Date 2 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Diane Zoren Action Agenda: Public Hearing: ❑ Other: ❑ Department: Support Services Ext: 747 Date: (1,, 2 L,L Agenda Item# 8.12. (Commissioner staff to complete) Briefing Date: August 2,292-2- Briefmg Presented By: Diane Zoren [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item Approval to appoint Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging to complete an unexpired term expiring 12-31-2022. Background: The Lewis-Mason-Thurston Area Agency on Aging is a local government agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The Advisory Council makes recommendations to the Council of Governments and staff. Recommended Action: Approval to appoint Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging to complete an unexpired term expiring 12-31-2022. Attachment(s)• Letter