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2018/04/09 - Briefing Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of April 9, 2018 Monday, April 9, 2018 Commission Chambers 9:00 A.M. Executive Session — RCW 42.30.110 (1)(i) Litigation 9:30 A.M. Sheriff's Office — Chief Spurling Traffic Diversion Budget & Contracts 10:00 A.M. Community Services — Dave Windom 10:30 A.M. BREAK 10:45 A.M. Public Works — Jerry Hauth Utilities & Waste Management 11:30 A.M. Mason Conservation District— John Bolender Update on Voluntary Stewardship Program (VSP) Commissioner Discussion — as needed BREAK — NOON 2:00 P.M. Support Services — Frank Pinter 3:00 P.M. Community Services/Department of Ecology SEPA for North Ranch grading permit Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 04/05/18 at 11:40 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF April 9, 2018 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. 1 . COUP 1854 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mason County Sheriff's Office Action Agenda Public Hearing Other DEPARTMENT: Commissioners EXT: COMMISSION MEETING DATE: 4-9-18 Agenda Item # Commissioner staff to complete) BRIEFING DATE: Monday BRIEFING PRESENTED BY: Chief Spurling [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: We are having to arrange class space, students and outside instructors. ITEM: Quarterly Briefing to BOCC on Traffic Diversion spending status for 2018 Background: MCSO and the Mason County Engineer meet in mid-March. MCSO briefed on the status of traffic policing and Road Department related law enforcement activities. A report showing actual expenditures to date utilizing the current BARS Account numbers as prescribed by SAO (currently BASUB and Element 521.70) We will continue to meet on a monthly basis to provide the County Engineer with sufficient detail on activities and expenditures to provide adequate information to allow him to meet the requirements of appropriate expenditures and reporting of County Road Funds under State Law and regulations. MCSO would like brief the BOCC to fulfill the intent of the C.R.A.B. model MOU between Boards of County Commissioners and Sheriff Offices. MCSO is briefing on our status of the Traffic program that includes eight (8) Traffic Deputies and the time and effort of all other deputies spent for road purposes as designated in RCW 36.79.140, and WAC 136-25-030 RECOMMENDED ACTION: None Attachment(s): 4/3/2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: Community Services & Frank EXT: 260 Pinter, Joint Briefing BRIEFING DATE: 4/9/18 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) ITEM: Resolution for Treatment Sales Tax Fund Budget EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Review Treatment Sales Tax (TST) Resolution and fund projections. Discuss possible changes to the resolution format with attachments verses policies and procedures. BUDGET IMPACTS: Will not affect current budgets. RECOMMENDED OR REQUESTED ACTION: Approval of a final TST Resolution format to review and then move to consent agenda ATTACHMENTS: Treatment Sales Tax Fund Resolution Briefing Summary 4/4/2018 Mason County Commissioners Resolution # To Encourage a Collaborative Budget Development and Approval Process for the Allocation of the Treatment Sales Tax under RCW 82.14.460 WHEREAS, RCW 82.14.460 (2) authorizes the County Legislative Authority to authorize, fix and impose a sales and use tax in addition to other taxes authorized by law with a rate not to exceed one-tenth of one percent; and RCW 82.14.460 (3) provides that monies collected shall be solely for the purpose of providing new or expanded substance abuse or mental health treatment services and for the operation of new or expanded therapeutic court programs, and section (4)(d) states that moneys collected under this section may be used to support the cost of the judicial officer and support staff of a therapeutic court; and WHEREAS, in resolution 28-16, the Board of County Commissioners reauthorized the continuance of the 1/10th of 1% Sales and Use Tax with annual reports and evaluation; and WHEREAS, services provided and funded by the tax should align with the priorities set forth in the Mason County's Community Plan on Behavioral Health and the Therapeutic Courts 5 year plan (2017 — 2022); and WHEREAS, this fund has gone by different names in the county such as Sales & Use Tax or 1/10 of 1% that may have created misunderstandings on the purpose and use of funds; and WHEREAS, under-spent budgets can create a fund balance which is an unsustainable funding source for on-going programs and services; and WHEREAS, budgets have been submitted and approved from different departments and special requests made throughout the year impacting how the budget operates as a whole and creating risk for over committing funds; and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Mason County that: 1. Henceforth, the funding source will be commonly known as the "Treatment Sales Tax" to reflect the purpose of the funds and be consistent with the common name used by counties throughout Washington State. 2. The Treatment Sales Tax will be a separate line item budget within the Mental Health Fund Budget; and 3. The previous year's collection will determine the money to allocate the following year. 4. The board seeks to appropriate 10% of the Treatment Sales Tax toward administration of the fund. 5. The board seeks to appropriate 60% of the Treatment Sales Tax to services to assist in the operation of the Therapeutic Courts such as the judicial officers, support staff, clerk, prosecution, public defense and juvenile services Guardian ad Litem (GAL). 6. The board seeks to appropriate 30% to be contracted through a Request for Proposal (RFP) process outlined in Attachment C to fund gaps in services including, but not limited to, intensive case management related to mental health and substance abuse treatment, insurance gaps, transitional-aged youth, gaps to fund supportive housing services and other needs outlined in the Mason County's Community Plan on Behavioral Health. 7. A minimum fund balance equal to the amount collected in a one-year period will be maintained to pay out services should the tax end. 8. Fund balances resulting in unexpended funds should be used for one-time capital expenditures as outlined in Attachment A or allocated for special projects as approved by the commissioners. 9. Funds for the therapeutic courts will be appropriated as outlined in budget process Attachment B. 10.To demonstrate that funds are directed to programs that achieve the goals of the therapeutic courts and community priorities, improvements in program outcomes are expected and will be assessed through quarterly and annual performance measures as outlined in Attachment D. 11. A quarterly budget reconciliation process is enacted to reallocate unspent funds to contracted agencies, toward the capital fund, or additional proposal requests as decided by the board and can be found in Attachment B. Attachment A: Capital Reserve Fund Resolution # To Encourage a Collaborative Budget Development and Approval Process for the Allocation of the Treatment Sales Tax under RCW 82.14.460 The Capital Reserve Fund will facilitate development of safe and sober housing to assist in behavioral health recovery and increasing access to behavioral health treatment facilities. All projects will be approved by the Board of County Commissioners of Mason County. Housing The Capital Reserve Fund will assist in the purchase of real property for housing that is a component of a coordinated chemical dependency or mental health treatment program or service. The County does not intend to own the assets nor fund ongoing services but seeks to collaborate with private non-profit organizations. Some of the types of housing projects identified as a need in the community and are associated with mental health and/or substance abuse treatment include, but are not limited to: • Oxford Homes • Fresh Start • Diversion House (involuntary / voluntary) • Step-down House • Residential Facility Treatment Facilities Access to behavioral health treatment facilities is limited in the County forcing many people to seek services at long distances. The Capital Reserve Fund will assist with the purchase and construction or reconstruction of real property for providing behavioral health treatment services. Type of services include, but are not limited to: • Evaluation and Treatment Centers • Detoxification services Special Projects: Commissioner Approved Allocation of Funds The County Commissioners reserve the right to allocate one-time funds for special projects. Any agency or government department requesting funds must: • Submit a proposal that includes, but is not limited to, a needs assessment, rationale, evidence that it qualifies under RCW 82.14.460, implementation plan and a return on investment or cost savings calculation • Will be reimbursed by submitting a monthly invoice to the Community Services Financial manner up to the approved allocation • Provide quarterly performance reports on inputs, outputs and outcomes • Establish necessary MOU's or MOA's before any funds are reimbursed Attachment B: Therapeutic Courts: Budget Approval & Amendment Process Resolution # To Encourage a Collaborative Budget Development and Approval Process for the Allocation of the Treatment Sales Tax under RCW 82.14.460 the following process has been developed: • Budget Cycle: Annual, January 1 through December, 31 Budget Timeline 1. June 1 — Departments will be notified of the money available 2. August 1 —A collaborative effort among the therapeutic courts and staff will result in the submission of a programmatic budget and narrative to Mason County Community Services for review 3. Mid August, budgets due to Treasurer's office 4. October — County Commissioners review budget 5. November— December budgets are approved and finalized Budget Expectations: 1. Budget summary by all departments 2. Program Goals for each court as measured using data supplied by the Performance Management Tool in Attachment D with an emphasis on reducing recidivism. 3. Budget detail by court 4. Itemized list of projected costs for each of the following: Staffing such as Judicial Officer, Program Manager, Case Manager, Prosecutor, Public Defense, Clerk, Guardian ad Litem and operational costs (e.g. office equipment, training, supplies, technology, graduation, travel, case management, and service providers). The itemized list should provide sufficient detail to easily identify cost justifications including the level of staffing (percent FTE for each staff and other operational costs (i.e. justification for training, how many people will attend, and all costs associated with the training. Equipment should include rationale for the equipment and the make, model and price for each request). 5. Expenses will be paid on reimbursement including prosecution and defense time. Budget Amendment& Reconciliation Process 1. Budget reviewed quarterly by Mason County Community Services 2. A collaborative effort will be made to reconcile budgets that are tracking over or under greater than 10% Special Budget Requests: 1. Submit a proposal to Mason County Community Services that includes a detailed budget and demonstrates funds are appropriate and according to RCW 82.14.460 2. Align with community priorities and plan 3. If funds are transferred out, back up documentation will be provided to Mason County Community Services Attachment C: Request for Proposal Process Resolution # To Encourage a Collaborative Budget Development and Approval Process for the Allocation of the Treatment Sales Tax under RCW 82.14.460 GENERAL INTRODUCTION Mason County's Request for Proposal (RFP) is an annual application for the Mason County Treatment Sales Tax Fund. Mason County is responsible for contracting and compliance activities related to the 1/10th of 1% sales and use tax for chemical dependency or mental health treatment services or therapeutic courts. The application each year will contain the specific information and questions needed to prepare an RFP application for these funds to be administered by Mason County for the fiscal period July 1, through June 30. APPROXIMATE FUNDING AVAILABLE: 30% OF THE PREVIOUS YEAR'S SALES & USE TAX COLLECTED The annual funding amount listed in this RFP is considered approximate, and may be subject to change based on specific federal and state allocations and fees collected by the County. In some instances, final funding amounts may not be determined until after awards are announced. Applications that receive a multi-year award will receive a contract that is funded with one year of funding that is renewable for an additional year based on the availability of funding and a review of performance. Considering these funding variables, submit projects/programs that will be viable and have other committed funding sources to offset any difference in requested or projected amounts. Focus OF THE RFP On November 1, 2011, the Mason County Board of Commissioners approved Resolution No. 75-11 "...Imposing a Sales & Use Tax; Providing for the administration and collection thereof for providing new or expanded chemical dependency or mental health treatment services and for the operation of new or expanded therapeutic court programs as proved in Chapter 82.14.460 RCW." Collection of the 1/10th of 1% Sales and Use Tax (referred to as Treatment Sales Tax throughout the RFP documents) is used to fund work in mental health, substance abuse and therapeutic courts in Mason County. The Mason County Treatment Sales Tax Program Request for Proposal (RFP) seeks proposals for services and programs that: meet the needs of Mason County residents, adhere to proposal criteria described in this and accompanying documents. The RFP will consider any projects or programs that qualifies for Treatment Sales Tax funding and eligibility. There is a preference for services or programs that focus on treatment for chemical dependency and mental health needs for the underinsured or non-insured. Of particular interest are services or programs that directly relate to Mason County's Mental Health and Chemical Dependency 5 year Strategic Plan. TIMELINE OF THE RFP Exact dates to be determined each year: RFP Anticipated Timeline (subject to change at the discretion of Mason County) Process Target Dates Issue & Announce RFP March Optional RFP Workshop March Voluntary Agency Oral Presentations April RFP Due April Scoring May Decisions regarding contract awards for services solicited by this May/June announcement Contracts signed and finalized June 30, 2017 before Services Start Date July 1, 2017 Quarterly Reports Due Oct 10 & Dec 10 April 10 & July 10 Annual Report Due On or before July 15 ELIGIBILITY AND PRIORITY OF ACTIVITIES In 2005 the Washington State Legislature passed E2SSB-5763 (RCW 82.14.460) to address increasing numbers of homeless and incarcerated people with mental illness and chemical dependency disorders. The bill authorized a number of integrated service delivery systems and funded pilot projects to identify evidence-based programs that work more effectively than incarceration. Section 3 of RCW 82.14.460 states: "Moneys collected under this section must be used solely for the purpose of providing for the operation or delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. For the purposes of this section, "programs and services" includes, but is not limited to, treatment services, case management, transportation, and housing that are a component of a coordinated chemical dependency or mental health treatment program or service. Every county that authorizes the tax provided in this section shall, and every other county may, establish and operate a therapeutic court component for dependency proceedings designed to be effective for the court's size, location, and resources." Funding is also intended for providers of Mental Health and Chemical Dependency services as stated in Section 4 of RCW 82.14.460): "All moneys collected under this section must be used solely for the purpose of providing new or expanded programs and services." Mason County will prioritize the use of funds for cost-effective, evidenced-based, and promising/innovative practices that demonstrate effectiveness in preventing and/or treating individuals with mental illness and chemical dependency problems. Preference will be given to programs and/or services that focus on the mental health and chemical dependency needs of service and/or insurance gaps in Mason County. If your application requests funding for other qualified programs or services you will need to explain why this is a strategic funding decision. COMMUNITY PRIORITY AREAS & GUIDING PRINCIPLES • Prioritization of the funds: o Support the therapeutic courts o Increase availability of licensed mental health and substance abuse professional services o Address the revolving door of people who cycle repeatedly through the streets, hospital emergency room and jail o Break the intergenerational cycle • Guiding Principles: o Assure that services funded by sales tax revenues support only Mason County residents who do not have sufficient income or health insurance to purchase them; o Fund programs or services where there is a documented need and where there are evidence-based or promising practices that can be implemented in Mason County; o Assure that all programs or services funded by sales tax revenue have specific goals, objectives, expected outcomes, and measureable performance indicators; o Assure that any program or service funded by sales tax revenue can be accessed by people throughout the county; o Prioritize the use of dedicated sales tax revenue for new or expanded services. Allow funds to be used to maintain existing mental health, chemical dependency, or therapeutic court programs only in extreme situations where funds for critical Mason County services are dramatically cut or eliminated; o Use sales tax dollars to leverage/match/attract other private, state, or federal funds whenever possible; • Mason County Services need to: o Be sustainable o Follow clear vision based on local needs o Provide quality services to identified populations that currently have no or inadequate funding o Represent collaborative work with other related community providers o Assure services from prevention, to early intervention, to secondary and tertiary treatment. COMPETITIVE SCORING Priority will be given to programs who can demonstrate capacity and procedures are in place to prioritize the most vulnerable clients and work alongside literally homeless clients to remove barriers and successfully help them obtain and maintain permanent housing. Mason County staff will jointly review applications for minimum eligibility requirements. This will include a threshold review to ensure applications meet the minimum threshold requirements as follows: • The activity must meet the intent of RCW 82.14.460; • Able to enter into a contract with Mason County government • The activity must clearly indicate alignment to the mission and goals of Community Priority Areas and Mason County's 5 Year Strategic Plan. • The applicant has the ability to meet and maintain compliance with applicable federal, state, and/or local regulations, as identified. Applications will be scored on the following categories: • Responsive RFP Application: All relevant questions are answered and information is relevant and responsive to the questions asked; • Alignment to Community Priority Areas; • Importance to the Community: Direct impact on addressing the priorities outlined in the application, and Mason County 5 year Strategic Plan; • Ability to address a substantiated community need for the operation and delivery of treatment programs and services for people currently affected with mental health and/or substance abuse disorders; • Clearly defined scope, goals and outcomes/performance measures; • Able to participate in evaluation and accountability activities that demonstrate progress towards desired results; • Able to show measureable results through quarterly and annual reporting; • Cost effectiveness: The total project cost is appropriate for the expected impact; • A plan that includes strong, proven and documented collaboration with other community providers to maximize impacts, and where appropriate, achieves a collective impact; • Identification of the needs of the specific population that will be met as presented, and the depth or strength of the proposed program using evidenced-based or promising practicing tools; • Ability to demonstrate a history of effective provision of direct services; • Ability to participate in site visits and reporting structure of Mason County staff; • Ability to sustain basic levels of service after the conclusion of the grant period; and • Financial capacity: Organization has the financial capacity and systems in place to successfully manage the grant Attachment D: Performance Measurements Resolution # To Encourage a Collaborative Budget Development and Approval Process for the Allocation of the Treatment Sales Tax under RCW 82.14.460 EVALUATION AND ACCOUNTABILITY Programs or services implemented under the Treatment Sales Tax (TST) ordinance are monitored by Mason County staff. TST grantees will have an evaluation plan with performance measures developed for each funded proposal. This plan is developed in partnership with Mason County staff. The emphasis will be on capturing data at regular intervals that can be used to determine whether the Treatment Sales Tax funding met expectations. Evaluation efforts focus on standardized data collection and reporting processes to produce the following types of information: • Quality of services (outputs, inputs) • Level of change occurring among participants (outcomes) • Return-on-investment (system savings) • Adherence to the model (fidelity) Key measurements are the number of people served and the outcomes of these services with particular attention paid to recidivism rates. A program is considered successful if it can: 1) `Verify' that, as a result of its activities, specific individuals or groups are better off than before; 2) `Document' that the money funding the program was spent to achieve the goals that were stated (accountability); 3) Provide `objective proofto people outside the program that it was a worthwhile use of resources, and; 4) Identify strengths and weaknesses to allow for `quality improvement'. REQUIRED MONITORING & REPORTING All awarded contracts and therapeutic courts will be required to submit performance reports on a quarterly and annual basis for both fiscal year and, if necessary, calendar year using the templates provided by the county. Mason County will provide templates, but reserves the right to change the requirements or reporting information to assess and analyze the effectiveness of funded programs and/or update the Community Health Improvement Plan. The county reserves the right to require monitoring activities for all funded programs and services. A narrative report is also requested to explain the number-driven data, speak to trends, successes, challenges and provide insights for future programming. EVALUATION PLAN AND DELIVERABLES The core performance measures are adapted from the National Center for State Courts Adult Drug Treatment Courts and Mental Health Courts. The performance measures may adapt as Washington State standards are adopted or as approved by the Mason County Commissioners. Reports are due to Mason County Community Services quarterly. The Therapeutic Court staff will provide quarterly briefs to the County Commissioners following the due dates of the quarterly reports to provide updates on such items as program deliverables, outcomes, strengths, challenges, feasibility and fidelity. Drug Family Mental Veterans Recommended Measure Court Recovery Health Court Court Court Program Capacity x x x x Total number of referrals to the prosecutor's office x x x x Average number of days between eligibility determination and admission (prosecutor's office sends letter to TC x x x x program manager) Average number of days between eligibility determination and treatment initiation x x x x Number of Defendants Referred to the referral team x x x x number with felony x x x x number with misdemeanor x x x x Number of referrals offered admission x x x x number with felony x x x x number with misdemeanor x x x x Number of referrals that denied admission x x x x number with felony x x x x number with misdemeanor x x x x Program Carry-in (current number of active participants x x x x continuing in the program from the previous year) Beginning population x x x x The number of NEW participants accepted into the program x x x x number with felony x x x x number with misdemeanor x x x x The numbers of participants that have dropped out or been x x x x withdrawn Graduates (retention) x x x x Ending Population x x x x Program Utilization (ending population divided by program x x x x capacity) Total time in the program (average number of days) x x x x Recidivism: in-program (the percentage of participants x x x x reoffending during program participation) Recidivism: post program - the percentage of participants convicted of a new offense for up to 2 years after program x x x x exit, measured annually Other Data Drug of Choice x x x x Opioid x x x x Non-opioid x x x x Alcohol x x x x Number of households reunified x Number of drug-free births x Case Management Activities by Court Total number of clients x x x x Number of new clients x x x x Number employed at the beginning of the program (>20 hx x x x rs/wk) Number employed at the end of the program >20 hrs/wk) x x x x Number with a HS diploma or GED at entry x x x x Number with a HS diploma or GED at exit x x x x Number enrolled in a GED/HS21+ program (requirement) Number enrolled in college x x x x Number of new enrollments that are literally homeless x x x x Number of participants that are doubled up or couch surfing x x x x The number of program participants that exit to permanent hx x x x housing Housing Stability: The number of participants that become homeless while in the program x x x x Number enrolled in mental health treatment x x x x Number enrolled in chemical dependency treatment x x x x Number in treatment with co-occurring disorders x x x x Anecdotal / Narrative Reporting Public Defense and Prosecutors Office Referral system and referral rate x x x x Barriers to enrollment and possible solutions x x x x Areas of success x x x x Improvement efforts x x x x Therapeutic Courts Barriers to enrollment x x x x Program retention x x x x Challenges/ gaps / needs x x x x Graduation success stories x x x x Progress toward annual goals x x x x Fidelity adherence to evidence-basedpractices) x x x x MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Casey Bingham DEPARTMENT: Public Health EXT: 562 BRIEFING DATE: 4/9/2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Waste 2 Resources Local Solid Waste Financial Assistance Agreement Background. This Agreement will provide $ 89,860 in funding for the solid waste program. The funding requires a 25% match, $ 22,465, the match is provided from tipping fees that are collected to support the solid waste program. The contract is from July 2017, to June 2019. BUDGET IMPACTS: This has been an ongoing program with ecology and has been budgeted for the 2018 and 2019 year. RECOMMENDED OR REQUESTED ACTION: Allow Agreement W2RLSWFA-1719 maCoPH-00059 with the Department of ecology to be moved the Action Agenda for 4/17/18 Briefing Summary 4/3/2018 Z DEPARTMENT OF sm� ECOLOGY State of Washington Agreement No. W2RLSWFA-1719-MaCoPH-00059 WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY PUBLIC HEALTH This is a binding Agreement entered into by and between the state of Washington,Department of Ecology, hereinafter referred to as"ECOLOGY,"and MASON COUNTY PUBLIC HEALTH,hereinafter referred to as the "RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2017-19 LSWFA Mason Co PH SWE Total Cost: $180,000.00 Total Eligible Cost: $89,860.00 Ecology Share: $67,395.00 Recipient Share: $22,465.00 The Effective Date of this Agreement is: 07/01/2017 The Expiration Date of this Agreement is no later than: 06/30/2019 Project Type: Solid Waste Enforcement Project Short Description: Mason County Public Health will incur$89,860.00 in costs to monitor and enforce regulations at solid waste handling facilities and sites and will investigate,educate and enforce solid waste regulations throughout Mason County. The County expects facilities to remain in compliance and that 264 complaints or concerns are resolved over the two year assistance agreement. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. State of Washington Department of Ecology Page 2 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH RECIPIENT INFORMATION Organization Name: MASON COUNTY PUBLIC HEALTH Federal Tax ID: 91-6001354 DUNS Number: 232002101 Mailing Address: 415 N 6th Street Shelton,WA 98584 Physical Address: 415 N 6th Street Shelton,Washington 98584 Organization Email: dlr@co.mason.wa.us Organization Fax: (360)427-7787 Contacts Project Manager Deborah Riley Environmental Health Manager 415 N 6th Street Shelton, Washington 98584 Email: dlr@co.mason.wa.us Phone: (360)427-9670 9 Billing Contact Casey Bingham Finance Manager 415 North 6th Street shelton, Washington 98584 Email: caseyb@co.mason.wa.us Phone: (360)427-9670 Authorized Deborah L Riley Signatory Environmental Health Manager 415 N 6th Street Shelton, Washington 98584 Email: dlr@co.mason.wa.us Version 10/30/2015 State of Washington Department of Ecology Page 3 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH ECOLOGY INFORMATION Mailing Address: Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Waste 2 Resources 300 Desmond Drive SE Lacey,WA 98503 Contacts Greg Gachowsky Project Manager PO Box 47775 Olympia, Washington 98504-7775 Email: ggac461@ecy.wa.gov Phone: (360)407-6125 Greg Gachowsky Financial Manager PO Box 47775 Olympia, Washington 98504-7775 Email: ggac461@ecy.wa.gov I Phone: (360)407-6125 Version 10/30/2015 State of Washington Department of Ecology Page 4 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws,statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood,and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth, or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF:the parties hereto,having read this Agreement in its entirety,including all attachments,do agree in each and every particular and have thus set their hands hereunto. Washington State MASON COUNTY PUBLIC HEALTH Department of Ecology By: By: Laurie Davies Date Deborah L Riley Date Waste 2 Resources Environmental Health Manager Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 State of Washington Department of Ecology Page 5 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH Kevin Shutty Chair of the Board of Commissioners Date Version 10/30/2015 State of Washington Department of Ecology Page 6 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH SCOPE OF WORK Task Number: 1 Task Cost: $89,860.00 Task Title: Solid Waste Enforcement Task Description: Activity: Solid Waste Facilities/Sites(Permitted/Exempt) RECIPIENT will monitor solid waste handling facility compliance with applicable state solid waste regulations including but not limited to Chapter 173-350 WAC(Solid Waste Handling Standards),Chapter 173-351 WAC (Criteria for Municipal Solid Waste Landfills),Chapter 173-304 WAC(Minimum Functional Standards for Solid Waste Handling),and any related local solid waste regulations,or codes. RECIPIENT will accomplish monitoring of solid waste handling facilities and sites as prescribed by the applicable solid waste regulation(s),including but not limited to permitting inspections and oversight,review of groundwater data,and annual review of financial assurance. Ordinance development necessary to comply with chapter 173-350 WAC,including travel to attend Ecology sponsored trainings,are eligible costs for reimbursement under this Agreement. New solid waste permit applications and notices of exemption considered during the grant period for facilities not listed in this task may be managed under this agreement. There are seven(7)solid waste facilities or sites currently identified in Mason County with an active solid waste permit:Eells Hill Transferstation(including the Landfill and Household Hazerdous Waste facility),Hoodsport Drop Box,Union Drop Box,Belfair Drop Box,Washington Corrections Center Composting Facility,North Mason Fiber Company,and the Green Diamond-Dayton Limited Purpose Landfill. Permit renewals for those facilities shall be issued per Chapter 173.350.710(3)WAC and Chapter 70.95.190 RCW. There are currently three(3)solid waste facilities or sites identified in Mason County in post closure status: Eells Hill Municipal Landfill, Simpson-Matlock Woodwaste Landfill,and the Green Diamond Limited Purpose Landfill. RECIPIENT may inspect and monitor sites that are in"exempt"status. Effort must be made to work with additional qualifying sites to establish them as notified and reporting"exempt"sites. There are nine(9)solid waste facilities or sites currently identified in Mason County in exempt status:Mason County Garbage and Recycle,Mason County Wood Recyclers,Allen M Shearer Trucking, Bill McTumal Enterprises,Peninsula Topsoil,Brady Trucking(two locations),Associated Steel,and Deer Creek Landscape Supply. Activity: Solid Waste Investigation,Assistance,Enforcement RECIPIENT will investigate solid waste related complaints or concerns,including, at the RECIPIENT's discretion, assisting in the proper handling of abandoned or illegally stored junk or nuisance vehicles. RECIPIENT will offer technical assistance about solid waste regulations and how to prevent violations and will enforce as necessary. RECIPIENT will provide public education about proper handling and disposal methods,and how to prevent violations. Task Goal Statement: The goal of this task is to protect human health and the environment by preventing violations in the first place. RECIPIENT expects to reach this goal by providing technical assistance and education,by monitoring for compliance with state and local solid waste regulations, and by enforcing upon those in non-compliance when necessary. Version 10/302015 State of Washington Department of Ecology Page 7 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH Task Expected Outcome: RECIPIENT will complete at least one inspection per calendar year at each permitted solid waste facility or site. RECIPIENT will track facilities/sites monitored and include the information in quarterly progress reports,including uploading a copy of inspection reports conducted in the quarter. RECIPIENT will file all issued permits as prescribed herein. RECIPIENT expects to investigate 220 solid waste related complaints or concerns, including,at the RECIPIENT's discretion,assisting in the proper handling of abandoned or illegally stored junk or nuisance vehicles. Recipient Task Coordinator: Maria Machado Solid Waste Enforcement Deliverables Number Description Due Date Work as defined in the Scope of Work for this agreement is 06/30/2019 i implemented Version 10/30/2015 State of Washington Department of Ecology Page 8 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH BUDGET Funding Distribution EG180285 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Mason Co SWE Funding Type: Grant Funding Effective Date: 07/01/2017 Funding Expiration Date: 06/30/2019 Funding Source: Title: State Building Construction Account(SBCA) Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate:25% Recipient Match%: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Mason Co SWE Task Total Solid Waste Enforcement $ 89,860.00 Total: S 89,860.00 Version 10/30/2015 State of Washington Department of Ecology Page 9 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Mason Co SWE 25.00 % $ 22,465.00 $ 67,395.00 $ 89,860.00 Total $ 22,465.00 S 67,395.00 S 89,860.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred, proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. 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 ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal Version 10/30/2015 State of Washington Department of Ecology Page 10 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it, and all lower tier recipients or contractors,are not suspended or debarred,and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in : l=://www.sam.2ov>and print a copy of completed searches to document proof of compliance. B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REOUIREIVIENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. • Receives more than$25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements,including the required DUNS number, at www.fsrs. ov<http://www.fsrs.pov/>within 30 days of agreement signature.The FFATA information will be available to the public at www.usasi2ending: og v<h=://www.usasl2ending.gov/>. For more details on FFATA requirements,see www.fsrs. ov�<http://www.fsrs.izov/>. Version 10/30/2015 State of Washington Department of Ecology Page 11 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects,if required,comply with Governor Executive Order 05-05,Archaeology and Cultural Resources. • For projects with any federal involvement, if required,comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves ground disturbing activities.ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic Preservation at(360)586-3064,any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Page 12 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44.055,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website,http://www.des.wa.gov/services/ContractingPurchasingBusinessNendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial, performance,and other reports required by this agreement.Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws,orders,regulations, and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. Version 10/30/2015 State of Washington Department of Ecology Pale 13 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work,or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact Version 10/30/2015 State of Washington Department of Ecology Page 14 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH the ECOLOGY Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA)officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004(Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at:http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables, raw data collection files,map products,and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned(WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged to take the following actions,when possible,in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified Version 10/30/2015 State of Washington Department of Ecology Page 15 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b)The Agreement; (c)Scope of Work;(d) Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the"Administrative Requirements for Recipients of Ecology Grants and Loans";and(f)the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets, videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message, such as a refrigerator magnet,and any online communications, such as web pages,blogs,and twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to Version 10/30/2015 State of Washington Department of Ecology Page 16 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH authorize others to use the same for federal, state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers,lectures, or seminars involving information supplied by ECOLOGY;or use logos,reports, maps, or other data in printed reports,signs,brochures,pamphlets, etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies,Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. 21. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington,for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of Version 10/30/2015 State of Washington Department of Ecology Page 17 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times, in order to monitor and evaluate performance,compliance,and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY 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,and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as:use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services,EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable,and 100%post-consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing,, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the Version 10/30/2015 State of Washington Department of Ecology Page 18 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. 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. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. 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. Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced,or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions,although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor.In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work Version 10/30/2015 State of Washington Department of Ecology Page 19 of 19 Agreement No: W2RLSWFA-1719-MaCoPH-00059 Project Title: 2017-19 LSWFA Mason Co PH SWE Recipient Name: MASON COUNTY PUBLIC HEALTH completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 Cert Cert Receipt NotP.v/Correctww/VA/Daft, -4s& Trea4twerkRecP.%ptNo:fr Nuotber Type InWal- Na4neian.CetVL6eat& Vat&pr6rt Number ect. 'Dep**XVateiVerCft—V- 1316606 D KKK SNAVELY, JOHN 3/1/2018 FOREST CORRECTION REPLACED BY 01316661 Billed 4/3/2018 1316607 D KKK SNAVELY, JOHN 3/1/2018 FOREST CORRECTION REPLACED BY #1316662 Billed 413120I8 1316608 D KKK SNAVELY, JOHN 3/1/2018 FOREST CORRECTION REPLACED BY #1316663 Billed 4/3/2018 1316609 D KKK SNAVELY, JOHN 3/1/2018 FOREST CORRECTION REPLACED BY #1316664 Billed 4/3/2018 1316610 B KKK SNYDER, MASON 3/1/2018 000428 2018-42244 03/02/2018 1316611 VOID KKK 3/1/2018 VOIDED PRINTING ERROR 1316612 B KKK ALLEN, RAMONA 3/2/2018 #00432 2018-42393 03/07/2018 1316613 B KKK CRUZ, JESSICA 3/1/2018 #00431 2018-42393 03/07/2018 1316614 D SDE RIDGE, DESRAY 3/1/2018 #00435 2018-42393 03/07/2018 1316615 D SDE RIDGE, DESRAY 3/1/2018 #00435 2018-42393 03/07/2018 1316616 D SDE RIDGE, DESRAY 3/1/2018 #00435 2018-42393 03/07/2018 1316617 D SDE RIDGE, DESRAY 3/1/2018 #00435 2018-42393 03/07/2018 1316618 D SDE RIDGE, DESRAY 3/1/2018 #00435 2018-42393 03/07/2018 1316619 B KKK MAIAVA, TOIMANE 3/1/2018 #00436 2018-42244 03/02/2018 1316620 B KKK GOULDIE, RAYMOND 3/1/2018 #00430 2018-42244 03/02/2018 1316621 B KKK KULCEYK, DAMIEL 3/1/2018 #00437 2018-42393 03/07/2018 1316622 B KKK LAWRENCE, KATHARINE 3/1/2018 #00438 2018-42244 03/02/2018 1316623 B KKK LAWRENCE, KATHARINE 3/1/2018 #00438 2018-42244 03/02/2018 1316624 B KKK AFO,JORDAN 3/2/2018 #00439 2018-42278 03/05/2018 1316625 B KKK CHARTIER, KYALIE 3/2/2018 #00440 2018-42278 03/05/2018 1316626 B KKK CHALES, MAYDA 3/2/2018 #00441 2018-42278 03/05/2018 1316627 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 4/3/2018 1316628 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 4/3/2018 1316629 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 413/2018 1316630 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 413/2018 1316631 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 4/3/2018 1316632 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 413/2018 1316633 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 4/3/2018 1316634 D KKK RIDOUT, FLOYD 3/2/2018 MCCOMBS Billed 4/3/2018 1316635 - D KKK ANDERSON, ROSALEE 3/2/2018 FOREST CORRECTION REPLACES CERT#1316598 Billed 4/3/2018 1316636 D KKK COLEMAN, JULIE 3/2/2018 MCCOMBS Billed 4/3/2018 1316637 D KKK COLEMAN, JULIE 3/2/2018 MCCOMBS Billed 413/2018 1316638 D KKK COLEMAN, JULIE 3/2/2018 MCCOMBS Billed 4/3/2018 1316639 D KKK COLEMAN, JULIE 3/2/2018 MCCOMBS Billed 4/3/2018 1316640 B KKK HANTEL, DERICH 3/5/2018 #00445 2018-42456 03/09/2018 1316641 B KKK VANDERWAL, BOBBIE 3/5/2018 #00446 2018-42340 03/06/2018 1316642 B KKK DEWADE, PATRICIA 3/5/2018 #00447 2018-42340 03/06/2018 1316643 VOID KKK 3/5/2018 VOIDED PRINTING ERROR 1316644 B KKK ROBLEDO, MELANIE 3/5/2018 #00454 2018-42456 03/09/2018 1316645 B KKK COOK, DANIEL 3/5/2018 #00461 2018-42340 03/06/2018 1316696 B KKK CARKHUFF, MADISON 3/5/2018 400956 2018-42340 03/06/2018 1316647 B MRB LUOMA, XANDER 3/5/2018 #00457 2018-42340 03/06/2018 1316648 B MRB PANTAJO, ANNA 3/5/2018 #00457 2018-42340 03/06/2018 1316649 D KKK CHEMIDLIN, SUE 3/5/2018 #00459 2018-42340 03/06/2018 1316650 D KKK CHEMIDLIN, SUE 3/5/2018 #00459 2018-42340 03/06/2018 1316651 D KKK HIGGINS, CARLEEN 3/5/2018 MCCOMBS Billed 413/2018 1316652 D KKK PATTERSON, MARION 3/5/2018 MCCOMBS Billed 4/3/2018 1316653 D KKK LUND, GLENN 3/5/2018 MCCOMBS Billed 4/3/2018 1316654 B KKK MENDOZA, HAILEY 3/5/2018 #00455 2018-42340 03/06/2018 1316655 D KKK COBLER, BILL 3/5/2018 MCCOMBS Billed 413/2018 1316656 D KKK COBLER, BILL 3/5/2018 MCCOMBS Billed 413/2018 1316657 D KKK COBLER, BILL 3/5/2018 MCCOMBS Billed 413/2018 1316658 D KKK COBLER, BILL 3/5/2018 MCCOMBS Billed 413/2018 1316659 D KKK COBLER, BILL 3/5/2018 MCCOMBS Billed 4/3/2018 1316660 D KKK COBLER, BILL 3/5/2018 MCCOMBS VA-DD214PROVIDED&ATTACHED TO APP. Billed 4/3/2018 1316661 D KKK SNAVELY, JOHN 3/5/2018 FOREST CORRECTIONS REPLACES 1316606 Billed 4/3/2018 1316662 D KKK SNAVELY, JOHN 3/5/2018 FOREST CORRECTIONS REPLACES 1316607 Billed 4/3/2018 1316663 D KKK SNAVELY, JOHN 3/5/2018 FOREST CORRECTIONS REPLACES 1316608 Billed 413/2018 1316664 D KKK SNAVELY, JOHN 3/5/2018 FOREST CORRECTIONS REPLACES 1316609 Billed 413/2018 1316665 B KKK MOUGOUS, CAMERON 3/6/2018 #00201 2018-42484 03/12/2018 1316666 B KKK WILLIS, JASON 3/6/2018 #00204 2018-42371 03/07/2018 1316667 B KKK WEBB, DELYSIA 3/6/2018 #00205 2018-42371 03/07/2018 1316668 1316669 B KKK GARCIA-VELAZQUEZ, ANGEL 3/6/2018 #00467 2018-42371 03/07/2018 1316670 B SDE MOON, ALEXIA 3/6/2018 #00470 2018-42371 03/07/2018 1316671 B KKK WRIGHT, AUDREY 3/6/2018 #00472 2018-42371 03/07/2016 1316672 D KKK SPAULDING, BENJAMIN 3/7/2018 MCCOMBS Billed 4/3/2018 1316673 D KKK SPAULDING, BENJAMIN 3/7/2018 MCCOMBS Billed 413/2018 1316674 D KKK SPAULDING, BENJAMIN 3/7/2018 MCCOMBS Billed 413/2018 1316675 D KKK SPAULDING, BENJAMIN 3/7/2018 MCCOMBS Billed 413/2018 1316676 D KKK SPAULDING, BENJAMIN 3/7/2018 MCCOMBS Billed 413/2018 1316677 D KKK HUBBARD, MIKE 3/7/2018 MCCOMBS Billed 4/3/2018 1316678 D KKK HUBBARD, MIKE 3/7/2018 MCCOMBS Billed 4/3/2018 1316679 D KKK HUBBARD, MIKE 3/7/2018 MCCOMBS Billed 4/3/2018 1316660 D KKK HUBBARD, MIKE 3/7/2018 MCCOMBS Billed 4/3/2018 1316681 D KKK HUBBARD, MIKE 3/7/2018 MCCOMBS Billed 4/3/2018 1316682 D KKK HUBBARD, MIKE 3/7/2018 MCCOMBS Billed 4/3/2018 1316683 D KKK HUBBARD, MIKE 3/7/2018 MCCOMBS Billed 4/3/2018 1316684 D KKK VOSS, MYRA 3/7/2018 MCCOMBS Billed 4/3/2018 1316685 D KKK VOSS, MYRA 3/7/2018 MCCOMBS Billed 4/3/2018 1316686 D KKK VOSS, MYRA 3/7/2018 MCCOMBS Billed 4/3/2018 1316687 D KKK BERGESON, MELISSA 3/7/2018 MCCOMBS Billed 4/3/2018 1316688 D KKK BERGESON, MELISSA 3/7/2018 MCCOMBS Billed 4/3/2018 1316689 B KKK SCHERR, HOPE 3/7/2018 #00482 2016-42402 03/08/2018 1316690 B KKK SCHERR, FAITH 3/7/2018 #00482 2018-42402 03/08/2018 1316691 B KKK FON'S, GASPAR 3/7/2018 #00483 2018-42785 03/21/2018 1316692 B KKK CAMCHO, SOFIE 3/7/2018 #00484 2018-42402 03/08/2018 1316693 B KKK FRANCO, RICHARD 3/7/2018 #00484 2018-42402 03/08/2018 1316694 B KKK TOBIN, NATHAN 3/7/2018 #00485 2018-42785 03/21/2018 1316695 D KKK MCDOWELL, ROBERT 3/6/2018 #00476 2018-42371 03/07/2018 1316696 D KKK MCDOWELL, ROBERT 3/6/2018 #00476 2018-42371 03/07/2018 1316697 D KKK MCDOWELL, ROBERT 3/6/2018 #00476 2018-42371 03/07/2018 1316698 D KKK MCDOWELL, ROBERT 3/6/2018 #00476 2018-42371 03/07/2018 1316699 B MRB SIGO, FLORENCE 3/7/2018 #00466 2018-42402 03/08/2018 1316700 B KKK GOLDSBY, CAROL 3/7/2016 #00467 2018-42402 03/08/2018 1316701 B KKK URDAHL, ELIAS 3/7/2018 #00488 2018-42785 03/21/2018 1316702 D KKK FLATAKER, MARYLOU 3/8/2018 FOREST Billed 4/3/2018 1316703 D KKK FLATAKER, MARYLOU 3/8/2018 FOREST Billed 4/3/2018 1316704 D KKK FLATAKER, MARYLOU 3/8/2018 FOREST Billed 4/3/2018 1316705 D KKK FLATAKER, MARYLOU 3/8/2018 FOREST Billed 4/3/2018 1316706 D KKK FLATAKER, MARYLOU 3/8/2018 FOREST Billed 4/3/2018 1316707 D KKK CRUMPACKER, BERNCIE 3/8/2018 FOREST Billed 4/3/2018 1316708 D KKK FRANKHOUSER, IVOR 3/8/2018 MCCOMBS Billed 4/3/2018 1316709 D KKK FRANKHOUSER, IVOR 3/8/2018 MCCOMBS Billed 4/3/2018 1316710 D KKK FRANKHOUSER, IVOR 3/8/2018 MCCOMBS Billed 4/3/2018 1316711 D KKK FRANKHOUSER, IVOR 3/8/2018 MCCOMBS Billed 4/3/2018 1316712 D KKK FRANKHOUSER, IVOR 3/8/2018 MCCOMBS Billed 4/3/2018 1316713 D KKK FRANKHOUSER, IVOR 3/8/2018 MCCOMBS Billed 4/3/2018 1316714 D KKK FRANKHOUSER, IVOR 3/8/2018 MCCOMBS Billed 4/3/2018 1316715 D KKK PATTON, IRENE 3/8/2018 MCCOMBS Billed 4/3/2018 1316716 D KKK PATTON, IRENE 3/8/2018 MCCOMBS Billed 4/3/2018 1316717 D KKK PATTON, IRENE 3/8/2018 MCCOMBS Billed 4/3/2018 1316718 D KKK PATTON, IRENE 3/8/2018 MCCOMBS Billed 4/3/2018 1316719 B KKK LOTT, STEVIE 3/8/2018 #00490 2018-42436 03/09/2018 1316720 B SDE MARTIN-CALMO, MILEY 3/8/2018 #00491 2018-42436 03/09/2018 1316721 B KKK RAMOS, LEONEL 3/8/2018 #00492 2018-42436 03/09/2018 1316722 B KKK LEWIS, REBEL 3/8/2018 #00493 2018-42436 03/09/2018 1316723 D KKK MUSTA, SHIRLEY 3/8/2018 FOREST Billed 4/3/2018 1316724 D KKK MUSTA, SHIRLEY 3/8/2018 FOREST Billed 4/3/2018 1316725 D KKK MUSTA, SHIRLEY 3/8/2018 FOREST Billed 4/3/2018 1316726 D KKK MUSTA, SHIRLEY 3/8/2018 FOREST Billed 4/3/2018 1316727 D KKK MUSTA, SHIRLEY 3/8/2018 FOREST Billed 4/3/2018 1316728 D KKK MUSTA, SHIRLEY 3/8/2018 FOREST Billed 4/3/2018 1316729 B KKK JOHNSON, ETHAN 3/8/2018 #00496 2018-42474 03/12/2018 1316730 B KKK JOHNSON, ETHAN 3/8/2018 #00496 2018-42474 03/12/2018 1316731 B KKK GARD, CHRIS 3/8/2018 #00502 2018-42656 03/15/2018 1316732 B KKK HANSON, BELLA 3/9/2018 #00497 2018-42474 03/12/2018 1316733 B KKK BERGESON, MELISSA 3/9/2018 #00506 2018-42789 03/21/2018 1316734 D KKK MUELLER, SYLVIA 3/12/2018 MCCOMBS Billed 4/3/2018 1316735 D KKK MUELLER, SYLVIA 3/12/2018 MCCOMBS Billed 4/3/2018 1316736 D KKK PAULSON, EDNA 3/12/2016 MCCOMBS Billed 4/3/2018 1316737 D KKK PAULSON, EDNA 3/12/2018 MCCOMBS Billed 4/3/2018 1316738 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316739 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316740 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316741 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316742 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316743 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316744 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316745 D KKK PAULSON, EDNA 3/9/2018 MCCOMBS Billed 4/3/2018 1316746 D KKK MUELLER,SYLVIA 3/12/2018 MCCOMBS Billed 4/3/2018 1316747 D KKK MUELLER,SYLVIA 3/12/2018 MCCOMBS Billed 4/3/2018 1316748 D KKK MUELLER,SYLVIA 3/12/2018 MCCOMBS Billed 4/3/2018 1316749 D KKK HUGHLITT, LUCILLE 3/12/2018 MCCOMBS Billed 4/3/2018 1316750 D KKK HUGHLITT, LUCILLE 3/12/2018 MCCOMBS Billed 4/3/2018 1316751 D KKK HUGHLITT, LUCILLE 3/12/2018 MCCOMBS Billed 4/3/2018 1316752 VOID KKK 3/12/2018 MCCOMBS VOIDED PRINTING ERROR Billed 4/3/2018 1316753 VOID KKK 3/12/2018 MCCOMBS VOIDED PRINTING ERROR Billed 4/3/2018 1316754 D KKK HUGHLITT, LUCILLE 3/12/2016 MCCOMBS Billed 4/3/2018 1316755 D KKK HUGHLITT, LUCILLE 3/12/2018 MCCOMBS Billed 4/3/2018 1316756 D KKK BRISSETTE,DAVID 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1786323 Billed 4/3/2018 1316757 D KKK BRISSETTE,DAVID 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1786324 Billed 4/3/2018 1316758 D KKK BRISSETTE,DAVID 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1786325 Billed 4/3/2018 1316759 D KKK BRISSETTE,DAVID 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1786326 Billed 41312018 1316760 D KKK BRISSETTE,DAVID 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1786327 Billed 41312018 1316761 D KKK PATTON, VERNA 3/12/2018 MCCOMBS Billed 4/312018 1316762 D KKK PATTON, VERNA 3/12/2018 MCCOMBS Billed 4/312018 1316763 D KKK PATTON, VERNA 3/12/2018 MCCOMBS Billed 4/312018 1316764 D KKK PATTON, VERNA 3/12/2018 MCCOMBS Billed 4/312018 1316765 D KKK LEWELLEN, WILLIAM 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1316811 Billed 4/3/2018 1316766 D KKK LEWELLEN, WILLIAM 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1316B12 Billed 4/3/2018 1316767 D KKK LEWELLEN, WILLIAM 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1316813 Billed 4/3/2018 1316768 D KKK LEWELLEN, WILLIAM 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1316814 Billed 4/3/2018 1316769 D KKK LEWELLEN, WILLIAM 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1316815 Billed 4/3/2018 1316770 D KKK LEWELLEN, WILLIAM 3/12/2018 MCCOMBS CORRECTION - REPLACED W/1316816 Billed 4/3/2018 1316771 D KKK MITCHELL, LAURIE 3/12/2018 MCCOMBS Billed 41312018 1316772 D KKK MITCHELL, LAURIE 3/12/2018 MCCOMBS Billed 4/312018 1316773 D KKK MITCHELL, LAURIE 3/12/2018 MCCOMBS Billed 4/3/2018 1316774 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 4/3/2018 1316775 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 4/3/2018 1316776 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 4/3/2018 1316777 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 4/3/2018 1316778 D KKK CARLSON, ANITA 3/12/2016 MCCOMBS Billed 4/3/2018 1316779 D KKK CARLSON, ANITA 3/12/2016 MCCOMBS Billed 4/312018 1316780 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 4/3/2018 1316781 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 4/3/2018 1316782 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 4/312018 1316783 D KKK CARLSON, ANITA 3/12/2018 MCCOMBS Billed 413/2018 1316784 B KKK HOMAN, TRINITY 3/12/2018 #00509 2018-42789 03/21/2018 1316785 D KKK WAGNER, RUDOLF 3/13/2018 MCCOMBS Billed 41312018 1316786 D KKK WAGNER, RUDOLF 3/13/2018 MCCOMBS Billed 4/312018 1316787 D KKK WAGNER, RUDOLF 3/13/2018 MCCOMBS Billed 4/312018 1316788 D KKK CHRISTENSEN, MARGARET 3/13/2018 MCCOMBS CORRECTED-REPLACED W/1786364 Billed 4/312018 1316789 D KKK CHRISTENSEN, MARGARET 3/13/2018 MCCOMBS CORRECTED-REPLACED W/1786365 Billed 4/312018 1316790 D KKK CHRISTENSEN, MARGARET 3/13/2018 MCCOMBS CORRECTED-REPLACED W/1786366 Billed 4/312018 1316791 D KKK CHRISTENSEN, MARGARET 3/13/2018 MCCOMBS CORRECTED-REPLACED W/1786367 Billed 4/312018 1316792 D KKK CHRISTENSEN, MARGARET 3/13/2018 MCCOMBS CORRECTED-REPLACED W/1786368 Billed 4/3/2018 1316793 D KKK BRISSETTE, DAVIS 3/13/2018 MCCOMBS VA DD214 PROVIDED/CORRECTED - Billed 41312018 REPLACED W/CERT#1786328 1316794 B KKK MITCHELL, MARK 3/13/2018 #00511 2018-42547 03/14/2018 1316795 VOID KKK ROBINSON, TERRY 3/13/2018 #00513 VOIDED REPLACED WITH REC##00514 2018-42547 03/14/2018 1316796 D KKK ROBINSON, TERRY 3/13/2018 #00514 2018-42547 03/14/2018 1316797 B KKK HAYES, KARLIN 3/13/2018 #00516 2018-42547 03/14/2018 1316798 D KKK BLOCK, SHERIDAN 3/13/2018 MCCOMBS Billed 4/312018 1316799 D KKK BLOCK, SHERIDAN 3/13/2018 MCCOMBS Billed 4/3/2018 1316800 D KKK BLOCK, SHERIDAN 3/13/2018 MCCOMBS Billed 4/3/2018 1316801 D KKK BLOCK, SHERIDAN 3/13/2018 MCCOMBS Billed 4/3/2018 1316802 D KKK BLOCK, SHERIDAN 3/13/2018 MCCOMBS Billed 4/3/2018 1316803 D KKK BUITENKANT, IRENE 3/13/2018 MCCOMBS Billed 4/3/2018 1316804 D KKK BUITENKANT, IRENE 3/13/2018 MCCOMBS Billed 4/3/2018 1316805 D KKK BUITENKANT, IRENE 3/13/2018 MCCOMBS Billed 4/3/2018 1316806 D KKK BUITENKANT, IRENE 3/13/2018 MCCOMBS Billed 4/312018 1316807 D KKK BUITENKANT, IRENE 3/13/2018 MCCOMBS Billed 4/312018 1316808 D KKK BUITENKANT, IRENE 3/13/2018 MCCOMBS Billed 4/3/2018 1316809 D KKK AMBLER, JOHN 3/14/2018 MCCOMBS Billed 4/312018 1316810 D KKK AMBLER, JOHN 3/14/2018 MCCOMBS Billed 4/3/2018 1316811 D KKK LEWELLEN, WILLIAM 3/14/2018 MCCOMBS CORRECTED-REPLACES CERT# 1316765 Billed 4/3/2018 1316812 D KKK LEWELLEN, WILLIAM 3/14/2018 MCCOMBS CORRECTED-REPLACES CERT# 1316766 Billed 4/3/2018 1316813 D KKK LEWELLEN, WILLIAM 3/14/2018 MCCOMBS CORRECTED-REPLACES CERT# 1316767 Billed 4/3/2018 1316814 D KKK LEWELLEN, WILLIAM 3/14/2018 MCCOMBS CORRECTED-REPLACES CERT# 1316768 Billed 4/3/2018 1316815 D KKK LEWELLEN, WILLIAM 3/14/2018 MCCOMBS CORRECTED-REPLACES CERT# 1316769 Billed 4/312018 1316816 D KKK LEWELLEN, WILLIAM 3/14/2018 MCCOMBS CORRECTED-REPLACES CERT# 1316770 Billed 4/312018 1316817 D KKK VAUGHAN, SHARON 3/14/2018 MCCOMBS Billed 4/312018 1316818 D KKK VAUGHAN, SHARON 3/14/2018 MCCOMBS Billed 4/3/2018 1316819 D KKK VAUGHAN, SHARON 3/14/2018 MCCOMBS Billed 4/312018 1316820 D KKK VAUGHAN, SHARON 3/14/2018 MCCOMBS Billed 4/3/2018 1316821 D KKK VAUGHAN, SHARON 3/14/2018 MCCOMBS Billed 4/312018 1316822 D KKK VAUGHAN, SHARON 3/14/2018 MCCOMBS Billed 4/312018 1316823 D KKK MUEGGE, EDWIN 3/14/2018 MCCOMBS Billed 4/3/2018 1316824 D KKK MUEGGE, EDWIN 3/14/2018 MCCOMBS Billed 4/3/2018 1316825 D KKK HELLMAN, MAUREEN 3/14/2018 MCCOMBS Billed 4/312018 1316826 D KKK HELLMAN, MAUREEN 3/14/2018 MCCOMBS Billed 4/3/2018 1316827 D KKK HELLMAN, MAUREEN 3/14/2018 MCCOMBS Billed 4/3/2018 1316828 D KKK HELLMAN, MAUREEN 3/14/2018 MCCOMBS Billed 4/312018 1786301 D KKK HELLMAN, MAUREEN 3/14/2018 MCCOMBS Billed 4/3/2018 1786302 D KKK HELLMAN, MAUREEN 3/14/2018 MCCOMBS Billed 4/3/2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: April 9, 2018 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information ITEM: Read News Release; BUILDING #8 ONE DAY CLOSURE APRIL 2511, 2018 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The departments biannual all staff training will be conducted at the county public works building on this day. These trainings are essential for meeting local, state, and federal standards. BUDGET IMPACTS: Public Notice fees RECOMMENDED OR REQUESTED ACTION: Add to Agenda for April 10, 2018 in order to provide public notice ATTACHMENTS: News release Briefing Summary 3/29/2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: April 9, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information] ITEM: Place on Commission agenda for April 17th vote to allow Mason County Community Services Director signature authority for contracts and amendments for changes in contracts not to exceed $15,000. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions)The Department of Community Services enters into small contracts with local and state partners to execute various grant deliverables and to assist partners in achieving the goals of Mason County. These new contracts and changes to contracts typically have budget impacts of less than $15,000. Pushing these minor changes to the contract through the briefing/commission process slows the adoption by several weeks. This change would allow the Director of Mason County Community Services to sign and return contracts and contract amendments in a timelier manner and would be reported at the next regularly scheduled Board of Commissioners meeting. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Request approval ATTACHMENTS: Resolution Briefing Summary 4/2/2018 f I 1 i I Resolution A Resolution authorizing the Community Services Director to approve and sign certain Contract Amendments WHEREAS, The Department of Community Services enters into small contracts with local and state partners to execute various grant deliverables and to assist partners in achieving the goals of Mason County and, WHEREAS, Amendments to the contracts are issued from time to time as programs change and funding levels changes and, WHEREAS, New opportunities arise to enter into partnerships arrive on very short notice and, WHEREAS, Funding levels are generally small, in many cases the amount being addressed is smaller than the cost of staff time to move the contracts through the briefing and Commission process and, WHEREAS, Contracts are passed through the Prosecutors' Office for legal review and, WHEREAS, Allowing the Mason County Community Services Director to sign certain contracts shortens the turn-around time in the signature process and, WHEREAS, Contracts will be briefed to the Board of County Commissioners at the next regularly scheduled briefing and, NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners to authorize the Mason County Community Services Director to approve and sign contracts that do not exceed $15,000. Adopted this day of April, 2018. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair E April 2, 2018 I APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief DPA Terri Drexler, Commissioner April 2, 2018 Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kristopher Nelsen, PAC Manager DEPARTMENT: Community Services EXT: 359 BRIEFING DATE: 4/9/2018 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information ITEM: Consulting for Building Division Services RFP. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In preparation of the continued workload and the expected increase during the peak season that become impacted during emergent staffing needs, the Permit Assistance Center would like to have a preestablished service contract of local professionals capable in performing inspection and review processes on an as needed basis. This type of service approach should only be executed when workload capacity and/or specialized services are required beyond the scope of current staffing levels (or reduction in staff due to extended sick leave, resignation...). BUDGET IMPACTS: Calculated contract rates may not exceed the fee for services previously established within a permit's cost minus administrative recovery. RECOMMENDED OR REQUESTED ACTION: Approval to issue an RFP for Building Division Services. ATTACHMENTS: RFP Draft Briefing Summary 3/29/2018 MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Request for Proposals Consulting for Building Division Services Purpose The purpose of this Request for Proposals (RFP) is to solicit competitive proposals from qualified persons and/or firms to provide building inspections and plan check services on an as need basis to Mason County (County). The County's intent is to minimize response time and improve customer services by accompanying in house staff with consulting services on as needed basis in the areas of building inspections and building plan check. All proposals must contain the requisite information out lined in this RFP and received no later than 5:00pm on May 311t, 2018. Scope of Work Mason County is seeking qualified consultants to provide building department serv96�'iMason County Community Services Department' Permit Assistance Center ` Selected Consultant(s) shall provide building department services as requested by the County. Such services Shall include, as needed, enforcement of the County's building laws and codes and all applicable State Code; review of construction drawings to assure compliance with County and State adopted laws and code; interfacing with permit applications and Department staff; and conducting inspections. Specific projects may include residential or nonresidential.projects. Any Single Job may S require one or,subsequent reviews of submitted plans. y1'n '*,�+•'v, 'i'k.. ".4th',. Consultant upon request of the County shall review plans prepared by`'or on behalf of an applicant for compliance with the Building laws of the County and State, Consultant shall approve plans and forward plans to County for issuance of permit. Consultant upon request of the County shall provide building inspections services during the course of construction to enforce compliance with the conditions of approval, provisions of the County's Building laws and the Code requirements set forth on the approved plans for which a permit was issued. In the performance of such duties Consultant shall observe each project at the completion of various stages of construction for compliance with the appropriate County and State code. Submission Requirements— Please Clearly Label All Materials Applicants desiring to respond to the RFP shall submit an original and three (3) copies of the proposal, marked on the outside "RFP for CSD Building Department Services". The proposals shall include the name of the respondent with verifiable credentials. To be considered, a proposal must be submitted prior to 5:00pm May 311t, 2018 to the attention of: Kristopher Nelsen, PAC Manager, Mason County Community Services Department, 615 W. Alder St, BLDG #8, Shelton, WA 98584. Once opened, all Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 415 N.61h Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584 Shelton:360-427-9670,Ext.400 Shelton:360-427-9670,Ext.352 Belfair:360-275-4467,Ext.400 Belfair:360-275-4467,Ext.352 Cl-ZfJLA4')-C')GO rv+ AM 9:1-Qrn-A4')-C')GO Cvf 1ST Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 415 N.6"Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584 Shelton:360-427-9670,Ext.400 Shelton:360-427-9670,Ext.352 Belfair:360-275-4467,Ext.400 Belfair:360-275-4467,Ext.352 Elma:360-482-5269,Ext.400 Elma:360-482-5269,Ext.352 responses become public records and will be available to the public for review per Mason County Policy and RCW 42.56. Cost incurred by respondent in the preparation of the response to this RFP is the sole responsibility of the respondent and will not be reimbursed by the County. To be considered for selection, submit the following information in keeping with the following format and identifying each item by number and letter. I. Letter of introduction a. Briefly describe the firm; and the name, address, email, and phone number of the contact person as well as a summary of the respondent's understanding of the scope of services and overall approach to the scope of services.The letter should be signed by an officer of the respondent's firm authorized to bind the firm to all commitment made in the proposal. II. Experience and Qualifications a. Identify known team members and include a complete listing of all names, phone numbers, and email addresses for everyone listed. b. Describe relevant experience and qualifications of key individuals that may be involved in providing or developing such services. Provide resumes for all principals and proposed key personnel. c. Describe ability to perform the Scope of Services efficiently and in accordance with the requirements of the County, State and federal regulations. d. Describe past performance in completing projects of similar type,size, scope and complexity and the respondent's time and accurate completion of services within budget. Ill. References a. Provide at least three references that may be contacted for verification of the respondent's experience and qualifications. IV. Rate and Service Structure a. Fee Structure for plan check i. Indicate fee as a percentage of County's collected plan check fee of a first-time check and a one re-check.This fee should include shipping and courier service. ii. Indicate fee to provide expedited plan check processing, consisting of a first-time check and one recheck with turn-around time of not more than five (5)working days. iii. Proposed fee structure should be based on County's Fee Schedule. b. Number of working days for plan check. i. Indicate the Turnaround time in terms of working days for first time check.This turnaround time should be measured from the time a plan is received and sent back. ii. Indicate the turnaround time in terms of working days for recheck.This turnaround time should be measured from the time a plan is received and sent back. Please send submissions no later than 5:00pm on May 31St, 2018 to: Mason County Community Services Department Attn: Kristopher Nelsen, PAC Manager 615 W.Alder St. BLDG. #8 Shelton,WA 98584 360.427.9670 Ext.359 knelsen@co.mason.wa.us Page 2 of 2 PUBLIC WORKS MONDAY APRIL 9,2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting April 17,2018) Items for this meeting are due to Diane Zoren on Wednesday,April 11,201,8 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM • Rustlewood sewer main cleaning and closed circuit television(CCTV)project bid. • Purchase new pump for the North Bay Sewer System at the Tacoma Lift Station. (Recommending this item be moved to the April 10, 2018 Commission Meeting) 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • Lynch Road Intersection Update • Solid Waste Privatization Request for Proposal (RFP) Extension Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below List Below: _Kevin Shutty _John Huestis _Terri Drexler _Bart Stepp Others-List below: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: April 9, 2018 PREVIOUS BRIEFING DATE: March 5, 2018 ITEM: Rustlewood Sewer Main Cleaning and CCN Project Bid EXECUTIVE SUMMARY: The County budgeted this year to complete a cured in place piping (CIPP) project for the Rustlewood Sewer System. The County went out to bid for that project but the costs were too high so it was recommended to re-bid for just the cleaning and inspection of the pipe and to re- bid the CIPP project in the fall for completion in the summer of 2019. The sewer main cleaning and closed circuit television (CCN) bid was sent out to all sewer cleaning contractors on our small works roster. We received two bids. The bid from Innovative Vacuum Services was $11,718 total for the concrete mains at Rustlewood. The additive bid to clean and inspect the PVC mains in addition to the concrete mains would cost an extra $7,828.28 for a total cost of $19,546.28. The second bid came from Flow Technologies Inc. Their base bid cost was $38,792.44. The price per lineal foot of cleaning and inspecting sewer main was $2 per foot for Innovative Vacuum Services. This is below the estimated cost per foot. Innovative Vacuum Services is a licensed contractor and meets all of the qualifications of a licensed contractor. The references I checked out had good things to say about the Contractor. Cost Impact to the Countv The total cost of the project including the additive bid and tax is $19,546.28. This is under the estimated cost of the project and the Rustlewood Fund #411-100 has the cash to cover the cost. RECOMMENDATION: Recommend the Board authorize the Deputy Director/Utilities and Waste Management to sign the contract with Innovative Vacuum Services for cleaning and television inspection of the Rustlewood Sewer Mains in the amount of $19,546.28 which includes the based and additive bid amounts in the bid proposal. Attachment 1. Rustlewood Sewer Main Cleaning Bid Tab 2. Innovative Vacuum Services Contractor Information Briefing Summary PROJECT:Mas nty,WA Rustlewood CIPP Bid Tab Date 4/3/2018 Prepared by: Bart Stepp Page 1 Mason County Eells Hill Transfer Station Improvements Bid Results Innovative Vacuum Services Flow Tecnologies Inc. Tualatin, Edmonds,WA 98026 OR 97062 Item No. Item Description Material Quantity Eng.Unit Cost Eng.Estimate Unit Cost Price Unit Cost Price 1 General Sill Prevention 1 $1,000 1000 250.00 250.00 500.00 500.00 2 General Mobilization 1 $1,000 1000 880.00 880.00 $5,000.00 5 000.00 3 General Traffic Control Supervisor 1 $1,000 1000 210.00 210.00 $7,550.00 7 550.00 4 General Other Temporary Traffic Control 1 $1,000 $1,000 $200.00 $200.00 $4,545.00 $4,545.00 5 General Roadside Cleanup 1 $1,500 $1,500 5300.00 $300.00 $1,000.00 $1,000.00 6 Special 8"Concrete Sewer Main Cleaned and CCN 4480 5 $22,400 $2.00 $8,960.00 53.83 $17,158.401 Subtotal $27,900 Subtotal $10,800.00 Subtotal $35,753.40 Sales Tax 8.5% $2,372 Sales Tax 8.5% 918.00 Sales Tax 8.5% $3,039.04 Grand Total $30,272 Grand Total 1 $11,718.00 Grand Total $38,792.44 ADi I Special 8"PVC Sewer Main Cleaned and CCN 1 39001 54.501517,5501 1.85 $7,215.001 3.02 $11,778.00 2v,u ,?USTLEWOOD SEWER CLEANING PROJECT BID OPENER: BART STEPP , BID OPENING:4/3/18 AT 2 PM Page 1 of 1 BID RECORDER: BART STEPP Licensed Department Employment Debarment Bidder Contractor Name Total Base Bid Price Contractor of Revenue Security List Responsible Bidder? Low Bidder 1 Flow Technologies, Inc. $38,792.44 Yes Yes Yes Yes Yes No 2 Innovative Vacuum Services Inc. $11,718.00 Yes Yes Yes No Yes Yes 3 4 5 a 1 BID PROPOSAL FORM TO: Mason County Public Works 100 W.Public Works Drive Shelton,Washington 98584 FROM: Bidder Innova iva Vacuum SPrVICPS Address 20909 70th Ave W Edmonds, WA 98026 Telephone 206-889-3309/206-783-3317 E-Mail Cla on innovac.com /Servicena innovac.com The undersigned, as bidder, declares that we have examined all of the contract documents and that we will contract with. Mason County to do everything necessary to complete the work as outlined on the plans and specifications for the Rustlewood Sewer Main Cleaning. We acknowledge that addenda numbers 0 to 0 have been delivered to us and have been examined as part of the contract documents. We agree that the Bidder Qualifications form shall be a part of this proposal. If our BID is accepted, we agree to sign the contract form and the required evidences of insurance within ten (10)calendar days after receiving written notice of the award of contract. We further agree, if our BID is accepted and a contract for performance of work is entered into with Mason County, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time period stated in the contract. We understand that Mason County reserves the right to reject any or all bids and to determine which proposal is, in the judgment of Mason County, the lowest responsible bid, and which proposal, if any, should be accepted in the best interests of Mason County and that Mason County also reserves the right to waive any informalities in any proposal or bid. We further state that we have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Bidder agrees that the work will be completed within ninety(90) calendar days after the notice to proceed is issued to the Contractor. Notes: (1) See Special Provisions and the Standard Specifications for State sales tax requirements. (2) The County reserves the right to adjust the scope of this work to match available funds. (3) The County reserves the right to reject any or all bids. (4) The table on the next page provides a list of items required to complete the project. It is the contractor's responsibility to complete the project scope to all required standards and specifications. (5) The low bidder will be based on the base bid, additive `item cost will not be used to determine the low bid. 10 r F We propose to perform the work at the prices listed in the following bid schedule(s): ! BID SCHEDULE—RUSTLEWOOD SEWER MAIN CLEANING Item Section Material Description Quantity Units Unit Cost Bid Price 1. 1-07 Spill Prevention,Control and 1 LS Countermeasure Plan $250.00 $250.00 2. 1-09 Mobilization 1 LS 880.00 0 3. 1-10 Traffic Control Supervisor 1 LS 210.00 4. 1-10 Other Temporary Traffic Control 1 LS $20 .00 $200.00 5. 2-01 Roadside Cleanup 1 LS $300.00 $300.00 6. SPEC: 8"Concrete Sewer Main Cleaned and 4,480 LF CCTV Inspected $2.00 960.0 Base Bid Subtotal of Work 10800.00 Sales Tax @ 8.5% $918.00 Rustlewood Sewer Main Cleaning Base Bid Total(Subtotal+Sales Tax) $11718.00 8"PVC Sewer Main Cleaned and CCTV ADl* SPEC. Inspected 3,900 LF $1.85 $7215.00 The Rustlewood Sewer Main Cleaning Base Bid Total written out in words is: Eleven Thousand Seven Hundred and Eighteen Dollars and Zero Cents. *Additive item 1 will be completed if there are sufficient funds for it. The County will determine whether to complete additive item 1 prior to bid award. BIDDER acknowledges receipt of the following ADDENDUM: Addendum No. Addendum Receipt Date Signed Acknowledgment 1 2 WASHINGTON STATE AND LOCAL SALES TAX.Sales Tax(8.5%)shall be added to full contract price. BIDDER'S ADDRESS. Notice of Acceptance of this bid or requests for additional information should be addressed to the undersigned at the address stated below. NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare,under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly,entered into any agreement, participated in any collusion,or otherwise taken any action in restraint of free competitive bidding in connection with the project or which this proposal is submitted. 2 That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date 3/16/18,the bidder is not a "willful"violator,as defined in RCW 49.48.082,of any provision of chapters 49.46,49.48,or 49.52 RCW,as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. NOTES: 1. This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Deputy Director will be cause for considering the proposal irregular and subsequent rejection of the bid. Innovative Va�"Ii t i SeFv4ces Bidder's Business Nam y,- Signature of Authorized Official* Lawrence Prein Printed Name President Title 04-03-2018 Edmonds WA Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation Q State of Incorporation, or if not a corporation, State where business entity was formed: Washington if a co-partnership,give firm name Under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign).If a co-partnership,proposal must be executed by a partner. Contractor's License No.: INNnvycaaj ns By: Lawrence Prein 20909 70th Ave W Address Edmonds, WA 98026 City State Zip 12 BIDDER QUALIFICATIONS Project: RUSTLEWOOD SEWER MAIN CLEANING If the above contract is awarded to our company,the following persons will be authorized to sign change orders, progress payments,and similar documents for the company:(names and positions) Lawrence Prein - President The contractor's superintendent at the job site per Article 1-05.13 of the Standard Specifications will be(give full name): Clayton Northington The last three projects completed or substantially completed by our company involving similar construction work are as follows: 1. Project Name: City of Lake Forest Park 2017 Sanitary Sewer and Catch basin Cleaning Dollar amount of Contract:$ $80,000 Owner: Ciffy Of Lake Forest Park Owner's Representative: Scott Walker Phone No.: 206-368-5440 Contractor's Superintendent on this Project: Nirpaul Kang Brief Description of Project Scope: Cleaning of Storm and Sewer, with on call CCTV 2. Project Name: City of Clyde Hill 2017 Catch basin Cleaning Dollar amount of Contract:$ $20,000 Owner: City of Clyde Hill Owner's Representative: Mitch Wasserman Phone No.: 425-453-7800 Contractor's Superintendent on this Project: Nirpaul Kang Brief Description of Project Scope: .letting Stormwater Lines and Cleaning 13 3. Project Name: City of Port Angeles Sanitary Sewer and Stormwater Cleaning Dollar amount of Contract:.$ $60,000.00 <7 Owner: City of Port Angeles A owner's Representative: Lucy Hanley Phone No.: 360-417-4541 Contractor's Superintendent on this Project: layton Northington Brief Description of Project scope: Cleaning of Sanitary Sewer and Storm-water Lines Name/Title of Person Completing Form: Clayton Northington Signature: Date: Phone No.: 206-889-3309 14 Brame Fspahol Cantact earth L&I �' A-'Z Tivh,): Iic'.p My L-I Safety&Health Claims&Insurance Workplace Rig^;S Trades&Licensing Washington State Department of Labor & Industries INNOVATIVE VACUUM SERVICES Owner or tradesperson 20909 70TH AVE W EDMONDS,WA 98026 Principals 206-783-3317 PREIN,LAWRENCE FRANK,PRESIDENT SNOHOMISH County Doing business as INNOVATIVE VACUUM SERVICES WA UBI No. Business type 603 412 600 Corporation Parent company LKP INC License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Construction Contractor Active. Meets current requirements. License specialties GENERAL License no. INNOWS861 OS Effective—expiration 09/10/2014—09/10/2018 Bond Developers Surety&Indem Co $12,000.00 Bond account no. 665500C Received by L&I Effective date 09/10/2014 09/01/2014 Expiration date Until Canceled Insurance Crum&Forster Specialty Ins $1,000,000.00 Policy no. EPK-119662 Received by L&I Effective date 09/26/2017 10/01/2017 Expiration date 10/01/2018 Crum&Forster Specialty Ins $1,000,000.00 Policy no. EPK-114313 Received by L&I Effective date Help us improve 08/17/2017 10/01/2016 Expiration date 10101/2018 Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against—the-6`6 r d or savings accounts during the previous 6 year period. L&I Tax debts k61 tax debts are recorded for this contractor license during the previous 6 year period,but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current 330,392-00 Doing business as INNOVAC Estimated workers reported Quarter 4 of Year 2017"21 to 30 Workers" L&I account contact T4/STEPHEN TASSONI(360)902-4819-Email:TASS235@lni.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid -........_...._....._....__--___-.__..-..._........_. No debarments have been issued against this contractor. Workplace safety and health No inspections during the previous 6 year period. ',ht?shington State Dept,of Labor&Industnes.Use of this site is subject to the Iaks of the state of Washington. Help us improve f My DOR Unauthenticated Business Lookup LKP,INC License Information: New search Back to results Entity name: LKP,INC Business name: LKP,INC Entity type: Profit Corporation UBI#: 603-412-600 Business ID:001 Location ID:0001 Location: Open Location address: 20909 70TH AVE W EDMONDS WA 98026-7201 Mailing address: 20909 70TH AVE W EDMONDS WA 98026-7201 Excise tax account and reseller Open(View) permit status: Secretary of State status: Click here Endorsements Endorsements^held-at this location License# Count Details Status Expiration date First issuance d t Clyde Hill General Business Active Jun-30-2018 Mar-05-2015 Issaquah General Business Active Jun-30-2018 Nov-17-2015 --.....—......_._..... --- --._._._....._..__.._. -- — Marysville General Business 9109CON614 Active Jun-30-2018 Sep-18-2014 Shoreline General Business Active Jun-30-2018 Sep-04-2014 .......................... --- --....—...--.............--- ---....--. Sumner General Business Active Jun-30-2018 Jan-25-2017 Woodinville General Business Active Jun-30-2018 Aug-24-2016 6 Rows Governing People&&wmdw.g—hwPmW. r@gmmnawasm Governing people Title 3 PREIN,LAWRENCE President,Secretary,Treasurer,Chairman of the Board Registered Trade Names �- Registered trade names �••-.,�-,.,�.,..,�,���tus f :First issued i HOWIE'S Active Aug-28-2014 HOWIE'S POWERVAC Active Aug-28-2014 INNOVAC Active Aug-28-2014 INNOVATIVE VACUUM SERVICES Active Aug-28-2014 4 Rows Information current as of 4/3/2018 3:11:51 PM Working together to fund Washington's future Roster & Business Type Roster Type(s): Small Works Business Type: Corporation Number Of Employees: 1 - 30 Does your business qualify as a Small Business? No Is your business's gross revenue under two hundred fifty thousand dollars annually as reported on your federal tax return? No Is your business's gross revenue under one million dollars annually as reported on your federal tax return? No Contact Information Business Name: Innovative Vacuum Services Parent Company/Legal Business Name: LKP Inc Website URL: http://www.innovac.com Accept emergency work: Yes Primary Contact Name: Alisa Muntz Title: Sales & Business Development Branch Location: Address: 20909 70th Ave. W Edmonds, WA 98026 Phone: 425-608-3120 Fax: 206-783-9109 Email: alisa@innovac.com Notify this contact about project new opportunities Emergency Work Contact Additional Contact #1 Name: Nirpaul Kang Title: Director of Business Development & CCN Operations Address: 20909 70th Ave W Edmonds, WA 98026 Phone: 360-888-0084 Fax: 206-783-9109 Email: nirpaul@innovac.com Notify this contact about project new opportunities Emergency Work Contact Additional Contact #2 Name: Eric Harper Title: Service Coordinator Phone: 425-608-3104 Fax: 206-783-9109 Email: service@innovac.com Emergency Work Contact Classifications & Licenses UBI #: 600446229 Number of WA Employees: 1 - 30 Employment Security #: 000-033441 Federal Tax ID #: 471229883 L&I: Experience Factor: Contractor's license Number #: INNOVVS861OS Expiration Date: 09/10/2018 Professional/Specialty License License Name: Number: Expiration Date: . ................ ...... . Certifications Federally Disadvantaged Business Enterprise Certification number: Small Business Enterprise Certification number: WA Disadvantaged Business Enterprise (DBE) Certification number: WA Minority Business Enterprise (MBE) Certification number: WA Minority Woman Business Enterprise (WMBE) Certification number: WA Woman Business Enterprise (WBE) Certification number: WA Combination Business Enterprise (CBE) Certification number: Veteran Owned Certification number: Service Disabled Veteran Owned Small Business (SDVOSB): Certification number: HUBZone (Historically Underutilized Business Zone) No 8(a) Certified Firm by SBA No Insurance Insurance Company Name HUB INTERNATIONAL Contact Name Heather Carr Contact Phone Number : 425-489-4500 Policy #: EPK-110080 Expiration Date: 10/01/2018 Bonding Bonding Company: Developers Surety & Indemnity Co Contact Name: Darlene Jakielski - HUB International Contact Phone Number 425-489-4505 Upload a Statement of Qualifications SLIBMITTAL.doc E c.a Project Summaries Project #1 Name: 2015 On-Call Storm & Sanitary Sewer Cleaning & CCN Public Agency: City of Lake Forest Park, Public Works Dept. Agency Point of Contact Name: Scott Walker Phone Number: 206-368-5440 Email: swalker@ci.lake-forest-park.wa.us Project Detail Were you the prime contractor?: Yes Specify the prime contractor?: Contract Amount: $ 150,000.00 When was the project completed?: 12/2015 Provide a brief description of the project: We performed all on-call Vactor& CCN services as requested and scheduled by the City's Public Works Dept. We also performed regularly scheduled preventive maintenance on both the sanitary sewer system and the storm water conveyance system. We are still their on-call vendor and will be again be performing all work through 2016. Project #2 Name: Annual Stormwater Facility Cleaning Public Agency: City of Shoreline, Public Works Dept. Agency Point of Contact Name: Eric Gilmore Phone Number: 206-801-2454 Email: 206-368-5440 Project Detail Were you the prime contractor?: Yes Specify the prime contractor?: Contract Amount: $ 18,450.00 When was the project completed?: 12(2015 Provide a brief description of the project: We performed regularly scheduled preventive maintenance on the storm water conveyance system, multiple areas beyond storm & surface water, including work for the Parks Dept, and countless other sites under this said contract. We formulated a method of documentation for our client as it pertains to the cleaning of numerous CB's and how they were able to incorporate our data into their annual NPDES report. Our contract has been renewed through 2017. Project #3 Name: 2015 Annual Storm Catch Basin Cleaning & CCN Public Agency: City of Mill Creek, Public Works Dept. Agency Point of Contact Name: Marci Chew Phone Number: 425-921-5709 Email: marcic@cityofmilicreek.com Project Detail Were you the prime contractor?: Yes Specify the prime contractor?: Contract Amount: $ 149,791.42 When was the project completed?: 11/2.015 Provide a brief description of the project: We performed the annual storm water cleaning, heavy pipeline cleaning and CCTV video inspection for 1600 catch basins and 36,000 LF of storm lines. Selected Services Small Works Earthwork • Excavation - depths of 20' or more • Vacuum Excavation Facility Construction, Repair, and Maintenance • Gutters and Downspouts Installation, Cleaning, and Repair • HVAC Installation, Inspection, and Maintenance • Industrial Cleaning and Vacuuming • Railroad Construction, Repair and Maintenance • Tank Cleaning Plumbing Installation, Repair, and Maintenance • Vehicle Exhaust Extraction Systems Roadway Construction, Repair, and Maintenance • Flagging and Traffic Control • Manhole and Valve Adjustments Sanitary Sewer Construction, Repair, and Maintenance • Pipeline Repair (Dig Up/Spot Repairs) • Pipeline Video Inspection • Residential Side Sewer Service Installation • Sanitary Sewer Cleaning • Sanitary Sewer Construction • Sewage Backup Response and Cleaning Site Improvement, Repair, and Maintenance • Irrigation Systems • Playfield Drainage Storm Drainage Facility Construction, Repair, and Maintenance • Catch Basin Cleaning/Vactoring/Jet Rodding • Catch basin/Ma nhole Rehabilitation and Repair • Culverts - Large Diameter • Detention/Retention Ponds • Pipeline Cleaning • Pipeline Construction • Pipeline Repair (Dig Up/Spot Repairs) • Pipeline Video Inspection • Storm Drainage Construction Vegetation Work • Brush and Vegetation Removal • Waterfront Vegetation Removal and Maintenance • Wetland and Stormwater Pond Vegetation Control Water Facility Construction, Repair, and Maintenance • Flagging and Traffic Control • Water/Wastewater Treatment Selected Public Agency Rosters j t Statewide ! MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: April 9, 2018 PREVIOUS BRIEFING DATE: ITEM: Tacoma Lift Station Replacement Pump EXECUTIVE SUMMARY: One of the pumps at the Tacoma Lift Station for the North Bay Sewer System has failed. We had Whitney Equipment Company inspect it and they said the pump needs to be replaced. The cost of the pump replacement requires Board approval. The existing pump and motor is a 100 HP Fairbanks Morse. We received a quote for a 72 HP Flygt pump from Whitney Equipment that was $45,000, not including installation. Granich Engineered Products, Inc., which supplies Fairbanks Morse pumps, provided the attached quote of $37,747 for a new 75 HP pump that includes installation costs. Looking at the head and flow requirements we were able to lower the HP of the pump which lowered the cost for both units. COST IMPACT TO THE COUNTY: The cost of the new pump is $37,747 plus tax. This pump needs replaced and this is the best option. Fund #403, North Bay Sewer, would pay for the pump. No general fund money would be used on the purchase. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the purchase of a new pump from Granich Engineered Products, Inc. to replace a failed pump at the Tacoma Lift Station for the North Bay Sewer system. Attachment 1. Granich Tacoma Pump Quote 2. Whitney Tacoma Pump Quote Briefing Summary Granich Engineered Products, Inc. PENTAIR 1313 South 961''Street Seattle,WA 98108 FAIRBANKS NIJHUIST" (206)315-2940 Fax: (206-315-2939 Authorized Municipal Representative Quote, Rev 1 Fairbanks Pumps To: Mason County Utilities Date: March 21, 2018 Attn: Bart Stepp From: John Hayes SUBJECT: TACOMA LIFT STATION / FAIRBANKS 4" 5435MV W/ INSTALLATION LABOR QUANTITY ONE (1) FAIRBANKS 4" 5435MV QUICK-SHIP SUBMERSIBLE, SIMILAR TO SN# 184818, INCLUDES: • 75 HP, 1800 RPM, 460/3/60, 15-MINUTE IN-AIR, 25' POWER/CONTROL CORDS • DYNAMIC BALANCED IMPELLER W/SS IMPELLER FASTENER AND WEAR RINGS • SILICON CARBIDE INNER AND OUTER MECHANICAL SEAL FACES • SANDBLAST AND COAL TAR EPDXY COATING • DEDUCT BASE ELBOW(INCLUDES GUIDE BRACKET ON PUMP) • KELLUM GRIPS LABOR INCLUDES: • BOOM TRUCK FOR REMOVAL OF OLD PUMP AND INSTALLATION OF NEW PUMP • LABORER TO FACILITATE REMOVAL AND INSTALLATION/ NON-CONFINED SPACE ENTRY • ELECTRICIAN TO DISCONNECT/RECONNECT LEADS • ALL BASED ON PREVAILING WAGES • NOT INCLUDED: VAC TRUCK CLEANING OF WETWELL PRIOR TO WORK TOTAL COST, LABOR AND FREIGHT INCLUDED (taxes not included): .......................$37,747.00 NOTE: This is based on a 1-time trip in an 8 hour day to complete the project. Any unforeseen problems beyond this scope that push either into overtime or another trip will be at additional charges. REVISED PUMP PERFORMANCE: 1000 GPM @ 180' TDH, ONE PUMP OPERATING 550 GPM EACH @ 21 0'TDH, BOTH PUMPS OPERATING TERMS: NET 30 DAYS, PER ATTACHED John Hayes Granich So Engineered Products, Inc. Granich Engineered Products, Inc. Cell: 360-481-4801 E-mail:iohnh@granich.com GEP INC.TERMS AND CONDITIONS OF SALE The sale of any service or goods ordered by the customer is expressly conditioned upon the terms and conditions contained herein.Any additional or different terms and conditions set forth in the customer's purchase order or similar communication are objected to and will not be binding upon Granich Engineered Products,Inc.(hereinafter referred to as"GEP").Authorization by the customer,whether written or oral,to furnish services or goods or the acceptance of services or goods by the customer constitutes acceptance of these terms and conditions. 1.WARRANTY (a) Service:GEP warrants to the customer that services and incidental goods sold will be free from defects in materials and workmanship and will conform to any mutually agreed upon specifications.Subject to paragraph 2 below,GEP will correct any such defect by re-performing any defective portion of the service furnished and repairing or replacing,at GEP's sole option, non-conforming goods.GEP warrants that any sale of service performed on equipment is limited to the scope of work which was performed by GEP for workmanship and Materials which GEP provided for a period of 60 days from the date of shipment with freight prepaid to our repair shop unless otherwise specifically specified by a mutually acceptable written contract between GEP and its customer. (b) Sales of New Equipment:GEP warrants that any sale of new equipment manufactured by others will conform to the description stated.The written warranty of manufacturer,if any,is hereby assigned and transferred to the customer.Except for the manufacturers warranty,if any,goods manufactured by others are sold by GEP AS IS. (c) Warranty on rental:GEP warrants only that rental equipment,when delivered,is in good operating condition.If the equipment is not in good operating condition due to no fault of the customer and the customer notifies GEP Promptly,GEP shall thereupon(at its option)either repair the equipment or rent replacement equipment,subject to availability.Transportation and incidental expenses will be borne by the customer. (d) No Warranty of fitness:GEP makes no warranty as to fitness of any goods or services for a particular purpose.GEP's sole obligation is to supply goods or perform services as specified by the customer.Without limiting the generality of the foregoing,GEP makes no warranty regarding the performance or durability of any equipment in salt or sea water applications.(e)EXCLUSIVE WARRANTY: THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND ARE IN LIEU OF ANY WARRANTY OF MERCHANT ABILITY. FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY,WHETHER EXPRESS OR IMPLIED,GEP'S REPAIR OR REPLACEMENT OF DEFECTIVE MATERIALS OR WORKMANSHIP FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF GEP TO THE CUSTOMER WITH RESPECT TO OR ARISING OUT OF THE GOODS,WHETHER BASED ON CONTRACT,NEGLIGENCE,STRICT LIABILITY,PRODUCT LIABILITY OR OTHERWISE. (e) No Authority to Make Express Warranties:No agent of GEP except the president and executive vice-president has the authority to make express warranties on behalf of the corporation.No express warranty shall be enforceable against GEP unless it is in writing, signed by the president or executive vice-president. 2.PROCEDURE FOR WARRANTY CLAIMS GEP shall not be responsible for any warranty work unless written notice of claim is delivered to GEP within 60 days of the date of delivery to customer and customer delivers the goods to GEP,freight prepaid. 3.LIMITATIONS OF LIABILITY (a) GEP's liability on all claims of any kind,whether based on contract,indemnity,warranty,tort(including negligence),strict liability or otherwise,for loss or damage arising out of,connected with,or resulting from the contract,or from the performance of breach thereof,or from any goods or services covered by or furnished under the contract or any extension or expansion thereof(including remedial warranty efforts),shall in no case exceed the greater of either(1)$5,000 or(2)the contract price of a lump sum contract or the price of work completed if the contract is being performed on a cost-type basis.Except as to title to any goods furnished,all such liability shall terminate upon the expiration of the warranty period specified in the article entitled'Warranty"above. (b) In no event,whether based on contract,indemnity,warranty,tort(including negligence),strict liability or otherwise,shall GEP,its employees and suppliers be liable for special,incidental,exemplary or consequential damages including,but not limited to,loss or profits or revenue,loss of use of any property,cost of capital,cost of substitute equipment,facilities or services downtime costs,or claims from the customers customers.If the customer is furnishing GEP's goods or service to a third party by contract,the customer shall obtain from such third party a provision affording GEP and its suppliers the protection of this and the preceding paragraph 3(a). 4.EXCUSABLE DELAYS (a) GEP shall not be liable for delay due to causes beyond its reasonable control:acts of god acts of the customer,prerequisite work by others:acts of civil or military authority:government priorities;fires;strikes or other labor disturbances;floods;epidemics;war;riot; delays in transportation or car shortages;inability to obtain or delays in obtaining,due to causes beyond its reasonable control, suitable labor,materials,or facilities:or additional repairs not reasonable foreseen in the original work.In the event of any such delay,the time of performance shall be extended for a period equal to the time lost by reason of the delay. (b) In the event GEP is delayed by acts of the customer or by prerequisite work by other contractors or suppliers of the customer,GEP shall be entitled to an equitable price adjustment in addition to extension of the time of performance. 5.CHANGES,DELETIONS AND EXTRA WORK The customer,without invalidating the contract,may make changes by altering,adding to or deducting from the general scope of the work, the contract price being adjusted accordingly.All such work shall be executed under the conditions of the contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change.If the parties agree upon a price adjustment at the time of the change,it shall be reduced to writing and signed by both parties.In the absence of such written agreement,GEP shall be entitled to price adjustment which results in a price for the work done or goods supplied sufficient to pay GEP's cost(including an allocable share of overhead)and to provide a reasonable profit margin. 6.CUSTOMER WARRANTY OF SPECIFICATIONS In any case where the customer provides specifications for the fabrication of any part or parts,the customer warrants the adequacy of the specifications.Further,the customer warrants that GEP's fabrications of such part or parts will not infringe upon any patent and agrees to indemnify GEP and to hold GEP harmless from any liability arising from any claims of patent infringement. 7.SALES AND SIMILAR TAXES In addition to the price herein,the customer shall pay,or reimburse GEP for,the gross amount of any present or future sales,use, excise,value-added or other similar tax applicable to the sale or furnishing of any services or goods hereunder, or to their use by the customer. 8.DELIVERY Unless otherwise specified,delivery of new equipment will be f.o.b.factory.Delivery of used equipment or equipment serviced by GEP will be f.o.b.GEP's shop.All risk of loss shall pass to customer when delivered to a common carrier or to customer's agent. 9.PAYMENT AND SECURITY FOR PAYMENT (a) Payment terms are net 30 days from date of shipment or from the date the customer is notified that the goods are ready to ship, whichever is earlier. (b) Customer agrees to pay such invoices timely without set-off for claims arising from other transactions. (c) If at any time before delivery GEP reasonably believes that customer may be financially unable to perform,GEP may require full or partial advancement payment and suspend performance until such payment is received.If payment is not received,GEP may terminate this contract and recover termination charges insufficient in amount to pay GEP's costs(including an allocable share of overhead)and a reasonable profit margin. (d) Customer hereby grants to GEP a security interest in any good sold or serviced hereunder.Customer authorizes GEP to file this contract as a financing statement. (e) For work performed in GEP shop,GEP,at its option,may retain possession of goods ordered or services under the contract until its charges for such goods or services are paid.GEP may,upon not less than seven days written notice by certified mail to the customer at the customer's last known address,sell the goods at public or private sale and apply the net proceeds to GEP's charges. 10.PRICING Due to possible material shortage and price adjustments,all prices quoted by GEP for new equipment or parts are subject to change without notice and may be increased if GEP's suppliers increase the price GEP must pay for such new equipment or parts.In such case, the actual increase shall be passed on to the customer under this contract.Whenever possible,price protection and firm deliver commitments will be secured by GEP. 11.ROUTING Routing of all goods sold by GEP is subject to GEP's sole discretion unless otherwise agreed upon in writing by GEP. 12.CANCELLATIONS The customer may cancel this order only upon written notice to GEP and payment to GEP of reasonable cancellation charges as determined by GEP. 13.RETURNED GOODS Written permission must be obtained from GEP before the customer returns any material for any reason.Material returned for credit will be subject to GEP inspection.All returned new equipment shall be in new condition in original cartons and packing.All returns will be subject to a restocking charge of not less than 15%of the price of such goods at the time of original shipment.All materials returned must be shipped to GEP transportation charges prepaid.Products which are obsolete or on special order are not returnable. 14.HAZARDOUS MATERIALS Hazardous materials shall be removed from all equipment entering GEP's premises,whether being returned or sent in for service.Any cost of disposal of such material shall be bome by the customer as a charge additional to the price quoted unless such disposal was specifically included in the price quotation. 15.ATTORNEY'S FEES,GOVERNING LAW In the event it becomes necessary to put this account into the hands of an attorney to enforce collection of any amount due GEP, customer agrees to pay all necessary costs and reasonable attorney's fees. Customer agrees that any legal proceeding arising out of this contract shall be filed in King County Superior Court.This contract shall be governed by Washington law. 16.COMPLETE AGREEMENT This contract contains the complete agreement between the parties,and no modification,amendment,revision,waiver or other change will be binding on GEP unless assented to in writing by GEP's authorized representative.An oral or written representation,warranty, course of dealing or trade usage not contained or referenced herein will not be binding on GEP.The invalidity,in whole or part,of any of the foregoing articles or paragraphs of the contract will not affect the remainder of such article or paragraph or any other article or paragraph of the contract November 1,2004 GEP Terms of Sale r J WECI Whitney Equipment Company, Inc 16120 Woodinville-Redmond Road Suite 3 Woodinville, WA 98072 www.weci.com 800-255-2580 Quote#: 27592 Date: 2/27/18 To: Mason County PUD From: Attn: Bart Stepp Whitney Equipment Company Phone: 360-407-8369 Laura Haggard Email:bste p(@co.mason.wa.us Bart, Here is the price you requested for a Flygt submersible pump to replace your existing Fairbanks at Tacoma Lift Station. I understand that the duty point for the station is 700gpm at 210ft TDH and the power is 460V,3ph. The drawing you provided to me shows an 8"pipe with an 8"discharge elbow. I took a picture at the station,which clearly shows that the pipe was reduced,but I am not sure if it went to 6"or 4". We would reuse your existing bracket to be able to slide our pump down the existing guide rails. The options are as follows: Option#1 NX-3202.095 4"discharge ITEM QTY. PART# DESCRIPTION TOTAL 1 1 Flygt NX-3202.095 including: 72BP Explosion Proof Motor Stainless Steel Cooling Jacket 50ft cable for 460V,3ph 460V,3ph pump 273 Hard Iron N impeller 1 day Start up assistance $44,769.00 Ocean Freight to Shelton,WA $1,110.00 TOTAL $45,869.00 Option #2 NX-3301.095 6"discharge ITEM QTY. PART# DESCRIPTION TOTAL 1 1 Flygt NX-3301.095 including: 851P Explosion Proof Motor Stainless Steel Cooling Jacket 50ft cable for 460V,3ph 460V,3ph pump 462 Hard Iron N impeller 1 day Start up assistance $52,790.00 Ocean Freight to Shelton,WA $1,500.00 TOTAL $54,290.00 r Please make ensuing purchase orders to: Whitney Equipment Company, Inc. FOB: Port of Entry, freight is estimated above This quote is valid for 30 days. Terms: Net 30 days on approved accounts Lead Time: 12-14 weeks ARO If you have any questions,please give me a call. Sincerely, Laura Haggard Cc: Sharon Adler,Inside Sales A Commitment to Quality and Service MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: April 9, 2018 PREVIOUS BRIEFING DATE: March 20 and September 11, 2017 ITEM: Solid Waste Privatization Request for Proposal (RFP) Extension EXECUTIVE SUMMARY: On 10/5/17 Mason County Public Works issued a Request for Proposals from companies interested in long term operations and maintenance of the County solid waste facilities. The due date for the proposals at that time was set at March 6, 2018. Since then the County has issued 4 different addendums that provided additional information to proposers about our solid waste systems. The fourth addendum was issued on 2/9/18 and contained 140 pages. The County moved the proposal deadline to April 17'J' as part of that addendum. One of the proposers has requested that we postpone the due date to June 1t. The proposer cites the potential decision by Cowlitz County regarding the Headquarters Landfill and our existing construction project as reasons to postpone until June 1st. The construction project will not be complete until mid-July or August. Information submitted to the proposers includes the design drawings for the project so a delay to June 1st will not provide proposers any new information about the project than they already have. The other issue regarding the Headquarters Landfill is an unknown. Cowlitz County has no definitive timeline on when they will make a decision on the landfill. A delay to June 1s` would not be a large issue for the County. The long haul disposal contract and blue box recycling contracts both expire in August of 2020. If the County decides not to pursue privatization then those contracts would need to be put out to bid. In order to get the best competition on those bids the County would need to decide those in 2019 so companies have time to allocate staff and equipment if they are awarded those contracts. Cost Impact to the County Delay of the RFP proposals would not be a cost impact to the County. RECOMMENDED OR REQUESTED ACTION: Feedback from the Board on whether to postpone the proposal due date to June 1t or some other date. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Barbara Adkins DEPARTMENT: EXT: Mason Conservation District 427-9436, ext. 104 BRIEFING DATE: April 9, 2018 PREVIOUS BRIEFING DATES: June 19, 2017 If this is a follow-up briefing, please provide only new information ITEM: Voluntary Stewardship Plan (VSP) Work Plan Update EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Since the District's briefing last June, the VSP Work Group has continued to hold monthly meetings to prepare the Work Plan. The Plan is now 99% complete and the first steps towards approval have begun. On February 23, the Washington Conservation Commission's VSP Technical Panel received an informal review of highlights from the draft Plan. The informal review process allows Counties to share portions of their Work Plans that might be of particular interest or where there are questions, without submitting the entire document. Overall, the review went well and there was a very helpful exchange of information with the Panel. The next step will be to meet with the VSP Work Group at the District on March 27 to vote on submission of the Draft Work Plan to the Technical Panel by April 13. The County's deadline is May 24, so the Plan is on track for timely submission. After that, the first formal review with the Panel is scheduled for May 11, and a second review, if needed, on June 19. Mason County's deadline for approval of the Work Plan by the Technical Panel is August 24, 2018 BUDGET IMPACTS: RECOMMENDED OR REQUESTED ACTION: ATTACHMENTS: Work Plan (digital copy) Briefing Summary 3/28/2018 MAtPh C- .•� - Mv WORK PLAN Voluntary Stewardship r , Program LG Mason County, Washington 4r:• ► c �l, �r �- - .w, MASON COUNTY,WA 2 WORK PLAN Co Mason County State of Washington 411 N. Stn Street Shelton, Washington 98584 1854 MASON CONSERVATION DISTRICT 450 W• Business Park Road Shelton, Washington 98584 360/427-9436 -www.masoncd.org "Promoting the sustainable use, conservation and restoration of natural resources for future generations" MASON COUNTY,WA 3 WORK PLAN TABLE OF CONTENTS Tableof Contents....................................................................................................................................3 Tableof Figures ......................................................................................................................................7 Tableof Authorities................................................................................................................................9 Tableof Tables...................................................................................................................................... 13 Tableof Acronyms .............................................................................................................................. 15 1. Definitions....................................................................................................................................16 2. Mason County—Overview.............................................................................................................19 3. Introduction to the Voluntary Stewardship Program .....................................................................23 4. Overview and History of VSP ...............................................................................................:.........25 5. Organization and Process.............................................................................................................. 27 STATE............................................................................................................................................... 27 COUNTY...........................................................................................................................................28 WORKGROUP ..................................................................................................................................28 STATE...again..................................................................................................................................29 6. Schedule and Reporting Requirements.......................................................................................... 31 7. The Work Plan ...............................................................................................................................32 8. Work Group Structure and Role.....................................................................................................36 9. Meet the"Protect Critical Areas"Test............................................................................................39 1o. Meet the"Maintain and Enhance Agricultural Viability"Test.........................................................40 11. Create and Meet Protection and Enhancement Benchmarks.........................................................41 12. Baseline Conditions and Monitoring ..............................................................................................42 13. Baseline Banking............................................................................................................................43 HabitatWork Schedule......................................................................................................................43 NAIP High Resolution Aerial Imagery Change Detection...................................................................46 Mason Conservation District BMP Projects........................................................................................48 USDA Natural Resources Conservation Service—Conservation Practices .........................................49 14. Monitoring.....................................................................................................................................52 DataHistory and Updates .................................................................................................................52 15. Agriculture and Agricultural Activities............................................................................................55 16. Establishing the Agricultural Baseline............................................................................................59 17. Agricultural Lands and Critical Areas Interface...............................................................................61 CriticalAquifer Recharge Areas.........................................................................................................62 MASON COUNTY,WA 4 WORK PLAN FrequentlyFlooded Areas..................................................................................................................65 LandslideHazard Areas.....................................................................................................................70 SeismicHazard Areas........................................................................................................................72 ErosionHazard Areas ........................................................................................................................75 Fish and Wildlife Habitat Conservation Areas.....................................................................................77 Wetlands...........................................................................................................................................8o 18. Goals..............................................................................................................................................85 19. Adaptive Management..................................................................................................................87 Wetlands...........................................................................................................................................88 Critical Aquifer Recharge Areas(CARAs)...........................................................................................89 jFish and Wildlife Habitat Conservation Areas....................................................................................91 FrequentlyFlooded Areas..................................................................................................................92 Geologically Hazardous Areas...........................................................................................................93 LandslideHazard Areas..................................................................................................................94 SeismicHazard Areas.....................................................................................................................94 ErosionHazard Areas.....................................................................................................................95 20. Existing Regulatory Backstops.......................................................................................................97 MasonCounty Code..........................................................................................................................97 Section 8.52.140 MCC—Landslide Hazard Areas............................................................................97 Section 8.52.150 MCC—Seismic Hazard Areas...............................................................................97 Chapter 14.22 MCC-Flood Damage Prevention............................................................................98 Chapter 14.04 MCC State Building Codes Adopted and Chapter 14.08 MCC Building Code Amendments.................................................................................................................................98 Chapter 17.01 MCC-Mason County Development Regulations.....................................................98 Chapter 17.50 MCC-Shoreline Master Program Use Regulations..................................................98 OtherState and Federal Laws ...........................................................................................................98 21. Technical Assistance......................................................................................................................99 22. Outreach Strategy.......................................................................................................................100 OutreachEvents..............................................................................................................................100 CommunityBased Meetings............................................................................................................ 101 Advertising......................................................................................................................................102 Working with Ag-Related Businesses&Organizations....................................................................102 Print and Broadcast Media—Internet and Websites........................................................................ 103 MASON COUNTY,WA 5 WORK PLAN Building Awareness through Branding ............................................................................................104 SiteVisits.........................................................................................................................................105 CivicOrganizations..........................................................................................................................105 Boardsand Commissions ................................................................................................................105 Materials.........................................................................................................................................105 Schools............................................................................................................................................ 105 LandownerMeetings.......................................................................................................................1o6 Local Businesses/Government Offices.............................................................................................1o6 voluntary Stewardship Overview and individual plan Checklist.......................................................1o6 Outreach Prioritization and Schedule...............................................................................................107 Appendix1 Critical Areas ....................................................................................................................109 CriticalAreas................................................................................................................................... 110 Wetlands...................................................................................................................................... 110 Critical Aquifer Recharge Areas.................................................................................................... 114 Fish and Wildlife Habitat Conservation Areas................................................................................117 Frequently Flooded Areas............................................................................................................122 Geologically Hazardous Areas......................................................................................................125 Appendix2 Existing Plans................................................................................................................... 132 ExistingPlans ...................................................................................................................................133 Annas Bay Closure Response Strategy,April 2007........................................................................133 Big Bend Shellfish Protection District,April 2017..........................................................................135 McLane Cove Shellfish Protection District, May 2o16 ...................................................................137 Oakland Bay Action Plan,August 2007........................................................................................ 138 WRIA 14 Watershed Management Draft Plan, February 2oo6...................................................... 141 WRIA 16 Watershed Management Plan, May 2oo6......................................................................144 Hood Canal Integrated Watershed Plan, May 2014......................................................................146 Hood Canal Coordinating Council's Hood Canal Regional Pollution Identification and Correction, Animal Waste Pollution Source Identification Strategy, March 2014 ...........................................146 AppendixSWOT Analysis.................................................................................................................149 SWOTAnalysis................................................................................................................................ 150 STRENGTHS................................................................................................................................ 150 WEAKNESSES..............................................................................................................................151 OPPORTUNITIES..........................................................................................................................151 MASON COUNTY,WA 6 WORK PLAN i THREATS..................................................................................................................................... 152 Appendix4 Regulatory Context...........................................................................................................153 Regulatory Context .........................................................................................................................154 Critical Areas Ordinance ...................................................................................... .......................154 I Shoreline Master Program...........................................................................................................156 I Appendix5 Farms and Crops................................................................................................................157 Farms, Crops and Agricultural Activity.............................................................................................158 Farms...........................................................................................................................................158 i Crops ...........162 Appendix 6 Goals, Benchmarks, Monitoring,And Adaptive Management..........................................169 Appendix 7 Monitoring Program..........................................................................................................176 i Appendix 8 Best Management Practices............................................................................................. 181 Best Management Practices..............................................................................................:.............182 Appendix 9 Voluntary Stewardship Overview and Individual Stewardship Checklist...........................190 MASON COUNTY,WA 7 WORK PLAN TABLE OF FIGURES Figure 1 Mason County Location Map 19 Figure 2 Mason County Town Hall,1914 20 Figure Charles H. Mason 20 Figure 4 City of Shelton,Aerial View,1974 22 Figure,5 Mason County WRIAs Map 32 Figure 6 Habitat Work Schedule Projects Map 45 Figure?High Resolution Change Detection Map,2011-2013 47 Figure 8 2o16 Prelim Floodplains Map—Skokomish Valley s3 Figure 9 Mason County Future Land Use Map 56 Figure 10 Baseline Agricultural Lands 6o Figure 11 Intersection of Ag Lands and CARAs Map 64 Figure 12 2o16 Aerial View of Skokomish River Valley and Skookum Creek 68 Figure 13 Intersection of Ag Lands and Flooded Areas Map 69 Figure 14 Intersection of Ag Lands and Landslide Areas Map 71 Figure 15 Intersection of Ag Lands and Seismic Areas Map 74 Figure 16 Intersection of Ag Lands and Erosion Areas Map 76 Figure 17 Intersection of Ag Lands and Priority Species Map 79 Figure 18Intersection of Ag Lands and Wetlands Map 82 Figure 19 Mosaic of Critical Areas Map 84 Figure 20 OysterFest 2oo6 101 Figure 21 Shelton Farmers Market 105 Figure 22 Wetlands Map 113 Figure 23 Critical Aquifer Recharge Areas Map 116 Figure 24WDFW Priority Species Habitat 121 Figure 25 Frequently Flooded Areas Map 124 Figure 26 Landslide Hazard Areas Map 127 Figure 27 Seismic Hazard Areas Map 129 Figure 28 Erosion Hazard Areas Map 131 Figure 29 Annas Bay Shellfish Protection District Map 134 Figure 3o Annas Bay Shellfish Protection District Map 134 MASON COUNTY,WA 8 WORK PLAN Figure 31 Big Bend Shellfish Protection District Map 136 Figure32 McLane Cove Shellfish Protection District Map 137 Figure 33 Oakland Bay Map 139 Figure34 WRIA 14 Kennedy-Goldsborough Creeks Map 141 Figure 35 WRIA Map with 14b 142 Figure 36 WRIA 16 Skokomish-Dosewallips Map 144 MASON COUNTY,WA 9 WORK PLAN TABLE OF AUTHORITIES Statutes Chapter84.34 RCW..............................................................................................................................58 Chapter86.3-6 RCW...............................................................................................................................66 Chaptergo.82 RCW............................................................................................................................. 3-43- RCW36.37oA.703...................................................................................................................................17 RCW36.7oA...................................................................................................................................23,155 RCW36.7oA.030 ..................................................................................................................................111 RCW36.7oA.030(9) ............................................................................................................................126 RCW36.7oA.030(21) ............................................................................................................................111 RCW36.7oA.030(5) .........................................................................................................................17,111 RCW36.70A.060..................................................................................................................................24 RCW36.7oA.130(8) ...............................................................................................................................42 RCW36.7oA.130(8)(a)......................................................................................................................35, 41 RCW36.7oA.210 ...................................................................................................................................32 RCW36.7oA.700................................................................................................... 23,24,35,37,39,43-, 86 RCW36.7oA.700(2)(b)........................................................................................................................... 23 RCW36.7oA.700(2)(f).......................................................................................................................... 155 RCW36.7oA.702...............................................................................................................................35, 41 RCW36.7oA.702(5) ............................................................................................................................. 155 RCW36.7oA.703....................................................................................................................................86 RCWoA. 0 8 6. 3 7 7 3( )..............................................................................................................................156 �I RCW 36.7oA.703(9) 3 RCW36.7oA.705...............................................................................................................................35,41 RCW36.7oA.705(1)................................................................................................................................42 RCW36.7oA.710(1)................................................................................................................................3-8 RCW 36.7oA.73-0(1)(a)............................................................................................................................98 I RCW36.7oA.710(6)(a)...........................................................................................................................26 RCW 36.7oA.715 RCW36.7oA.715(1)................................................................................................................................18 RCW36.7oA.715(3)................................................................................................................................36 i MASON COUNTY,WA 10 WORK PLAN RCW36.7oA.720.........................................................................................................................29,31, 34 RCW36.7oA.720(1)................................................................................................................................ 33 RCW36.7oA.720(1)(a) ......................................................................................................................... 134 RCW36.7oA.720(2) ............................................................................................................ .............42 RCW36.7oA.720(2)(b)...........................................................................................................................4z RCW36.7oA.720(2)(i)............................................................................................................................43 RCW36.7oA.725.........................................................................................................................41,43,86 RCW36.7oA.725(2) ...............................................................................................................................33 RCW36.7oA.735....................................................................................................................................42 RCW36.7oA.745....................................................................................................................................18 RCW36.7oA.750....................................................................................................................................35 RCW36.7oA.76o....................................................................................................................................35 RCW84.33.100......................................................................................................................................18 RCW84.34.020(2).................................................................................................................................56 RCW89.08.030.....................................................................................................................................16 RCW90.58.......................................................................................................................................... 155 RCWgo.58.o65.....................................................................................................................................16 RCW 90.72.030.................................................................................................................................... 134 RCW90.72.045.................................................................................................................................... 134 RCWgo.82.010 ................................................................................................................................... 141 RCW90.82.040(2)(e) .........................................................................................................................141 RCWgo.82.043 ............................................................................................................................141, 142 RCWgo.82.043(2)...............................................................................................................................144 RCWgo.82.070 ...................................................................................................................................144 RCWgo.82.080...................................................................................................................................144 RCW90.82.090...................................................................................................................................144 RCW90.82.100 ...................................................................................................................................144 Other Authorities Departmentof Ecology's 303(d)..........................................................................................................144 Forest Practices Board Manual Section 13...........................................................................................120 IBCChapter 1.6...................................................................................................................................... 73 MASON COUNTY,WA 11 WORK PLAN IRCR301.2(2) ........................................................................................................................................73 IRCSection 401.4.1............................................................................................................................... 73 Mason County Comprehensive Plan, 2oo5............................................................................................20 Mason County Comprehensive Plan, 2o16............................................................................................20 Resolution #07-12.................................................................................................................................32 Rules WAC173-18...........................................................................................................................................99 WAC173-183-710 ................................................................................................................................ 112 WAC 173-183-710(d)(ii).................................................................................................................... 112 WAC173-20 ..........................................................................................................................................99 WAC173-22 ..........................................................................................................................................99 WAC173-26-241(3)(b)..........................................................................................................................157 WAC222-16-030.................................................................................................................................120 WAC 365-Igo-o3o ................................................................................................................................111 WAC365-190-030(3)..............................................................................................................................17 WAC365-190-030(8)......................................................................................................................93,123 j WAC365-190-o8o.................................................................................................................................78 WAC 365-190-120(1) 7 WAC365-I90-120(5)..............................................................................................................................17 WAC365-190-12o(6)..............................................................................................................................17 i WAC365-196-200(22)...........................................................................................................................18 WAC365-196-83o...............................................................................................................................156 WAC365-190-030(3).............................................................................................................................115 WAC-365-196-425..................................................................................................................................17 Regulations Chapter14.04 MCC...............................................................................................................................99 Chapter14.o8 MCC...............................................................................................................................99 Chapter14.22 MCC.........................................................................................................................66, 99 Chapter17.01 MCC................................................................................................................................99 Chapter17.03 MCC..............................................................................................................................156 Chapter17.o6 MCC...............................................................................................................................16 MASON COUNTY,WA 12 WORK PLAN Chapter17.50 MCC................................................................................................................................99 Chapter8.52 MCC..........................................................................................................................16,155 Section14.22.020 MCC.........................................................................................................................66 Section17.06.010 MCC .........................................................................................................................16 Section8.52.030 MCC............................................................................................................................17 Section8.52.040(5) MCC.......................................................................................................................58 Section8.52.061 MCC......................................................................................................................... 156 Section8.52.140 MCC...........................................................................................................................98 Section8.52.150 MCC...........................................................................................................................98 Section8.61.010 MCC...........................................................................................................................58 Section8.61.010(5)(B) MCC ..................................................................................................................59 i i it i I j i i i i i I' MASON COUNTY,WA 13 WORK PLAN TABLE OF TABLES Table1 Land Use Categories...................................................................................................................21 Table2 Reporting Schedule....................................................................................................................31 TableCross Walk.................................................................................................................................34 Table 4 Watershed Work Group Membership...........................................................................................37 Table 5 Habitat Work Schedule Projects.................................................................................................44 Table 6 HRCD Detected Changes by WRIA..............................................................................................48 Table 7 Mason Conservation District BMP Projects as of July 2011...........................................................48 Table 8 NRCS Conservation Practices 2011-2017.....................................................................................49 Table 9 Net Baseline Acres of Critical Area Improvements.......................................................................51 Table 10 Acres and Percentages of Agriculture and Critical Area Interface............................................... 61 Table 11 Acres and Percentages of CARA and Agriculture Interface......................................................... 63 Table 12 Acres and Percentages of Flood Areas and Agriculture Interface................................................ 67 Table 13 Acres and Percentages of Landslide Areas and Agriculture Interface..........................................70 Table 14 Acres and Percentages of Seismic and Agriculture Interface.......................................................73 Table 15 Acres and Percentages of Erosion and Agriculture Interface....................................................... 75 Table 16 Acres and Percentages of Habitat and Agriculture Interface...................................................... 78 Table 17 Acres and Percentages of Wetland and Agriculture Interface.....................................................81 Table 18 Acreage of Ag in Critical Areas by WRIA....................................................................................83 Table 1g Acres of Wetland Interface by WRIA .........................................................................................88 Table 20 Best Management Practices for Wetlands.................................................................................89 Table 21 Acres of CARA Interface by WRIA.............................................................................................89 Table 22 Best Management Practices for CARAs.....................................................................................go Table 23 Acres of Priority Species Habitat by WRIA..................................................................................91 Table 24 Best Management Practices for Fish&Wildlife Habitat.............................................................91 Table 25 Acres of Flooded Areas Interface by WRIA.................................................................................93 Table 26 Best Management Practices for Frequently Flooded Areas........................................................93 Table27 Erosion Interface by WRIA........................................................................................................95 Table 28 Best Management Practices For Erosion Hazard Areas..............................................................96 Table 29 First Year Outreach Efforts......................................................................................................107 Table30 Water Typing System............................................................................................................. 119 MASON COUNTY,WA 14 WORK PLAN Table 31 Differences between VSP and Resource Ordinance.................................................................. 155 Table 32 Total Farm as Percent Total Land, 2007-2012.........................................................................159 Table33 Number of Farm by Acreage, 2007-2012..................................................................................159 Table34 Number of Farms by Market Value,2007-2012........................................................................16o Table 35 Crops and Livestock Numbers and Values,2007-2012.............................................................. 161 Table 36 Farm Operators 2007,2012 .................................................................................................... 161 Table 37 Number of Crop and Livestock Farms 2007-2012..................................................................... 163 Table 38 Types and Size of Crops 2007-2012.........................................................................................166 Table 39 Goals 1 and 2,Benchmarks and Adaptive Management...........................................................170 Table 4o Goal 3,Benchmarks and Adaptive Management......................................................................173 Table 41 Goal 4,Monitoring Program....................................................................................................177 Table 42 Best Management Practices...................................................................................................182 MASON COUNTY,WA 15 WORK PLAN TABLE OF ACRONYMS ACRONYM BMP BEST MANAGEMENT PRACTICE CA CRITICAL AREAS CARA CRITICAL AQUIFER RECHARGE AREA FWHCA FISH AND WILDLIFE HABITAT CONSERVATION AREA GMA GROWTH MANAGEMENT ACT HMP HABITAT MANAGEMENT PLAN ISP INDIVIDUAL STEWARDSHIP PLAN MCC MASON COUNTY CODE MEP MASON ENVIRONMENTAL PERMIT PHS PRIORITY HABITAT SPECIES RCW REVISED CODE OF WASHINGTON SMA SHORELINE MANAGEMENT ACT SMP SHORELINE MASTER PROGRAM VSP VOLUNTARY STEWARDSHIP PROGRAM WAC WASHINGTON ADMINISTRATIVE CODE WDFW WASHINGTON DEPARTMENT OF FISH AND WILDLIFE WRIA WATER RESOURCE INVENTORY AREA MASON COUNTY,WA 16 WORK PLAN s. DEFINITIONS AS per the GMA statute (RCW 36.7oA.7o3), the VSP utilizes the definition of the Shoreline Management Act (RCW go.58.o6S) for agricultural activities. Other relevant definitions from Mason County's Resource Management Code, Chapter 8.52 MCC, and Mason County's Zoning Code, Chapter 3.7.o6 MCC, are also presented here. AGRICULTURAL ACTIVITIES (as per RCW go.S8) means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. AGRICULTURAL EQUIPMENT and AGRICULTURAL FACILITIES (as per RCW go.5_8) includes, but is not limited to: (i) The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes, canals, ditches, and drains; (ii) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (iii) farm residences and associated equipment, lands, and facilities; and (iv) roadside stands and on-farm markets for marketing fruit or vegetables. AGRICULTURAL LAND (as per RCW go.58) means those specific land areas on which agriculture activities are conducted. AGRICULTURAL PRODUCTS (as per RCW go.58) includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products. AGRICULTURAL RESOURCE LAND (as per Section 17.o6.oio MCC) means land designated by Mason County as agricultural lands of long-term commercial significance. COMMISSION (as per RCW 36.7ok7o3) means the Washington State Conservation Commission as defined in RCW 8g.o8.o3o. MASON COUNTY,WA 2.7 WORK PLAN CRITICAL AREAS (as per RCW 36.7oA.o3o(5)) include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and Wildlife Habitat Conservation Areas"does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. CRITICAL AQUIFER RECHARGE AREAS (as per WAC 365-2.9o-ow(-�)) are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water,or is susceptible to reduced recharge. DIRECTOR (as per RCW 36.37oA.7o3) means the Executive Director of the Washington State Conservation Commission. EROSION HAZARD AREAS (as per WAC X65-2.go-2.20(5)) includes areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. ENHANCE or ENHANCEMENT (as per RCW 36.7oA.703) means to improve the processes, structure, and functions existing, as of July 22, 2011, of ecosystems and habitats associated with critical areas. FREQUENTLY FLOODED AREAS (as per Section 8.52.030 MCC) means lands in the floodplain subject to a one percent or greater chance of flooding in any given year, including floodplain related areas of avulsion risk. These areas include, but are not limited to, streams, rivers, lakes, coastal areas,wetlands and the like. GEOLOGICALLY HAZARDOUS AREAS (as per WAC 365-2.go-2.20(2.)) means areas that because of the susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. HAMLET (as per WAC-365-2.96-425) are isolated rural areas of more intense development, including commercial, industrial, residential, or mixed-use areas. They are a subcategory of LAMIRDs (Limited Areas of More Intense Rural Development) as defined under the Growth Management Act. These areas were recognized during the initial adoption of the Comprehensive Plan to permit small-scale development and prevent low density sprawl. Hamlets in Mason County include: Bayshore, Dayton, Deer Creek, Grapeview, Lilliwaup, Matlock, Potlatch, Spencer Lake,and Tahuya. LANDSLIDE HAZARD AREAS (as per WAC 365-2.go-2.2o(6)) areas include areas subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. MASON COUNTY,WA 18 WORK PLAN LONG TERM COMMERCIAL FORESTS are lands primarily useful for growing trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.1oo through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing trees commercially. PARTICIPATING WATERSHED (as per RCW 36.7oA.793) means a watershed identified by a county under RCW 36.7oA.7io(1)to participate in the program. PRIORITY WATERSHED (as per RCW 36.7ok7o:0 means a geographic area nominated by the county and designated by the Commission. PROGRAM (as per RCW 36.7oA.7o3) means the Voluntary Stewardship Program established in RCW 36.7oA.7o5. PROTECT or PROTECTING (as per RCW 36.7oA.703) means to prevent the degradation of critical area functions and values existing as of July 22, 2011. RECEIPT OF FUNDING (as per RCW 36.7oA.7o3) means the date a county takes legislative action accepting any funds as required in RCW-�6.7oA. iZS(1)to implement the program. STATEWIDE ADVISORY COMMITTEE (as per RCW 36.7ok7o3) means the statewide advisory committee created in RCW 36.7oA.745. TECHNICAL PANEL (as per RCW 36.7oA.793) means the Directors or Director designees of the following agencies: the Department of Fish and Wildlife; the Department of Agriculture; the Department of Ecology; and the Commission. WATERSHED (as per RCW 36.7ok7o3) means a Water Resource Inventory Area, salmon recovery planning area, or a subbasin as determined by a county. WATERSHED GROUP or WORK GROUP (as per RCW 36.7oA.7o-4) means an entity designated by a county under the provisions of RCW 36.7oA.715. WETLANDS (as per WAC 36S-1g6-200(22)) means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non- wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 199o, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands. WORK PLAN (as per RCW36.7ok7z) means a watershed work plan developed under the provisions of RCW-�6.7oA.720. MASON COUNTY,WA 19 WORK PLAN 2. MASON COUNTY — OVERVIEW MASON County is situated along the southwestern portion of Puget Sound, and encompasses roughly 1,o51 square miles (672,715 acres). It borders on Jefferson County to the north, Grays Harbor County to the west and southwest,Thurston County to the southeast, Pierce County to the east, and Kitsap County to the northeast. Figure 1 Mason County Location Map Jefferson Kitsop i Mason Washington ldal Pierce Grays Harbor Thurston Oregon Source: World Atias It is a predominantly rural county despite the urban spillover from both Thurston and Kitsap Counties. The County has one incorporated City, Shelton, and two Native American Tribes, the Skokomish and the Squaxin Island Tribes. The way land is developed, Three geological provinces combine to form Mason undeveloped or farmed is a County. They include the Puget Sound Lowland, the reflection of its population Olympic Mountains, and the Black Hills. There are also a distribution. The total of log waterbodies considered to be shorelines of the Washington Office of state including two marine waterbodies (Hood Canal and Financial Management South Puget Sound), 64 rivers and streams, 44 lakes - projects 81,616 people will live in Mason County by 2026 — a 31% increase. i MASON COUNTY,WA 20 WORK PLAN nearly log linear miles of shoreline have been identified within the County.' Additionally, five watersheds exist within the County: Queets-Quinault, Lower Chehalis, Skokomish, Hood Canal, and Puget Sound. Watersheds are physically divided areas that drain into particular bodies of water. Watersheds are also grouped into Water Resource Inventory Areas, also known as a WRIA. A WRIA is a legislatively created boundary of an area for the Figure 2 Mason County Town Hall, .1914 purposes of formal water resource planning. These five watersheds have been grouped into five WRIAs for planning purposes: Kennedy-Goldsborough (WRIA 14), Kitsap (WRIA 1S), Skokomish- -"'—�– Dosewallips (WRIA 16), Queets- x r _ Quinault (WRIA 21), and Lower `t z Chehalis(WRIA 22).2 Mason County's rich natural � Y resources and open spaces prevail across its landscape. Combined national, state, and private forests currently account for about 61%3 of the County's land. Mineral Source:Mason County Historical Society deposits underlie its top soils, and both agricultural and aquaculture areas contribute to the County's natural beauty and its economy. Mason County also includes substantial open space that hosts wildlife habitat, undeveloped natural areas,and many developed park and recreation sites.4 A report published in zg6o by the United States Department of Agriculture provides an interesting discussion of Mason County's unique history, including its agricultural beginnings. The County was established in March of 1854 and originally named Sawamish County after a tribe of Indians in Thurston County. At that time,the County included the western part of Thurston County to the Hood Figure 3 Charles H. Mason Washington State Historical Society 'Mason County Final Draft Shoreline Inventory and Characterization Report,October 2012 Mason County Comprehensive Plan,2005 3 Mason County Assessor's Office,2oi5,and Mason County Department of Community Services 4Mason County Comprehensive Plan,2o16 MASON COUNTY,WA 21 WORK PLAN Canal. The name didn't change until 1864 when it became Mason County, in honor of the first secretary of the Territory of Washington, Charles H. Mason, who served from 1853 until his death in 1859. In 1903 Mason County had a population of about 4,471. By 1950 the population was 15,022, according to the United States Census. One-third is urban, mainly in and around Shelton. The rest is rural. The gr07Vth in population has been related to the expansion of the lumbering and other mood-using industries. Agriculture has only a minor place in the economy of Mason County because the soils are not suitable for farming or the terrain is too rugged. Only about 7.6 percent of the county was in farms in 1954. The main farming communities are around Shelton, Matlock, Dayton, Karnilche, Grapeview, Belfair, along the Pickering Passage, and in the Skokomish River Valley. Much of the land on the average farm is covered by second growth forest or is in stump pastures. Dairying is the most important type of agrieultrcre; poultry raising is second. Hay is the predominant crop, but grapes are produced in large quantities. Growing of berries and fnilts and raising of beef cattle are of lesser importance.5 Table 1 Land Use Categories Agriculture remains a relatively small Residential 40,201 8.8% percentage of Mason County's overall division . ..._.....o...__.. of land use when compared to the way the rest Commercial 4,361 1.0% Transportation 2,440 0.5% of the County has developed. As Table 1 shows, Utilities 1,980 0.4% less than z% of the County is actually _. __ designated as agricultural. There are other Government 8,638 19% ° portions of the County where agricultural Parks 1,968 0.4/0 Agri/Aquaculture 7,633 1�% activities are permitted, but not designated as Mining 147 0.03% agriculture that must also be included. 60.7% Information more inclusive of smaller farming Forest 27147 activities on other land uses was extracted from Vacant 111,912 24.7% the Washington Department of Agriculture's Totals 456,128 100% (WDA) 2010 crop survey data. The total number of acres reflecting agricultural activities incorporating the WDA survey is approximately 9,041; however the percentage of total land use with the increased agriculture acres is still approximately 2%. 5 Soil Survey Of Mason County,Washington Report By A.O.Ness,Soil Conservation Service,United States Department Of Agriculture,And R.H.Fowler,Washington Agricultural Experiment Stations,-196o Https://Www.Nres.Usda.Gov/Internet/FSE_MANUSCRIPTS/Washington/WA645/o/Wa645_Text.Pdf 6 Mason County Assessor's Office,2o15,and Mason County Department of Community Services MASON COUNTY,WA 22 WORK PLAN With that being said, the long history of agriculture and its perseverance in the community continue to reflect its importance in Mason County's culture and economy. Programs that support the protection of farming, such as the Voluntary Stewardship Program, provide Counties with additional opportunities to facilitate and even expand this industry in the future. Figure 4 City of Shelton, Aerial View, 1974 t � W t Source: Mason County Historical Society Museum i I i f I I MASON COUNTY,WA 23 WORK PLAN 3. INTRODUCTION TO THE VOLUNTARY STEWARDSHIP PROGRAM ENACTED by the Legislature in 2011, the Voluntary Stewardship Program (VSP) is an alternative to traditional top-down regulations for the protection of critical areas on agricultural land. Enabled under the Washington State CERTIFICATION OF ENROLLMENT Growth Management Act (RCW - 6&ZoA), the VSP uses a collaborative, ENGROSSED SUBSTITUTE HOUSE BILL 1886 stakeholder-driven process to identify, coordinate, and build on existing Chapter 360, Laws of 2011 programs and practices that address agricultural effects on critical areas. bend Legislature 2011 Regular Session The Program directs that each participating County create a Work CRITICAL AREA PROTECTION--VOLUNTAP.Y STERARDSHIP PROGRAM Plan to include goals and benchmarks for protection and enhancement of critical areas through voluntary, site- EFFECTIVE DATE: 07/22/11 specific stewardship plans, while also maintaining and enhancing the long- term viability of agriculture and reducing the conversion of farmland to other uses. Mason County has opted in to the VSP and reached out to stakeholders forming the VSP Watershed Work Group to prepare the Work Plan. Within the Work Plan, the Group will develop strategies to achieve the goals and benchmarks,together with methods of monitoring and techniques of adaptive management. The Legislature intended counties and VSP Watershed Work Groups to "focus and maximize voluntary incentive programs[that]encourage good riparian and ecosystem stewardship as ail alternative to historic approaches used to protect critical areas."'(Appendix Critical Areas) The VSP is a voluntary approach to 1) protect critical areas, 2) maintain and enhance the viability of agriculture, and 3) promote the voluntary enhancement of critical areas through incentive-based measures. The Program's Goals are: a. Promote plans to protect and enhance critical areas within the area zuhere agricultural activities are conducted, While maintaining and improving the long-term viability of 7 RCW 36.7oA.700(2)(b) i _ MASON COUNTY,WA 24 WORK PLAN agriculture in the state of Washington and reducing the conversion of farmland to other uses; b. Focus and maximize voluntanj incentive programs to encourage good riparian and ecosystem stewardship as an alternative to historic approaches used to protect critical areas; c. Rely upon RCW 36.70A.060for the protection of critical areas for those counties that do not choose to participate in this program; d. Leverage existing resources by relying upon existing work and plans in counties and local watersheds, as well as existing state and federal programs to the maximum extent practicable to achieve program goals; e. Encourage and foster a spirit of cooperation and partnership among county, tribal, environmental,and agricultural interests to better assure the program success; f. Improve compliance with other laws designed to protect water quality and fish habitat;and g. Rely upon voluntary stewardship practices as the primary method of protecting critical areas and not require the cessation of agricultural activities.8 (I I Agricultural operations that receive incentives to keep land in farm production and are provided protections beyond general purpose rural zoning are less likely to be rezoned, annexed, subdivided, or otherwise converted out of agricultural use. D- • Around Puget American Farmland Trust, • a RCW 36.7oA.700 MASON COUNTY,WA 25 WORK PLAN 4. OVERVIEW AND HISTORY OF VSP IN 2007, the legislature passed Substitute Senate Bill 5248 with two primary objectives — finding a balance between the regulatory requirements and productive use of critical areas; and the preservation of viable agricultural lands.Toward that end,the Bill • enacted a moratorium on new critical areas regulations on agricultural uses defined in the Bill between Mays, 2007 and June 30, 2010. In 2010,the moratorium was extended until June 30, 2011 so the work could be completed. • directed the William D. Ruckelshaus Center, a neutral policy consensus center operated by Washington State University and the University of Washington,to convene the chief participants at the negotiating table and search for"common ground." The Agriculture and Critical Areas Committee, comprised of representatives from agricultural and environmental organizations, counties, and tribes,was tasked to conduct a fact finding mission, bring together stakeholders on this issue for discussion of the issues, and develop a recommendation to the legislature. The Committee met for two years discussing potential solutions to protect and restore critical areas while preserving agricultural viability. To ensure that productive agriculture and a healthy environment can co-exist, the Committee developed a shared vision. Desired outcomes for the future in this vision include opportunities for the next generation of farmers and fishermen to earn a living. Critical areas support clean mater, sustainable and harvestable populations of salmon and shellfish, and healthy and diverse populations of wildlife and plant species. Farmers mould operate successful agricultural businesses while taking the initiative to improve the environment on their land. Washington State is already a model for local watershed groups working together to identifij problems and implement solutions. A successfid agricultural stezoardship prograrn would enable these local communities to apply cooperation, innovation, and effective action for the advancement of agriculture and the environment. Principles for the Agriculture and Critical Areas Stewardship Program • Build on existing work in local watersheds. • Emphasize voluntary stezoardship first. • Protect critical areas from fiurther degradation, and apply consequences where volunt eer measures fall short. • Set priorities for voluntary actions to restore and enhance critical areas. • Enforce existing state laws for water quality and habitat. MASON COUNTY,WA 26 WORK PLAN • Work together to find funding.9 The hard work undertaken by the parties brought together by the Ruckelshaus Center concluded in early 20-13.with an agreement submitted to the legislature in the form of HB 1886. The Center provided the State Legislature and the Governor with A Framework for Stewardship: Final Report of the William D. Ruckelshaus Center on the work of the Agriculture and Critical Areas Committee in October 203.0. This document ultimately prescribes that the ...framework of stewardship is characterized by choices at the county and landowner level. In those places where agricultural activities intersect with sensitive critical areas ... promote incentives for agricultural landowners and operators to voluntarily enhance the condition of critical areas through restoration projects and farm management practices.10 The legislature subsequently enacted Engrossed Substitute House Bill (ESHB) 1886. This bill amended the Growth Management Act to allow options for protecting critical areas that: • Permits the County to use a voluntary stewardship program in conjunction with stakeholders in lieu of enacting further critical areas regulations in regards to agricultural uses. At the state level, the voluntary stewardship program is to be administered by the Washington Conservation Commission; or • Continue under existing law and update critical areas regulations for agricultural uses by July 22, 2o3.3. RCW 36.7ok73.o(6)(a); or • Limit the voluntary stewardship program to certain watersheds in the county, and update the critical areas regulations for other watersheds. 'The William D.Ruckelshaus Center,20io.A Framework For Stewardship:Final Report On The Work Of The Agriculture And Critical Areas Committee. Washington State University,Pullman,WA and University of Washington,Seattle,WA. 1O The William D.Ruckelshaus Center,2010.A Framework For Stewardship:Final Report On The Work O Of The Agriculture And Critical Areas Committee. Washington State University,Pullman,WA and University of Washington,Seattle,WA. MASON COUNTY,WA 27 WORK PLAN 5. ORGANIZATION AND PROCESS STATE THE Voluntary Stewardship Program ("VSP") is administered by the Washington State Conservation Commission ("Commission"). As such, the Commission must (a) establish implementation policies and procedures; (b) administer funding for counties; (c) administer technical assistance funds; (d) Establish a technical panel; (e) review and evaluate submitted work plans and reports; (f) Review and evaluate the program's success and effectiveness; (g) designate priority watersheds; (h) provide administrative support for statewide advisory committee; (i) maintain a program web site; 0) report to legislature on program status; (k) conduct a review of the program every five years; and (1) report to the appropriate committees of the legislature. The Department of Commerce, under which the Growth Management Act is administered, shall assist counties participating in the program. The Commission, Departments of Commerce, Agriculture, Fish and Wildlife, and Ecology, and other state agencies shall also cooperate and collaborate to implement the program. ®. 9 vOLUNTARY STEWARDSHIP PROORMJ ��M�� PROCESS DIAGRAM Funding is provided Plan approved ou Coordinating Entity identified Plan rgeded ?V1—SP Work9ioup develops work plan Plan approved Work plan identifies critical areas and ag activifies VSP Workgroups must report on progress Work plan includes every five years hmarks for program and resource Musl show progress on benchmarks or results implement adaptive management approaches Source:Washington Conservation Commission i MASON COUNTY,WA 28 WORK PLAN COUNTY The legislative authority of a county may elect to protect critical areas through a VSP program. In order to participate,within six months after July 22, 201.3.,the County must have adopted an ordinance or resolution that elects to participate, identifies the watersheds that will participate; and nominates watersheds for consideration as state priority watersheds. The process for selecting watersheds includes considering the role of farming within it, the likelihood of program success, and the existence of other programs already in place. The process for prioritizing watersheds from those selected goes further by evaluating fish and wildlife habitat in the region, and determining presence of community support for effective program administration. Adoption of the County's ordinance or resolution establishes the effective date of the program. It will apply to all unincorporated property upon which agricultural activities occur within each participating watershed. It also makes the County eligible for a share of the funding made available to implement the program, subject to funding availability from the state. Until, however, adequate funding was made available; the County was not required to implement the VSP program. When funds did become available, the County had 6o days to designate a Watershed Work Group and an entity to administer the funds for each watershed. WORK GROUP The Work Group is tasked with developing a work plan to protect critical areas while maintaining the viability of agriculture in the watershed. The Plan must also include goals and benchmarks for the protection and enhancement of critical areas. In developing and implementing the Work Plan,the watershed group must: a. Review and incorporate applicable mater quality, watershed management, farmland protection, and species recovery data and plans, b. Seek input from tribes, agencies, and stakeholders; c. Develop goals for participation by agricultural operators conducting commercial and noncommercial agricultural activities in the watershed necessary to meet the protection and enhancement benchmarks of the work plan; d. Ensure outreach and technical assistance is provided to agricultural operators in the watershed; e. Create measurable benchmarks that, within ten years after the receipt of funding, are designed to result in (i) the protection of critical area fiinctions and values and (ii) the enhancement of critical area functions and values through voluntary, incentive-based measures; f. Designate the entity or entities that will provide technical assistance; g. Work with the entity providing technical assistance to ensure that individual stezaardship plans contribute to the goals and benchmarks of the work plan; MASON COUNTY,WA 29 WORK PLAN It. Incorporate into the work plan any existing development regulations relied upon to achieve the goals and benchmarks for protection; i. Establish baseline montitoring for: (i) Participation activities and implementation of the voluntary stewardship plants and projects; (ii) stewardship activities; and (iii) the effects on critical areas and agriculture relevant to the protection and enthancentent benchmarks developed for the watershed; J. Conduct periodic evaluations, institute adaptive management, and provide a written report of the status of plants and accomplishments to the county and to the commission within sixty days after the end of each biennium; k. Assist state agencies in their monitoring progranns;and 1. Satisfy any other reporting requirements of the program.11 When the Work Plan is complete, it is submitted to the Executive Director for the Washington Conservation Commission for approval. An approved Work Plan extends eligibility for additional state assistance and funding. Additionally, both commercial and non-commercial agricultural operators participating in the program are eligible to receive funding and assistance under watershed programs. STATE ... AGAIN After the Executive Director("Director") receives the County's Work Plan, it is submitted to the Technical Panel for review. The Technical Panel ("Panel") is made up of representatives of the Commission, and the Departments of Agriculture, Fish and Wildlife, and Ecology. The Panel has ninety (go) days to report to the Director if the Work Plan will, after ten years of receipt of funding, work in conjunction with other existing plans and regulations to protect critical areas while maintaining and enhancing the viability of agriculture in the watershed. If the Panel determines the Work Plan will work, it must recommend approval to the Director who must then approve the Plan. If the Panel does not recommend approval, it must describe the reasons why to the Director, then those reasons are provided to the Work Group. The Work Group has a total of two years and nine months to submit and receive approval of the Work Plan, including any revisions. If that is not achieved, the Director will submit the Work Plan to the Statewide Advisory Committee. The Statewide Advisory Committee ("Committee") is appointed by the Commission and made up of two representatives each from county government, agricultural organizations, environmental organizations, and may include two representatives from tribal governments. "RCW 36.7oA.720 MASON COUNTY,WA 30 WORK PLAN The Committee serves in consultation with the Director when there is disagreement as to whether or not a submitted Work Plan meets the goals and benchmarks for successful implementation. The Director then acts upon the recommendations of the Committee on how to proceed. If the recommendation is that the Work Plan would likely be approvable within six months, the Director must grant the Work Group an extension. If, however, the Committee determines that six months will not likely result in an approvable Work Plan, then the Director does not grant an extension and the Plan fails. MASON COUNTY,WA 31 WORK PLAN 6. SCHEDULE AND REPORTING REQUIREMENTS DEADLINES for the monitoring and reporting portions of the Voluntary Stewardship Program are established in the statute, and begin with the date that Mason County received its funding. Each County is required to report their Work Plan's effectiveness and accomplishments at specific periodic increments. This reporting also initiates adaptive management based on what the County reports. Thresholds set in the Work Plan to be met are evaluated during this reporting periods and adaptations, if necessary, are instituted. Mason County's "receipt of funding"date, as defined in RCW 36.7oA.Zo�(c) is November 24, 2o3.5. The following schedule is the timeline in which documents are due under the RCW 36.7oA.72o based on a tentative approval date of September 7, 2o18. These dates will necessarily shift dependent on the actual approval date of the Work Plan. Table 2 Reporting Schedule September 7, 2018 Work Plan Approval Deadline—z years, g months from Receipt of Funding Date May 24, 2018 Submit to Technical Panel—go days prior to deadline August 24, 2018 Report Due to County and Commission—6o days prior to recurring biennium periodic evaluation November 24, 2020 Report Due to Director and County—at 5 years and recurring, if Work Plan is meeting protection and enhancement goals and benchmarks November 24, 2025 Report Due to Director and County—at 10 years if Work Plan is meeting protection and enhancement goals and benchmarks Commercial and noncommercial agricultural operators participating in the program are eligible to receive funding and assistance under watershed programs. RCW 36.70A.720(5) MASON COUNTY,WA 32 WORK PLAN 7. THE WORK PLAN THE Program is intended to address each County at the QuE TS-Qunv LT Figures Mason County WRIAs Map watershed level, not on an individual property or parcel level. In that way,the work plan can then build 'froin existing watershed SROKOMISH-D O SEFI'ALtiPS plans, salmon recovery KirSAP information, water quality cleanup plates, tlw Puget Sound Action Agenda, and other available data, and will incorporate information on local agricultural conditions and objectives." 1z (Existing Plans Appendix) Mason County includes portions of LOWER ci-iEi-L+LLs KENNEDY-GOLDSBOROUGH five Water Resource Inventory Areas (WRIAs): Kennedy- Goldsborough (WRIA 14), Kitsap DES ES (WRIA 15), Skokomish-Dosewallips (WRIA 16), Queets-Quinault(WRIA 21), and Lower Chehalis (WRIA 22). In 2012, under Resolution #07-12, the Board of County Commissioners opted in to the Voluntary Stewardship Program and nominated all five WRIAs for consideration as "priority watersheds" pursuant to RCW -6Q joA.21o. The Work Plan will, however, primarily address only four of the WRIAs. That portion of the Queets-Quinault WRIA in the very northwestern tip of Mason County is completely within the Olympic National Park where no agricultural activity occurs and no mapping data is available. Once the watersheds were designated and prioritized and funding was received, the County selected the Mason Conservation District to administer the grant and its deliverables. A VSP Watershed Work Group ("Work Group") was established and appointed by the County to be responsible for ensuring the program's future success. This will require, in part,the creation of a Work Plan that outlines a strategy "to protect critical areas while maintaining the viability of "The William D.Ruckelshaus Center,2010.A Framework For Stewardship,Final Report On The Work Of The Agriculture And Critical Areas Committee. Washington State University,Pullman,WA and University of Washington,Seattle,WA. MASON COUNTY,WA 33 WORK PLAN agriculture in the watershed. The work plan must include goals and benchmarks for the protection and enhancement of critical areas.'�3 The Work Group's first core task is meeting the statutory test in determining whether or not "... at the end of ten years after receipt of firnding, the work plan, in conjunction With other existing plans and regulations, will protect critical areas while maintaining and enhancing the viability of agriculture in the watershed."14 According to the VSP statutes, the Work Plan must be approved within two years and nine months after receipt of funding, as determined through the VSP Work Plan Approval process, if considered to be effective over a ten year period. The Work Group's second core task is to create measurable ten-year benchmarks designed to promote voluntary, incentive-based measures to provide long-term protection of critical areas and to encourage voluntary enhancements to improve critical areas. Together these voluntary incentive-based efforts reflect the three core "test"elements of an approvable VSP Work Plan: z) protection of critical areas; 2) maintenance and enhancement of agricultural viability; and 3) voluntary enhancement of + critical areas through promotion of incentive- based measures. The Work Group has prepared this Work Plan to provide goals, measurable benchmarks, strategies and adaptive management, to leverage existing watershed plans and other programs, and to protect critical areas and promote agriculture. This Work Plan applies to the intersection of agriculture and five critical areas — fish and wildlife habitat conservation areas, wetlands, frequently flooded areas, geologically hazardous areas (including landslide, seismic and erosion hazards), and critical aquifer recharge areas in unincorporated areas of Mason County.This Work Plan is intended to fulfill the VSP legislative requirements to create a voluntary set of goals, benchmarks, and planned activities. The Cross Walk in Table 3 provides '3 RCW 16aoA.720(1) '4 RCW-46.7oA.72S(2) MASON COUNTY,WA 34 WORK PLAN verification that the Work Group has included information in the Work Plan as outlined in RCW �6.7oA.720. Table 3 Cross Walk Section/Page { (a)Review and incorporate applicable water quality, watershed management, Appendix 2 1 farmland protection,and species recovery data and plans; (b) Seek input front tribes, agencies, and stakeholders; Section 8 (c) Develop goals for participation by agricultural operators conducting Section 18 and commercial and noncommercial agricultural activities in the watershed Appendix 6 necessary to meet the protection and enhancement benchmarks of the work plan; (d) Ensure outreach and technical assistance is provided to agricultural Sections 21& 1 operators in the watershed; 22 (e) Create measurable benchmarks that, within ten years after the receipt of Section 18 and funding, are designed to result in (i) the protection of critical area functions Appendix 6 and values and (ii) the enhancement of critical area functions and values through voluntary, incentive-based measures, (D Designate the entity or entities that will provide technical assistance; Section zs (g)Work with the entity providing technical assistance to ensure that Section 21 individual stewardship plans contribute to the goals and benchmarks of the work plan; ' (h)Incorporate into the work plan any existing development regulations Section 20 I relied upon to achieve the goals and benchmarks for protection; (i)Establish baseline monitoring for: (i)Participation activities and Appendix 6 implementation of the voluntary stewardship plans and projects; (ii) stewardship activities;and(iii) the effects on critical areas and agriculture relevant to the protection and enhancement benchmarks developed for the watershed; (j) Conduct periodic evaluations, institute adaptive management, and provide Section 6 and a written report of the status of plans and accomplishments to the county and Appendix 6 i to the commission within sixty days after the end of each biennium; (k)Assist state agencies in their tnonitoring prograncs, and Section 20 (1)Satisfy any other reporting requirements of the program. Section 6 MASON COUNTY,WA 35 WORK PLAN The VSP was added to the Growth Management Act for the protection of critical areas in relation to agricultural activities. Once a VSP Work Plan has been developed for Mason County, an agricultural operator may choose whether or not to participate in the program. VSP statutes do not grant counties or state agencies any additional regulatory authority to protect critical areas on lands used for agricultural activities." In order to promote producer participation and productive discussion among VSP Work Group members, the statutes prohibit county promulgation of new critical area regulations related to agricultural activities during the VSP process(narrow exceptions apply).i6 The VSP Work Plan is to rely on voluntary stewardship "as the primary method of protecting critical areas and not require [termination] of agricultural activities"."Additionally, the County, through its VSP Work Plan, may not "require an agricultural operator to discontinue agricultural activities legally existing before July 22, 2011".i8 Further, nothing in the VSP statutes requires participation from agricultural operators.�9 With regard to conservation programs, the VSP is not to be administered in a manner that prevents operator eligibility for environmental incentives°, and "agricultural operators implementing an individual stewardship plan consistent with a work plan are presumed to be working toznard the protection and enhancement of critical areas".21 Agricultural operators volunteering to participate may withdraw from the program at any time. Also, VSP may not require participating operators who voluntarily enter conservation contracts to protect or enhance critical areas to continue such voluntary measures after expiration of the applicable contract.22 15 RCW-46.7oA.702 i6 RCW 36.7oA.s3o(8)(a)Except as otherwise provided in(c)of this subsection,if a participating watershed is achieving benchmarks and goals for the protection of critical areas functions and values,the county is not required to update development regulations to protect critical areas as they specifically apply to agricultural activities in that watershed. 27 RCW 36.7oA.7oo i8 RCW 36.7oA.7oz �9 RCW 36.7oA.7oS 2°RCW 36.7oA.702 21 RCW 36.7oA.7i. 22 RCW-16.7oA.76o MASON COUNTY,WA 36 WORK PLAN 8. WORK GROUP STRUCTURE AND ROLE PER the VSP statute, "the watershed group Hurst include broad representation of key watershed stakeholders and, at a minimum, representatives of agricultural and environmental groups and tribes that agree to participate".13 The Mason Conservation District, as appointed Lead Entity providing Technical Assistance by Mason County, has solicited participation in the VSP planning process from individuals representing the following interests: Skokomish and Squaxin Island Indian Tribes Washington State Department of Ecology Washington Department of Fish and Wildlife WRIA Basin Planning Units Washington State Farm Bureau Local Agricultural Operators Hood Canal Salmon Enhancement Group Local Interested Property Owners WSU Extension Office The District implemented a communications strategy to broadly inform the public of the development of the VSP in Mason County. The promotions described the purpose of VSP and the formation of the Watershed Work Group. Promotional efforts included: • press release to the Shelton-Mason County Journal and iFIBER One News • e-mail communications to • agricultural producers and groups • environmental groups and individuals • residents at large • presentations to service clubs,community clubs and organizations, and community leaders • postings to website and social media • word of mouth As a result, the District obtained a number of applications from interested individuals to participate in the Work Group from the above-listed groups with the exception of the Tribes. The Squaxin Island Tribe has expressed in two separate writings that they do not agree with the VSP approach and declined both invitations. No written response was received from the Skokomish Tribe after two invitations. Both Tribes are, however, kept on the regular VSP group mailing list to keep them apprised of the activities should they decide to provide input at some future point. As for the remainder of the list, all individual property owners and agricultural operators who applied to be Group members were �3 RCW 36.7oA.72.S(-4) MASON COUNTY,WA 37 WORK PLAN accepted as stakeholders in this process. The composition of the group is merely a result of community members taking an interest in the Program and the process. No applicants were denied a seat and the District continues to leave the invitation open for additional membership. Agency representatives from this list acting as consultants have attempted to attend the regular meetings and continue be informed and invited. Members attending the Work Group meetings with some degree of regularity are listed in the table. This group met somewhat informally for the first six to eight months before being formally appointed by the Board of County Commissioners. Since the Group's participation is quite extensive over the next io or more years, the District deemed it important to recognize the Group's stability and level of commitment prior to formal appointment. The Group was ultimately appointed by the Board of Commissioners by Resolution on VSP encourages good stewardship, with a statutory goal of fostering cooperation among agricultural, tribal, environmental, and county interests.24 The Watershed Work Group established includes the following members: Table 4 Watershed Work Group Membership BENTON, Joshua WA Dept. of Fish & Wildlife Consultant BEYER, Michael Agricultural Producer Stakeholder BLOOMFIELD,Tom Seattle Shellfish (Aquaculture) Stakeholder BOLTZ, Larry Agricultural Producer Stakeholder BORDEN, Allan Citizen/Property Owner Stakeholder ECHEVERRIA, Carmen Agricultural Producer Stakeholder EWALD, Erin Taylor Shellfish (Aquaculture) Stakeholder HAGER, Laurie Agricultural Producer Stakeholder DANNY, Fran Agricultural Producer Stakeholder LADNER, Katie Small Farm Owner Stakeholder MCCALLUM, Michelle Agricultural Producer Stakeholder REHWALDT, Jeanne Mason Matters Consultant/Stakeholder SHEFFELS, Evan Washington Farm Bureau Consultant SHORT, William Agricultural Producer Stakeholder STEWART, Myrn Agricultural Producer Stakeholder WALDBILLIG, Chris WA Dept. of Fish & Wildlife Consultant �4 RCW 36.7oA.7oo MASON COUNTY,WA 38 WORK PLAN The Work Group remains open to additional members over time, and is responsible for developing and implementing the Work Plan. This responsibility comprises the following tasks: designating technical assistance providers, identifying outreach and FOR IMMEDIATE implementation approaches, setting goals and benchmarks, RELEASE establishing a monitoring plan, regular reporting, and adaptive management of established goals. The Work Group is also In June of 2o16,the responsible for developing and administering the Work Plan on an District issued a News ongoing basis throughout implementation and monitoring. Release announcing the County was ready to The Mason County VSP Work Group conducted its first meeting on begin developing the June 28, 2o16 and began meeting regularly in January of 2017. Voluntary Stewardship Early in the Group's process a SWOT (Strength, Weaknesses, Program and soliciting Opportunities, and Threats) Analysis was conducted to help focus the Work Group's their efforts throughout the process. (SWOT Appendix) This membership. exercise provided a foundation for further discussions around how the agriculture community viewed farming in Mason County. It also served as an educational piece for District Staff to better understand the interests and needs of local farmers. The Work Group has welcomed the participation of interested parties and has drawn a distinction between the Stakeholders and the public agency representatives who attend the meetings as "consultants". This is to clarify the decision-making process for developing a Work Plan, to encourage the public agencies to provide technical assistance to Stakeholders, and to maintain the neutrality of these agencies within the VSP process. As earlier stated, the County received funding in the form of a grant awarded by the Washington Conservation Commission ("Commission"). The Commission has provided funding to Mason County for the development of the Work Plan as required for the implementation of the VSP, consistent with RCW 36.7oA.700-76o and related statutes. The Mason Conservation District ("District") has been selected by the Mason County Board of Commissioners as the technical lead to develop the Work Plan and to provide assistance to landowners, subject to the availability of adequate funding.The District is a non-regulatory local agency which already works closely with rural landowners developing voluntary conservation plans for individual parcels. It also helps connect landowners with grants and loans to help them implement the conservation plan in a manner that helps conserve natural resources and support agriculture. MASON COUNTY,WA 39 WORK PLAN 9. MEET THE "PROTECT CRITICAL AREAS" TEST THIS Work Plan must detail how Mason County, through its VSP, will protect critical areas while maintaining and enhancing the viability of agriculture within each watershed. The definition of protection in the legislation under the VSP indicates that "`protect'or'protecting' mean to prevent the degradation of functions and values existing as of July 22, 2011."15 Important elements of this definition of "protection" include the terms "degradation of functions and values"from the baseline date of July 22, 2osi and what information is available as of that date. Here the County faces a challenge in determining the condition of its critical areas at the July 2osz date, together with assessing the level of degradation that may have occurred since then, and its nexus to agriculture. Using that analysis a strategy of protection from further degradation can be achieved. See Critical Areas Appendix for a description of the Critical Areas in Mason County and their 2o3-z Baseline Maps. I 1 i I i i III I I I I 25 RCW 36.7oA.7o3 i I MASON COUNTY,WA 40 WORK PLAN 10. MEET THE "MAINTAIN AND ENHANCE AGRICULTURAL VIABILITY" TEST THE VSP Work Plan must "maintain and enhance" agricultural viability to receive approval. 6 Some VSP statutory sideboards implicitly help to maintain agricultural viability. For instance, the VSP Work Plan is to rely on voluntary stewardship "as the primary metliod of protecting critical areas and not require cessation of agricultural activities.i27 The County, and the VSP Work Plan, may not "require an agricultural operator to discontinue agricultural activities legally existing before.July 22, 2011, Also, VSP statutes do not grant counties or state agencies any additional regulatory authority to protect critical areas on lands used for agricultural activities." (Regulatory Context Appendix) In order to promote producer participation and productive discussion among Work Group members, VSP statutes prohibit county from proclaiming any new critical area regulations related to agricultural activities during the VSP process (narrow exceptions apply).3° Further, nothing in the VSP statutes requires participation from agricultural operators." ' fes• f• a6 RCW-A6.7oA.72S 27 RCW:t6.7oA.7oo 28 RCW 36.7oA.7o2 �91bid 30 RCW-z6.7okiw(8)(a) 32 RCW 16.7ok7oS MASON COUNTY,WA 41 WORK PLAN i1. CREATE AND MEET PROTECTION AND ENHANCEMENT BENCHMARKS THE statute requires the Work Group to [c]reate measurable benchmarks that, within ten years after the receipt of f tnding, are designed to result in (i) the protection of critical area functions and values and (ii) the enhancement of critical area ftnctions and values through voluntary, incentive-based measures.3' The VSP legislation further states the "program shall be designed to protect and enhance critical areas on lands used for agricultural activities through voluntary actions by agricultural operators."33 Failure to meet a goal or benchmark set in the Work Plan will result in plan failure and will trigger a regulatory approach to critical areas protection.34 Though critical area enhancement is not part of the initial VSP Work Plan Approval test, the Work Plan must also include benchmarks for promotion and implementation of voluntary actions designed to protect and enhance critical areas. The definition of "protection" is provided in early sections. The VSP legislation's definition of "enhancement" or "enhance" "means to improve the processes, structure, and functions existing, as of July 22, 2011, of ecosystems and habitats associated with critical areas.1135 +� r 3'RCW 36.7oA.7zo(2)(b) 33 RCW i.7oA.7o5(i) 34 RCW 36.7oA.72o(2):RCW 36. 735;RCW 36.7ok-r4o(8) 35 RCW 36.7oA.7o3 MASON COUNTY,WA 42 WORK PLAN zz. BASELINE CONDITIONS AND MONITORING BASELINE, in the context of VSP, is a term used to describe the physical state of critical areas and farm lands in Mason County as of July 22, 2011, the effective date of VSP legislation. This includes measurable information regarding the types, locations, and sizes of critical areas, as well as farms. From this,the Work Group can monitor the progress in implementing the Work Plan's measurable benchmarks. The Plan must establish baseline monitoring for: (i) participation activities and implementation of the voluntary stewardship plans and projects; (ii) stewardship activities; and (iii) the effects on critical areas and agriculture relevant to the protection and enhancement benchmarks developed for the watershed.36 The baseline status of critical areas and their intersection with agricultural activities are identified later in this document.Though measurable benchmarks for agricultural viability are not required by the VSP legislation, these suggested activities should be considered throughout i plan implementation to further the combined goals of "protecting] critical areas while maintaining and t: enhancing the viabilihj of agriculture in the watershed."37 lb i_ _ air • a 3e RCW 36.7oA.720(2)(i) - 37 RCW-16.yoA.72r, MASON COUNTY,WA 43 WORK PLAN 13. BASELINE BANKING CONSIDERING a period of time has passed between the 2o11 baseline and the approval of this Work Plan, it would follow logic that some efforts to protect critical areas and enhance agricultural viability have already taken place. Those activities could be considered as improving the County's "bottom line" when it comes to both protection and enhancement efforts of critical area; as well as agriculture. A summary of protection efforts on agricultural lands has been compiled in the table below establishing a "banking" of positive efforts toward the overall achievement of the Work Plan's goals. HABITAT WORK SCHEDULE Table 5 exhibits restoration and conservation actions in the WRIAs taken since 2011, as documented in the Habitat Work Schedule data system 38. These results illustrate implementation of some of the watershed plan strategies that have implicit protection and enhancement objectives. Land acquisition and conservation easements represent protection of critical areas while restoration and enhancement actions would improve the quality of critical areas functions and values. These actions are not limited to areas with agricultural activities, although activities related to agriculture are highlighted for the purpose of this Work Plan. Going forward, the Work Group should track such conservation and restoration actions based on the intersection of critical areas with agricultural activities. The extensive restoration and conservation actions are listed below with the recognition that critical areas functions and values include conditions and processes that support the ecosystem at more than a site- specific scale. These stewardship activities are examples of measurable actions that can be included and monitored in VSP stewardship plans and demonstrate protection of critical areas and farmland in Mason County. The table lists projects that are currently active or were complete after July of 2o11, referred to as Baseline Banking. The amount of acres enhanced and the type of critical area in which the work was performed can be considered banked or a credit toward this Plan's overall achievements. 38 The Lead Entity Habitat Work Schedule system is the mapping and project tracking tool that allows Lead Entities to share habitat protection and restoration projects with funders and the public. MASON COUNTY,WA 44 WORK PLAN Table 5 Habitat Work Schedule Projects r. ACRES FT > f0 -a 6' Q > '� 2 O ro Q df _O o +Z ' U IL O v 0 Improve riparian habitat in North 16 42.42 X X X X Fork of Skokomish Restore natural estuarine 16 223.5 X X X X X functions in Skokomish Estuary- removal of agricultural dikes and seawall. Fencing animals out of Deer Creek 14 12 X X X X Fencing 14 2,800 X X X X Prescribed grazing 16 1 X X X X X Fencing 14 Soo X X Heavy Use Protection Area 14 0.04 X Subsurface Drain 14 1o8 X Totals 278.96 3,4o8 Source:Habitat Work Schedule(http://hws.ekosystem.us):Mason Conservation District Database According to the eligible projects in the Table, there were more than 278 acres of habitat protected and/or enhanced since July 22, 2011 to be considered toward the County's overall Work Plan goals. The map in Figure 6 depicts projects listed by the Washington State Recreation and Conservation Office's Habitat Work Schedule for Mason County that are either still active or were complete after July 22, 2o11. The table above shows only those projects located on agricultural land; however the map illustrates all post 2011 projects regardless of whether or not they are on land classified as agricultural. What is revealed is a pattern of habitat projects in specific areas of the County. Most are concentrated in the Skokomish River valley(WRIA 16) while other smaller concentrations can be found in Oakland Bay (WRIA 14) and Hood Canal near Belfair(WRIA 14 and 15). Recognizing critical areas in the County where efforts have been recently made, or continue to be made, toward restoration can provide a foundation from which to start. Agricultural activities in those regions may be impacting or be impacted by the associated critical areas providing an opportunity for coordinated stewardship efforts. MASON COUNTY,WA 45 WORK PLAN 0 .i_-Si Epi S'�.:E ldY.�..p• • • 0 1 ca (ilM•a 0 4b O ©T • • Legend •M Projects 1 1 0 Active Projects 1 1 ' GOOSE 1 Q Proposed Projects 1 PRA ME I 1 I , { O Dormant Projects Q Conceptual Projects i 0 % 0 Completed Projects Figure 6 Habitat Work Schedule Projects Map MASON COUNTY,WA 46 WORK PLAN Conversely, data exhibiting the amount of critical areas lost over that same period of time should also be discussed as that information is available. Outside of the maps and resources discussed later in this Plan, activities that have resulted in a reduction of critical areas or farm lands are not documented in the same fashion as the projects that provide protection and enhancement. NAIP HIGH RESOLUTION AERIAL IMAGERY CHANGE DETECTION Advances in digital imaging and Federal initiatives to monitor agriculture have led to the acquisition of state-wide 1-meter aerial imagery for 2oo6, 2009, 2011, 2013 and 2015 made available by the National Agricultural Imagery Program39. The high accuracy, fine scale, and broad scope of this data set provide a unique opportunity to address land use and land cover questions. In this Work Plan, the Mason Conservation District will use the High Resolution Change Detection ("HRCD") model to track the changes in critical areas as often as the information is updated. This data covers all areas of Puget Sound for which bare earth LiDAR4°data was available, including WRIA's 1 through 1g. WRIAs 14, 15, and 16 cover most of Mason County, omitting WRIA 22 (Lower Chehalis)which was not part of the data set. The map illustrates the areas of detected change (green) in the eastern and northeastern parts of the County and extending beyond. No data appears in the lower southwestern portion. 39 Developed under a Salmon Recovery Funding Board grant to the Habitat Science Division of the Washington Department of Fish and Wildlife 40 LiDAR stands for Light Detection and Ranging and is a remote sensing method that uses light in the form of a pulsed laser to measure ranges(variable distances)to the Earth.oceanservice.noaa.gov/factsllidar MASON COUNTY,WA 47 WORK PLAN Figure 7 High Resolution Change Detection Map, 2011-2013 r _ S-QU NA ON Ae, SK0K02NIISH-D0SB ALLIP§ �4 `r KWSAP, FV „ e . f R r Ak P ! L p KENNEDYLGOLDSBOROfIGH LOWER CHEHALIS ` DE ES a The analysis performed with HRCD quantifies new impervious and semi-pervious surfaces and canopy loss over periods of time. In Mason County, these include the periods from 2oo6 to 2009, 2009 to 2o11 and 2011 to 203-3. Considering the baseline dates for VSP is July 22, 2011, the 203-3--2013 data set was used to establish changes that occurred in Mason County post 2011. A GIS analysis was conducted by the District utilizing the change detection data together with agricultural lands in the County. Of approximately 6,037 acres of detected change in the County post 2o11, approximately 28 acres, or o.5%, of that were on agricultural lands. This reflects a relatively small amount of change resulting in increased impervious surface or decrease in tree canopy in Mason County's agricultural lands. Comparing this data set to the information collected for the two preceding years, there were approximately 7,o53- acres of detected change in the County, with 165 of those acres on lands with agricultural activities. MASON COUNTY,WA 48 WORK PLAN During that four year period a significant reduction in change was detected; however, additional data would be needed post 2013 to conclude any trends toward overall improvement. The following table breaks down these changes over both collection periods by WRIA. Table 6 HRCD Detected Changes by WRIA • • 2009-2011 q Ln Ln N N v > > a> f 0 ate, o a 4V ro 41 c `° v v +� c v o v ro ro ro I-0 ro L c v v a� o ro c a, `t aEi v ai U ~ Lj aU 0- V1 U F- I- ro a u Ln a u 0 E E - v E L c E c 14 27.6 26.5 0.5 o.8 109.4 '105.1 4.8 1.7 15 0.2 0.1 o.o6 o.o6 0.1 0.05 0.02 0 16 o.6 0.5 0 0.1 55.2 55.1 0.05 0 Totals 28.3 27.2 o.6 1.0 164.8 16o.2 4.8 1.7 From the table and graph it can be deduced that most of the changes detected were a reduction of tree canopy and mostly in WRIA 14 in both time periods. MASON CONSERVATION DISTRICT BMP PROJECTS Analysis of the District records for BMPs implemented in Mason County as of July 2011 produced the following table. These projects reflect local efforts by agricultural operators to voluntarily improve and protect critical areas on their property. Table 7 Mason Conservation District BMP Projects as of July 2011 Brush Management 6.5 Herbaceous Weed Control 127 Conservation Cover .19 Fencing .625 Use Exclusion 12 14 Tree/shrub site preparation .03 Roof runoff structures 1 each Heavy Use Protection Area .3 Nutrient management 9.5 Subsurface drain .02 Tree/shrub establishment -43 157 15 Tree/shrub site preparation o6 MASON COUNTY,WA 49 WORK PLAN Total • . WRIA BMP Acres Improved Acres Improved Tree/shrub establishment o6 .12 Stream habitat improvement& management 10.75 Herbaceous Weed Control 1,700 Prescribed grazing 1 16 Tree/shrub establishment 2.5 Wetland enhancement 30 Grading,shaping, releveling .3.5 Engineered logjam 6 each 1,744 22 Brush management •35 •35 USDA NATURAL RESOURCES CONSERVATION SERVICE — CONSERVATION PRACTICES The table below reflects information received from the Washington office of the Natural Resources Conservation Service for conservation practices implemented in Mason County from 2011 through 2017. While the location of these practices is protected, the types and amounts over this time period can provide a history from which projected benchmarks can be extrapolated. Table 8 NRCS Conservation Practices 2011-2017 • � • • ® AMOUNT/YEAR Access road Feet 95 425 Brush management Acres 6 4.1 12.4 L; Cover crop Acres 1 0.1 Critical Area Planting Acres 0.7 i Early successional habitat Acres 3 development/mgmt. Fence Feet 200 2895 1710 2275 Fuel break Acres 8.6 Heavy Use Area Protection Acres 0.1 1 1 0.1 3 0.1 0.3 Herbaceous weed control Acres 5.6 6.6 High tunnel system Sq ft 216o ® Irrigation System,Micro- Acres 1.1 irrigation ® Irrigation system,sprinkler Acres 16.2 • Underground,plastic Feet 118o . MASON COUNTY,WA 5o WORK PLAN • � ■ ■ ® . . Livestock pipeline Feet 675 250 Manure transfer No 1 Mulching Acres 13 4.7 •• Nutrient management Acres 1 139.8 0.1 21.4 •• Obstruction removal Acres 3 Open Channel Feet go Pest Management Acres 5.8 7.8 3 Pipeline Feet 740 588 765 Prescribed grazing Acres 1 120 Restoration of Rare or Acres 24.3 7.9 20.5 293 28.9 Declining Natural Communities Riparian forest buffer Acres 3.6 Roof runoff structure No 1 7 Seasonal high tunnel for Sq ft 2178.1 4o8o crops Silvopasture Acres 6 Stream Habitat Acres 1 0.7 Improvement and Management Tree/Shrub Establishment Acres 3.9 1.7 1.7 3.5 16.4 2.8 ••• Tree/Shrub Pruning Acres 1 1.5 7 4 •• Tree/Shrub Site Preparation Acres 7 9.5 0.5 21.2 3 8.5 • Underground outlet Feet 822 Waste Storage facility No 1 1 Watering facility No 3 1 1 5 2 Aside from the NRCS data that cannot be assigned to a specific WRIA, this section illustrates some activities already occurring in the target area for this Program's efforts to build on. Monitoring efforts for future protection and enhancement measures will follow through the strategies discussed in the remainder of this plan. According to the data collected, Table 9 below reflects critical area acres improved verses acres impacted to show a net baseline. MASON COUNTY,WA 51 WORK PLAN Table 9 Net Baseline Acres of Critical Area Improvements 14 157 27.6 129.4 15 .12 0.2 .10 16 1,744 o.6 1,743.4 22 •35 -- •35 What are important to record from the table above are the acres of improvement that has occurred in each WRIA since the baseline date of July 22, 2011. Since the VSP requires that critical areas be protected and/or enhanced, the acres as established by that date must be maintained or increased. In WRIA 14, 129 acres of critical areas have already been improved, as have 1,743 acres in WRIA 16. While any decrease in critical areas is not the goal of VSP, these two WRIAs have already established a margin of improvement should either of them suffer a loss. WRIAs 15 and 22 have minimal recorded improvements and will need to maintain the acres established in 2011. MASON COUNTY,WA 52 WORK PLAN 14. MONITORING DETERMINING the success of the Voluntary Stewardship Program over a ten-year period requires the ability to monitor the lands which are subject to it. The Program is intended to protect and enhance critical areas on agricultural lands as they were in July of 203.1 through voluntary incentivized measures. It is also aimed at improving agricultural viability through those same or additional measures. Later sections outline goals and benchmarks to implement the Program, with reporting measures at periodic intervals to determine its success. Should efforts prove ineffective at reaching the goals and benchmarks,then adaptive management will be instituted. The monitoring element of this Work Plan is where the data is collected over time to indicate changes, both positive and negative. In order to achieve effective monitoring,the data sets must be observable overtime—they must be updateable in order to be monitored and analyzed as a performance measure of the Program. Each data set obtained for measuring critical areas and agricultural lands has historical significance, but not all of them have the capacityto be updated forthis Program's purposes. DATA HISTORY AND UPDATES Mapping data used to create the Critical Area maps and subsequent tables cannot all be updated in an efficient or timely manner to provide a useful monitoring tool for the purposes of this Work Plan. Geologically Hazardous Areas data has not been updated by Mason County since the inception of their Comprehensive Plan in 1996, or in any subsequent updates. Generally, however,these types of areas are a result of soil composition and soil stability which do not change over short periods of time—relatively speaking. The Critical Aquifer Recharge Area (CARA) data maps were developed for the County by a geologist named Gordon Adams in 3.999. Several funding requests in an attempt to update these "Interpretation of these maps have fallen short of fruition and are unlikely to be heeded [Critical Aquifer Recharge in the foreseeable future. The type of studies needed to update Area]data sources was CARA maps are quite costly and labor intensive. performed by Geologist Gordon The wetlands map was created from the National Wetlands Adams. An explanation of that Inventory and imported into the District's GIS system to create interpretation is included in a mapping layers. This is a fluid mapping system, pardon the letter from Gordon Adams dated Murch 29, 1999." expression, that changes annually as new information is observed. The caution to this, however, is that wetlands are Section 8.S2.12o(1)(B)(vii) estimated using "high altitude imagery" and not necessarily MCC ground-truthed. Changes to wetlands could, in fact, be noted over the next ten years in areas subject to this Work Plan's monitoring program depending on their size and physical MASON COUNTY,WA 53 WORK PLAN change. However, on a small scale, such as a single farm in a single county, impacts—increases or decreases — may not be recognized using the USDFW imaging techniques. Wetlands mapping will be included in this Work Plan's monitoring as an updateable data set. Frequently flooded areas are designated by the Federal Emergency Management Agency (FEMA) through their Flood Insurance Rate Program and adopted by local governments for regulation. In Mason County frequently flooded areas are not regulated under the Critical Areas Ordinance (Resource Ordinance) but instead under a separate Flood Damage Prevention ordinance adopted in the Building and Construction code. These areas are regulated by the County under a set of regulations prescribed by FEMA and subject to their ultimate approval. It is likely that since this critical area is not included in the Critical Areas ordinance that it is not subject to VSP and the Flood regulations will be maintained as a regulatory backstop. The maps generated for this Work Plan containing frequently flooded areas reflect the most current data as compiled by FEMA and adopted by Mason County. Considering these maps were most recently updated prior to this in the 3.98os, it is not likely that the mapping will be updated again in this Programs life cycle. Figure 8 2o16 Prelim Floodplains Map—Skokomish Valley Mason County 2016 Preliminary Flood Hazard Areas A-1%Annual Chance Flood; Approximate AE-1%Annual Chance Flood; Detailed AD-1%Annual 1 Chance Flood;Sheet Flow Floodway-1% Annual Chance Flood; Ae.. High Velocity VE-1%Annual Chance Flood;Coastal Velocity %500-.02%Annual Chance Flood;Low Flood Hazard Area F iA .mac I A i�r Source: Mason county. Department of Public Works, GIS Division The Fish and Wildlife Habitat Conservation Areas maps were created from data received from the Washington Department of Fish and Wildlife. The data is updated as species and habitat are found in the field and as funding permits;this is not a suitable database for use as a primary monitoring tool. What can be updated for monitoring purposes is the amount and location of agricultural activities. Data utilized to map agricultural land and land with agricultural activities will be the easiest to obtain and update for monitoring purposes. This information is updated in the MASON COUNTY,WA 54 WORK PLAN Assessor's database during their annual cycles of evaluation for taxing purposes and for properties put in or taken out of the County's open space program. Additionally, the District works with landowners who practice agricultural activities on their property that may not be designated as agricultural; this property can be included in the inventory for monitoring purposes as well. MASON COUNTY,WA 55 WORK PLAN s5. AGRICULTURE AND AGRICULTURAL ACTIVITIES AGRICULTURE as a land use or as a resource land is represented in the County's Comprehensive Plan "as land primarily devoted to the commercial production of horticultural, viticultural,floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, tuff, seed, Christmas trees, or livestock, and that has long term contntercial significance for agricultural production.""(Farms and Crops Appendix) This is similar to how it is defined under the Growth Management Act. However, as discussed in the opening paragraph of Chapter 1, agriculture for the purposes of VSP is being evaluated by the way it is defined under the Shoreline Management Act (SMA). The GMA defines agriculture in a fairly broad sense and primarily focuses on the product; and GMA has no comparable definition for agricultural activities. The Mason County Resource Management Ordinance has also created within it a definition of agricultural activities"that bares some similarities to that of the SMA. In the case of the VSP, using a definition that is standardized statewide and covers a broader range of activity allows for uniformity among the local individual Work Plans. The first rendition of the Comprehensive Plan adopted in 1996 described the history of agriculture practices in Mason County as having taken place ... since the early days of logging. The clear-cutting practices of those early logging companies opened a considerable amount of County land to agriculture, particularly to dairying and cattle raising. Crop production Was limited to the growing of hay, berries and potatoes. In the eastern part of the County Where the weather zeas ntilder, extensive vineyards and fruit orchards were planted. Despite its rich agricultural history, ltozuevet; Mason County is not Well-endowed With the resources necessary to create a strong competitive advantage for agricultural production. Consequently, agriculture's current role in Mason County's economy is relatively minor. 43 41 Mason County Comprehensive Plan,Chapter IV,zoos Update,Mason County,Washington 4'"Agricultural activities and existing and ongoing agriculture"means those activities conducted on lands defined in RCW 84.-44.020(2),and those activities involved in the production of crops and/or raising or keeping livestock,including the operation and maintenance of farm and stock ponds,drainage ditches,operation and maintenance of ditches,irrigation systems including irrigation laterals,canals or irrigation drainage ditches,and normal operation,maintenance and repair of existing serviceable agricultural structures,facilities or improved areas,and the practice of aquaculture.Activities which bring an area into agricultural use are not part of an ongoing operation.An operation ceases to be ongoing when the area on which it is being conducted is converted to a nonagricultural use or has Iain idle for more than five years,unless the idle land is registered in a federal or state soils conservation program,or unless the activity is maintenance of irrigation ditches,laterals, canals or drainage ditches related to an existing and ongoing agricultural activity. 43 Mason County Comprehensive Plan,Chapter IV,2005 Update,Mason County,Washington MASON COUNTY,WA 56 WORK PLAN The regulation of agricultural land, as well as forestry and mining resource lands, is found in the County's Resource Ordinance. Resource lands are "designated' as such as by a specific set of criteria. As a designated resource land,the Ordinance acknowledges the unique importance of the resource and affords it a distinct classification and development standards that focus on protection and preservation from encroachment and conversion of use. Much of the agricultural land within the County is located in the rural areas, outside the urban growth areas. According to the Mason County Assessor's records, there were 387 parcels in 2011 with the taxing classification of agricultural or agricultural open space. These parcels combined total approximately 6,40o acres of agricultural land. Understanding that not all land being utilized for agricultural activity is officially recognized,data must be gathered from other resources to obtain a full picture of agriculture in Mason County. Agricultural resource land as described by the Resource Ordinance may or may not be included in the Assessor's data base and would need to be accounted for from other sources including the Future Land Use Map. Figure 9 Mason County Future Land Use Map MASON COUNTY ■ Future Land Use Map wlE f f f LegendC 4 Mason County WRIAs ESCRIP ■ Agricultural Resource Lands ■' City Hamlet 3 f I Indian Reservation 0 Inholding Lands , Long Term Commercial Fores Otympic N allonal Forest u ■/ ; Otympic N ational Park f ✓ Rural IF Rural AcdvgyCenter �. ' a Urban Growth Area I Water : e , 4 Parcels i Waterbodles ■ b �� �, Mason Countyfl • { _ r .t`� � 14 ■i c .�..Z_,. Date:11/29/2017 ■ � ■r n �—^•.�j r Mason ' e' 6 ■ r Conservation District • R 0 225 45 91,tlles Source: Mason county, Department Of Public Works, GIS Division MASON COUNTY,WA 57 WORK PLAN The Future Land Use Map (above) also created in 1996, depicts agricultural land as several areas of brown. In this case, these parcels were designated under a specific set of criteria in addition to any associated taxing classification utilized in the Assessor's data. These lands, in order to qualify for designation had to be, (1) an existing commercial agricultural use (as of the date of designation) or where the property Was used for agricultural purposes as of January 1991, where identified by property tax classification in the open space - agriculture property tax classification program pursuant to Chapter 84.34 RCW or where agricultural use has been identified as the principal use of the property, are presumed to meet this criteria; (2) a minimum parcel size of ten acres;and (3) has prince farmland soils; (4) is surrounded by lands dualifi�ing under classification criteria 1 to 3;or (5) is an upland fin fish hatchenj.44 In addition to the qualifying criteria outlined above,the Comprehensive Plan and the Resource Ordinance provide protections for designated and non-designated agricultural land through a Preferential Right to Farm. This means that, (A) No resource use or any of its component activities shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation for more than five years, when such operation was not a nuisance at the time the operation began; provided that the provisions of this subsection shall not apply Whenever a nuisance results from the negligent or improper operation of any such operation or its component activities, and the property owner follows the standards of this chapter. (B)A resource operation shall not be found to be a public or private nuisance if the operation conforms to local, state, and federal law and best management practices. (C)A farm or forest operation shall not be restricted to time of day or days of the week, but shall be conducted according to best management practices pursuant to state lain. (D)A farm or forest operation shall be free front excessive or arbitrary regulation.45 The Resource Ordinance further protects agricultural lands by requiring, 44 Section 8.6i.mo MCC 45 Section 8.52.040(5)MCC MASON COUNTY,WA 58 WORK PLAN All plats, short plats, large lot subdivision, development permits, and building permits issued for activities on, or within five hundred feet of lands designated as agricultural resource lands shall contain the following notification: This property is within or near designated agricultural resource lands on which a variety of commercial activities may occur at times and that are not compatible with residential development. Residents of this property may be subject to inconvenience or discomfort associated with these activities including, but not limited to:dust,odor, noise and chemical applications."46 The Open Space Taxation Act,enacted in 1970,allows properhj owners to have their open space,farm and agricultural,and timber lands valued at their current use rather than at their highest and best use. The Act states that it is in the best interest of the state to maintain,preserve, conserve and otherwise continue in existence adequate open space lands for the production of food,fiber,and forest crops and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens. RCW 84.34 46 Section 8.61.oio(5)(B)MCC MASON COUNTY,WA 59 WORK PLAN 16. ESTABLISHING THE AGRICULTURAL BASELINE IN order to evaluate and monitor the effectiveness of this Work Plan, there must be an established baseline of conditions from where to begin. As discussed earlier,the effective date of the VSP program, July 22, 2011, is that date from which each jurisdiction's baseline conditions must be set. Obtaining this information can be challenging; especially if the data was never actually created or gathered at the time. Not every County will have data from 2011 and will need to accommodate this requirement with the best information available. Data for the agricultural landscape of Mason County was gathered from several resources: the Mason County Comprehensive Plan's Future Land Use Map, the Mason County Assessor's Office, the Washington State Department of Agriculture, the U.S. Department of Agriculture, and the Mason Conservation District. The Agricultural Lands Map (Figure lo) is a compilation of designated agricultural resource lands from the Mason County Comprehensive Plan's Future Land Use Map (2005),the Mason County Assessor's data on agricultural open space land (as of 2o11) and Washington Department of Agriculture's crop survey data (201o). This is the most comprehensive portrayal for a baseline overview of agricultural lands in Mason County. This map shows 6o5 agricultural parcels covering 9,041 acres. MASON COUNTY,WA 6o WORK PLAN Figure io Baseline Agricultural Lands MASON COUNTY N Baseline Agricultural Lands W*6 is 1 Legend Agricuftural Lands ' Wawrbodies Mason County ' kr Mason County WRIAs Parcels y � Date:3/112018 k Mason Conservation District 0 3.25 G.5 13 Miles Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture 17. AGRICULTURAL LANDS AND CRITICAL AREAS INTERFACE THE following sections describe the overlap of agricultural lands in the County's critical areas. Each critical area is regulated under the Resource Ordinance with specific guidelines targeting protection and preservation. Unlike zoning, critical area regulations are designed to create an environment that safeguards the resource from development impacts, including agriculture. Each critical area is different and how it interfaces with agricultural activity varies depending on the use and intensity. The tables below summarize the statistics of agricultural land located near or in critical areas. Table 10 Acres and Percentages of Agriculture and Critical Area Interface "i" CARA 129,465 9,041 5 070 56% q Flooded 6o,963 9^1 3,723 41% 6% Areas Landslide 82,683 9.041 293 3% 0.3% Areas Seismic Areas 398,388 9,041 8,520 94% 2% Erosion 16,856 9,041 114 1% 0.7% Areas Fish & Wildlife 34,204 9,041 1,690 18% 5% Wetlands 55,875 9,041 1,288 14% 2% 47 Critical Areas data obtained from Mason County Public Works,GIS Services;with the exception of Fish&Wildlife data which was obtained from the Washington Department of Fish&Wildlife 48 Agricultural lands data obtained from Mason County Assessor's aoii Open Space-Agriculture Program,Mason County Public Works,GIS Services for Resource Lands from the Mason County Comprehensive Plan's Future Land Use Map,and Washington Department of Agriculture's 2oio Crop distribution survey. MASON COUNTY,WA 62 WORK PLAN CRITICAL AQUIFER RECHARGE AREAS The County's Critical Aquifer Recharge Areas ("CARAs") are primarily located in the Lower Chehalis and Kennedy Goldsborough WRIAs where there are also heavy concentrations of waterbodies. The Skokomish-Dosewallips WRIA in the northwestern corner would appear from the data to have no CARAs; however, this land is mostly national forest and parcel information would likely be unavailable. This leaves a noticeable gap in data, however due to the lack of agriculture in that area it should not affect the overall Work Plan. CARAs are regulated under the Resource Ordinance and divided into four Standards of Classification. The determining methodology consisted of reviewing mineral, geologic, soil, topographic and well record data. The classifications can be described as: Class I (Extremely Susceptible) These areas are identified as having a recessional outwash of thickness greater than 25 feet. Recessional outwashes are a geological formation predominantly composed of underground source of drinking water unconsolidated sands and gravels. These formations Surface waters replenish, exhibit horizontal permeabilities greater than 3o feet per day "recharge", aquifers (horizontal permeabilities are generally ten times less than through seepage from vertical permeabilities). Potential contaminants entering an streams, lakes,and underground source of drinking water can be expected to wetlands,and from travel one mile in six months or less. precipitation that percolates Class II (Highly Susceptible) These areas are identified as through soil or rock. Areas recessional outwash and alluvium 25 feet or less in thickness. with a critical recharging These geologic formations are composed of unconsolidated effect on aquifers used for sands and gravels interlain with discontinuous layers of potable water,also called hardpan and silty clays. Depth to water is generally 25 t0125 Critical Aquifer Recharge feet below land surface. These formations exhibit horizontal Areas or CARAs permeabilities in the range of 3o to 5o feet per day. Potential contaminants entering an underground source of drinking water can be expected to travel one mile in a time frame greater than six months and up to one year. Class III (Moderately Susceptible) These areas are identified as advance outwash. The geologic formations consist of discontinuous layers of clayey gravel and sand and layers of silt and clay, which are more continuous and have been compacted into hardpan. Depth to water is greater than 2.25 feet below land surface. These formations exhibit horizontal permeabilities in the range of three to 15 per day. Potential contaminants entering an underground source of drinking water can be expect to travel one mile in a time frame greater than one year and up to five years. Class III areas include those well head protection areas, not otherwise designated as a Class I, II,or III critical recharge area. Class IV (Low Susceptibility) These areas are identified as advance outwash found in the southwest part of Mason County along the Satsop drainage. MASON COUNTY,WA 63 WORK PLAN There are 5,io8 acres of agricultural land (bright yellow) covering aquifer recharge areas — more than 5o% of all the County's agricultural lands (Figure 11). Of those, the table indicates the highest concentration of this interface lies within the Kennedy Goldsborough and Skokomish-Dosewallips watersheds. The majority of this coverage in the Skokomish River valley, along the Tahuya River in the northeastern portion of the County, and down along the Skookum Creek (Kamilche Valley) to the south. Concentrations of agricultural activities are prevalent in the Skokomish River valley, centrally located in the County, and along Mill and Coffee Creeks to the south of Oakland Bay. The crop coverage in these areas is mostly pasture, grass hay, and Christmas Trees. In the County's Resource Ordinance, protection measures of these areas extend 300 feet beyond the mapped boundaries. The map coverage does not delineate the classification of aquifers; however for regulation purposes, this is of little relevance as each classification is held to the same regulatory standards, with the exception of Class IV which is less. Aquifer recharge areas do not prohibit agricultural activities with the exception of feedlots, which are prohibited unless legally pre-existing prior to adoption of the County's Resource Ordinance. The table below shows a breakdown of CARA acreage by watershed. Table 11 Acres and Percentages of CARA and Agriculture Interface Kennedy o Goldsborough 41,028 2,°77 5/0 Kitsap 4,004 245 6% Skokomish- Dosewallips X2345 2,033 16% Lower Chehalis 72,o88 753 1% Totals 129,465 5.108 4% A Critical Aquifer Recharge Area (CARA) ordinance provides local governments with a mechanism to protec the functions and values of a community's drinking water by preventing pollution and maintaining supply. MASON COUNTY,WA 64 WORK PLAN Figure si Intersection of Ag Lands and CARAs Map MASON COUNTY M Ag Lands and W+ CARA Intersect Legend Mason county wRIAs , b. Ag and CARA Intersect c' Agricultural Lands Critical Aquifer Recharge Areas WJaterbodles Mason County 02 Parcels Date:3/1/2018 91 Vtw ?RR!! F4 1� , Id1 , 11�- rar - rr Mason Conservation - District R e° a m G 275 5.5 1144 files Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture FREQUENTLY FLOODED AREAS Frequently flooded areas are generally those designated by the Federal Emergency Management Agency(FEMA) as being within the one hundred year floodplain and depicted on Flood Insurance Rate Maps (FIRMS) as published.49 Most of them are, of course, along the banks of waterbodies. The Mason County Resource Ordinance defers the regulation of activities and development in these areas to the Flood Damage Prevention Ordinance (Chapter 14.22 MCC). The authority established under the Flood Damage Prevention Ordinance (FDPO) is directed by Chapter 86.16 RCW which provides for the administration of Floodplain ---------....--.--.-----------.--.. Management by local governments. Mason County The flood hazard areas of Mason County are subject to periodic protects frequently inundation which can result in loss of life and property, health, and flooded areas by safety hazards, disruption of commerce and governmental services, concentrating urban extraordinary public expenditures for flood protection and relief, and development on the impairment of the tax base, all of which adversely affect the public least amount of land, health, safety, and general welfare. These flood losses could be considers the exacerbated by the cumulative effect of obstructions in areas of special suitability of the land flood hazards which increase flood heights and velocities, and when for development inadequately anchored, damage uses in other areas. Uses that are through the use of inadequately floodproofed, elevated, or otherwise protected from flood performance damage also contribute to the flood loss. ... Mhis flood damage standards,and prevention ordinance to implement comprehensive flood damage provides for reduction measures that are necessary for public health safety and significant open Welfare and that allow property owners to protect their property.50 space and resource The FDPO also distinguishes Special Flood Risk zones in the floodplain of use areas in development within the Skokomish River, Vance Creek and tributaries. The map in Figure 13 the Rural Area. indicates (bright yellow) the areas of agriculture located in flood areas. Approximately 3,00o acres — just over 40% of all Mason County agricultural lands are in frequently flooded areas. Again, there is an 49 Flood hazard areas identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area(SFHA).SFHA are defined as the area that will be inundated by the flood event having a i-percent chance of being equaled or exceeded in any given year.Them-percent annual chance flood is also referred to as the base flood or Soo-year flood.www.fema.gov/flood- zones '*section 14.22.020 MCC MASON COUNTY,WA 66 WORK PLAN abundance of this type of land use in the Skokomish River Valley, a special flood risk zone according to the County's most recent ordinance. The Skokomish River Valley and its tributaries are not only of special concern in the FDPO, but this area is also governed by the Skokomish River Comprehensive Flood Control Management Plan cited within the Ordinance. The Plan, drafted in 1987 and on record with the U. S. Government Printing Office, describes the valley as primarily agricultural and residential. Since the turn of the century, the Skokomish Valley has been extensively converted to agriculture through the cutting and removal of the aboriginal riparian forests. Today, most of the valley has been converted to pasture and Christmas tree plantations. The economy of the Skokomish Valley is based on agriculture, and therefore the soil resource. Soils in the valley are the key to its agricultural success and are, in fact,the result of its continuous flooding. Alluvial soils, deposited by successive flooding of river valleys, typically have high agricultural values because of their widespread sources across the landscape. Because of their widespread sources, alluvial soils contain a variety and alnendance of minerals necessary for plant growth not commonly found in soils which have developed in place from a single parent rock source. Thus the flooding of the Skokomish Valley is the source of its agricultural productivity.sl The problems associated with the increasing annual flooding were, among other things, attributed to soil erosion of bare, unprotected farm fields, and damage to crops such as corn and Christmas trees. A specific concern in the 1987 Plan was a catastrophic event causing the river to jump its banks and carve a new channel; individual measures towards amelioration include flood proofing of structures, agricultural practices adapted to flooding, and bank protection methods not harmful to fish habitat. Several studies were conducted over the years to determine ways to reduce flooding damage; however,the cost-benefit analysis of most of the structural remedies didn't"pencil out". Non- structural methods (e.g. code and policy amendments) ultimately became the weapon of choice. The County utilized the building code, the Comprehensive Plan, and the Shoreline Management Program to guide future activity in the Skokomish Valley. With respect to agriculture,this included the prohibition of tillage patterns and feedlots. Another large concentration of farm land in the frequently flooded areas is found along the Skookum Creek, in the south end of the County. The Skookum Creek farming area including 5'Washington Department of Ecology.(1987).Skokomish River Comprehensive Flood Control Management Plan:Draft Plan. (TC24.W2 C361987).Washington DC:U.S.Government Printing Office. MASON COUNTY,WA 67 WORK PLAN Totten Inlet are shown collectively with the Skokomish River Valley in Figure 12 below. The primary agricultural activity in both areas is pasture and grass/hay. Table 12 Acres and Percentages of Flood Areas and Agriculture Interface It-film "I mpg. I' s -d- Kennedy 8 1,3�9 4% Goldsborough 9.3 4 Kits ap 8,779 161 2% Skokomish- Dosewallips 16'759 2,o63 12% Lower.__._.. _T._.�_...__.._..............._ _�__._ __._�.. Chehalis 6,041 18o 3% Totals 6o,963 3,723 6% y y / :. y' '. ty + ++ >b�s �1�� •.ioe lid' }rte 1 Tw. .l \ fil.,111 Raver Valley .'-?r" ��, e :•�C.. 9 -/moi ,,� PI (. _'' •r_ ,fit .•�`a:'!.!`ws.}i� �✓"� � ! ��ir t � / � r '1. it t*?•r" ! / Skoda Creek '^��+t` .� r �1 + • Ott' Kms. - •r} ��;, �'•• «iV�`� �-/ �a:�;, t . t' -`+.rte• . . i r� _ � I '{1" 1 MASON COUNTY,WA 69 WORK PLAN Figure 13 Intersection of Ag Lands and Flooded Areas Map MASON COUNTY �•�� �� Ag Lands and Frequently .-4, , Flooded Areas Intersect L Legend I rr } Mason County WRIAs Ag and Flood Areasintersec Agricultural Lands y Y r wr Frequently Flooded Areas Waterbodies Qj Mason county Parcels Date:3ftlaot8 t. 'y' a a Mason Conservation �* District G 0 225 4.5 9 Miles I I Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture LANDSLIDE HAZARD AREAS Landslide hazard areas cover most of the County, with the exception of the northwest corner. Again, this is likely due to the location of the Olympic National Forest and the lack of parcel level data. Classifying areas as potential landslide hazards is primarily a function of slopes and soils. This includes areas with: indications of earth movement; artificially over-steepened or un- engineered slopes; slopes containing soft or potentially liquefiable soils; over-steepened or otherwise unstable as a result of stream incision, stream bank erosion and undercutting by wave action; slopes greater than 15%and having hillsides with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock and Springs or groundwater or any area with a slope of 40% or steeper and with a vertical relief of ten or more feet except areas composed of consolidated rock. Landslide areas generally present potential dangers to public health and safety and, with few exceptions, development would require the professional preparation of a geotechnical report or An important measure of potential risk for landslide when development occurs assessment to determine under what conditions the is land clearing and alteration for development may proceed at a reasonable risk. development. Existing and ongoing agriculture is one exemption provided it is operating under best management practices. The bright yellow areas in the map (Figure 14) indicate landslide hazard areas, and are fairly wide-spaced over the County. Table 1.3 Acres and Percentages of Landslide Areas and Agriculture Interface Kennedy Goldsborough 25'501 tog 1% Kitsap 17,805 34 0.2% Skokomish- Dosewallips 21'748 27 0.1% Lower Chehalis 19,130 23 0.1% Total 84,184 293 0.3% MASON COUNTY,WA 71 WORK PLAN Figure 14 Intersection of Ag Lands and Landslide Areas Map MASON COUNTY " Ag Lands and e Landslide Intersect "S Legend Mason County WRIAs eco w Ag and LHA Intersect Agiculturai Lands � Landslide Hazards Areas - •�l-t �, Waterbodles Parcels Mason countv I; t Date:312!2018 ,/ �t op EP AW Mason Conservation District ti m.I • b 0 225 4.5 9Mlles Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture SEISMIC HAZARD AREAS The bright yellow areas indicate where agriculture activity is located within the seismic areas; there are approximately 8,52o acres. (Figure 15) Since seismic activity in Mason County occurs throughout, most all of the agricultural lands are subject to seismic restrictions. These areas include all landslide hazard areas, by definition, together with all other areas susceptible to ground failure such as geologic faults; deep road fills and poorly compacted artificial fill; postglacial stream, lake or beach sediments; river deltas; and bluffs. Seismic hazard areas present potential dangers to public health and safety, and restricted development activities within them serves to prevent the acceleration of man-made and natural geological hazards, and to neutralize the risk to the property owner or adjacent properties. Types of seismic hazards include: surface faulting; ground shaking; earthquake-related ground failure and landslides; lateral spreading; liquefaction; lurch cracks; rockfalls; differential settlement; regional uplift; seiches"; and/or tsunamis. As with landslide hazard areas, development must be evaluated with a geotechnical report or assessment. There is no exception for agricultural activities in seismic areas and all structures must be designed in consideration of the ground motions associated with a 475 year return period seismic event53for a D-i seismic zone `' Seismic zones are generally classified by the International Building Code according to three basic criteria: probable site ground motion, soil (site class),and building occupancy use. Seismic hazard area development standards focus on effects to buildings and other facilities from intense ground shaking and/or liquefaction. Attention to seismically induced landslides could also cause structural damage to buildings, particularly on steeper slopes and shoreline bluffs. s=A seiche is a standing wave in an enclosed or partially enclosed body of water.Seiches and seiche-related phenomena have been observed on lakes,reservoirs,swimming pools,bays,harbours and seas.The key requirement for formation of a seiche is that the body of water be at least partially bounded,allowing the formation of the standing wave. 'The level of earthquake chosen as the basis of a deterministic analysis is usually measured in terms of estimated return period.The return periods commonly used are 72-year,475-year,and 975-year periods.These return periods correspond to 5o, so,and S percent probability of exceedance for a 5o-year period(which is the expected design life for a building).The 475-year return period(or io percent probability of exceedance in 5o years)event is the most common standard used in the industry for assessing seismic risk,and it is also the basis for most building codes for seismic design.https://Understanding the Language of Seismic Risk Analysis I IRMI.com 541RC R3os.2(2):Soils is IRC Section 4o1.4.1,IBC Chapter 16&ASCE 7 MASON COUNTY,WA 73 WORK PLAN Table 14 Acres and Percentages of Seismic and Agriculture Interface Kennedy o Goldsborough 175,002 5,206 3/0 Kitsap 68,717 317 0.5% Skokomish- Dosewallips 75,022 2,492 3% Lower Chehalis 93,990 762 o.8% Totals 412,731 8,520 2% Magnitude 4.2 earthquake hits near Belfair Updated: Feb 23, 2017- 10:55 AIA L t • Source: Kir07.Com February 2017 MASON COUNTY,WA 74 WORK PLAN Figure 15 Intersection of Ag Lands and Seismic Areas Map MASON COUNTY N Ag Lands and Seismic Intersect Legend Mason countywRL6s Ag and Seismic Intersec V Agricultural Lands Seismic Hazard Areas waterbodies J Mason county Parcels Date:3/212018 t1? �j .I J1.:weJJ a.•• '! J a 1, Mason -j Conservation District p 0 2 4 aMlles l i l Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture EROSION HAZARD AREAS Erosion hazards generally occur on slopes that exceed 15% and are underlain by soils which are subject to severe erosion when disturbed. Such soils include any occurrence of River Wash ("Ra") or Coastal Beaches ("Cg") and the following when they occur on slopes 15% or steeper: Alderwood gravelly sandy loam ("Ac" and "Ad"); Cloquallum silt loam ("Cd"); Harstine gravelly sandy loam ("Hb"); Kitsap silt loam ("Kc"). In Mason County, there are approximately 16,994 acres of land that qualify as erosion hazard areas; of this, 114 acres have agricultural activities occurring on them. These areas can be seen in bright yellow on the map in Figure 16. This is less than one percent of the total agricultural land acreage in the County. Agriculture is not exempt from the development standards Erosion is a natural process in which the land surface is worn of the Resource Ordinance in erosion areas. Considering hick he the action surface water, the sensitivity of the soils, any clearing and grading activity awaywind, ice or ot1wrgeologic must have a geotechnical report prepared by a processes. The most common professional engineer. Structural developments in these cause of erosion is water falling areas are also required to obtain a soil erosion and or flouring across the land. sediment control plan as part of or in addition to the * * * * * *** geotechnical report. This is a unique requirement not included with the landslide and seismic standards and likely why Mason County chose to parse out the geological hazards for separate consideration and protection measures. Areas of specific erosion concern are also subject to limited operations between May and October, and avoiding the wet season. Property owners conducting operations within erosion hazard areas shall not only provide a soil erosion and sediment control plan for protection of the development area and disturbed surfaces, but shall also be responsible to ensure that accelerated erosion does not occur during and after the project construction. Table 15 Acres and Percentages of Erosion and Agriculture Interface Kennedy ° Goldsborough 8,265 66 0.8/0 Kitsap 7,o62 7 o.s% Skokomish- Dosewallips 1598 41 3% Lower Chehalis 69 0.4 0.6% Totals 16,994 114 0.7% MASON COUNTY,WA 76 WORK PLAN Figure 16 Intersection of Ag Lands and Erosion Areas Map MASON COUNTY l Ag Lands and Erosion Hazard Areas • 'p Legend i $ Mason county b Mason county WR1As Ag and Erosion Intersect 4 0 Agricultural Lands Erosion Hazards Areas _~ Waterbodies 4 Parcelsa 4P Date:31212os8 e D h ��E Mason � . Conservation a District `m m D D 0 225 45 9Atlles I i l i i l Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture FISH AND WILDLIFE HABITAT CONSERVATION AREAS Fish and Wildlife Habitat Conservation Areas (FWHCA) are recognized for maintaining species in suitable habitats within their natural geographic distribution so that isolated populations are not created. It does not mean maintaining all individuals of all species at all times, but does mean intergovernmental cooperation and coordination is critically important in a region. - The underlying assumption is that impacts to fish and wildlife conservation areas shall be avoided or mitigated as detailed in approved Habitat Management Plans as described in the Resource Ordinance.The intent of these regulations is to: (i) Protect critical habitat features to support genetically viable populations of fish and wildlife species and allow for commercial and non-commercial uses. (z) Protect the biological, physical, and chemical -f components of water quality for the benefit of aquatic and terrestrial resources, as well as human consumptive uses. (3) Ensure that natural stream and marine shoreline functions such as flow patterns, production of sediment and large woody debris are maintained with minimal interference or impact to private property. (4) Protect habitat for federal or state listed endangered, threatened or sensitive fish and wildlife. (5) Encourage non-regulatory methods of habitat retention whenever practical, through education, and the Open Space Tax Program. (6) To supplement the Shoreline Master Program for Mason County to preserve and protect critical fish and wildlife habitat pursuant to (WAC 3,65-zgo-o8o). It is the intent that the ordinance codified in this chapter will compliment and supplement the Shoreline Master Program. (7) To implement the Mason County Comprehensive Plan and to achieve these purposes consistent with the Comprehensive Plan. As discussed earlier in this Plan, Fish and Wildlife Habitat Conservation Areas include both aquatic and terrestrial areas within Mason County. The approximate location and extent of MASON COUNTY,WA 78 WORK PLAN critical fish and wildlife habitat areas are available by limited access from the Washington Department of Fish & Wildlife's (WDFW) Priority Habitat and Species (PHS) Program database. The map in Figure 17 illustrates Priority Species Habitat in bright yellow. There is approximately 1,6go acres of agricultural land that interfaces with the habitat, which is about 18%. Mason County has a number of priority species habitats, both aquatic and terrestrial. The table below describes the amounts of fish and wildlife habitat in the county together with how much of it interfaces with agricultural lands. Since most of the County's agricultural activities are in WRIAs 14 and 16, it follows suit that most of the interface of habitat is also in those regions. Additionally, while the production of shellfish in Mason County is first in the State, and fifth in the Nation, less than 10%of shellfish habitat interfaces with agriculture. Table 16 Acres and Percentages of Habitat and Agriculture Interface Kennedy Goldsborough 4,150 1,075 26% Kitsap 2,981 56 2% Skokomish- Dosewallips 27,073 559 2% Lower Chehalis -- -- -- 34,288 1,690 5% .. i _ I :. Kelp j i i f I E i i i i MASON COUNTY,WA 79 WORK PLAN Figure s7 Intersection of Ag Lands and Priority Species Map N MASON COUNTY Ag Lands and Priority � ' 1 Species Habitat ` Intersect Legend Mason county b Mason county W R tAs a Ag and Habitat Interred Agricultural Lands ` Priority Habitat species Waterbodles BG Parcels m Date:3/2/2018 e o ,v 9.. i n d 0 0 P e � � v 0 Mason Conservation w 4' 04 District 0 0 2 4 aMb. t t Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture WETLANDS Mason County is covered by approximately 55,875 acres of designated wetlands. Table 9 of Section iZ indicates that agriculture overall only impacts approximately 2% of those; however wetlands occur on nearly 14% of the entire County's agricultural lands. The Resource Ordinance, in this case, regulates adjacent land uses in order to avoid, minimize, rectify, reduce or compensate for development impacts to maintain and enhance the biological and physical functions and values with respect to water quality maintenance; stormwater and floodwater storage and conveyance; fish and wildlife habitat; primary productivity, recreation, education and historic and cultural preservation. When avoiding impacts is not reasonable, mitigation is implemented to achieve a no net loss of wetlands in terms of acreage, function and value. What qualifies as a wetland is also provided in the Resource Ordinance as adopted from state statutes. Generally, wetlands are areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. These include swamps, marshes, bogs and similar areas. Regulated wetlands include those just mentioned, as well as ponds less than 20 acres and Wetlands created as mitigation, and those modified for approved land use activities, including their submerged aquatic beds. Designated wetlands not regulated are comprised of artificial man-made wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990,that were unintentionally created as a result of the construction of a road, street or highway. The map in Figure 18 shows the WRIA divisions in order to better see the location of all the County's wetlands as well as those on agricultural land (bright yellow). There is a minimal amount of wetland and agriculture interface as evidenced by this map; most of which are along the Skokomish River and Skookum Creek. The total amount of interface between agriculture and critical areas of July 2011 is shown in the table below. MASON • • : WORK PLAN Table 17 Acres and Percentages of Wetland and Agriculture Interface " creno '�Agricu(ture Interfa Kennedy : . . . . . . Kitsap .• 142 2% Skokomish- 13,973 :: • . � 1 Lower Chehalis 6,567 45 1 • Totals 55,875 :: 1 / �' r MASON COUNTY,WA 82 WORK PLAN Figure s8 Intersection of Ag Lands and Wetlands Map MASON COUNTY a Ag Lands and Wetlands Intersect Legend y Zai• '��`� Mason County r•'9•c J +r' ?t'•: {� ��� Mason County WRIAs Ag and Wetlands Intersect Agricultural Lands ' • /y;iy.i Wetlands Waterbodles F •i 1+'~! "9 Parcels Date:31z12oi8 t r l �,�I `• 4. . Mason s Conservation 17. District V ` ,✓ � ..'. �'' ' D 2 4 8 Miles Source: Mason County Assessor's Office, Mason County Future Land Use Map, WA Dept. of Agriculture The table indicates that there is interface of critical areas and agricultural activities in 4 out of the 5 WRIAs elected to be placed in the VSP; WRIA 21 (Queets Quinault) is in the Olympic National Forest and without agriculture or adequate data for analysis. The map in Figure 19 shows the largest concentration of critical areas in the Kenney Goldsborough WRIA in the southeast portion of the County. With each critical area overlaid, the mosaic of colors shows the unmistakable evidence of their presence.The reason for this may be the large amount of water in that region including Oakland Bay, Totten Inlet, Hammersley Inlet, Skookum Creek and portions of Hood Canal that provide favorable lands for agriculture. Table 18 Acreage of Ag in Critical Areas by WRIA -. - AAk � , CRITICALAQUIFER RECHARGE AREAS 2077 245 2033 753 FREQUENTLY FLOODED 1319 161 2063 180 AREAS _ WETLANDS 613 142 488 45 GEOLOGICALLY HAZARDOUS AREAS Landslide Hazard Areas 209 34 27 23 Seismic Hazard Areass 5206 317 2492 762 Erosion Hazard Areas 66 7 410.4 FISH AND WILDLIFE _...___._______ PRIORITY SPECIES 2075 56 559 HABITAT MASON COUNTY,WA 84 Figure sg Mosaic of Critical Areas Map WORK PLAN MASON COUNTY " M E Critical Areas Mosaic Legend Mason County WRIAs Wetlands •--- r` y ,. rl Erosion Hazards }_ � / •- r r �• [ Priority Species Habitat Landslide Hazards Frequently Flooded Area ��i �� ��•. . CARAs Seismic Hazards n Waterbodies _ �� a'`' � ` ��� ''j r '�• � rr`' � Mason County Parcels W . Date:3/7/2098 s /r ��li�•�i,�, Mason Conservation 4R District 1.75 3 5 7 Miles Source: Mason County, US Fish and Wildlife, Mason County, FEMA 18. GOALS THE Mason County VSP outlines goals to meet the protection and enhancement benchmarks as required in the Work Plan. The "protection" benchmark is specific to protecting critical areas by preventing any further degradation of function or value already existing as of July 22, 2o11. Although, protecting agricultural activities from some of the risks associated with critical areas such as seismic and frequently flooded areas is of importance and should be considered in the planning process when possible. In this document,the viability of agricultural activities will mostly be those associated with critical areas, and not necessarily all activities within the County at large. The Work Plan must rely on voluntary stewardship by agricultural operators as the principal method of protecting critical areas located on or adjacent to their activities; while not requiring any reduction ortermination of those activities. Successful achievement of these two benchmarks will create symbiotic relationships between agriculture and critical areas. The overall goals of VSP, as understood and iterated in this Work Plan, can be defined as: i) Protect critical area functions and values on agricultural lands at a watershed level as they existed as of July 22, 2011(first benchmark, RCW 36.7ok7m) 2) Encourage the implementation of voluntary actions that enhance critical areas on agricultural lands(second benchmark, RCW 36.7oA.7oo) 3) Enhance the viability of agriculture and reduce the conversion of farmland to other uses (third benchmark, RCW:t6.7oA.72�) The Work Group has comprised four goals in this Work Plan that are similar to those of VSP stated above, but simplified for the purpose of creating understandable strategies to achieve them. GOAL i Protect critical area functions and values on agricultural lands at a watershed level as they existed as of July 22, 2011 GOAL i Enhance critical area functions and values through voluntary, incentive-based measures. GOAL 3 Ensure the viability of agriculture and reduce the conversion of agricultural land into other uses. GOAL 4 Establish baseline monitoring program to measure benchmarks over a ten year period. The matrix in Appendix 6 (Goals, Benchmarks, Monitoring, and Adaptive Management) establishes measurable Benchmarks to assess progress toward achieving these goals. Monitoring techniques have been included and are a necessary tool to again illustrate how the Work Plan intends to effectively measure the Benchmarks and meet the Goals throughout its MASON COUNTY,WA 86 WORK PLAN implementation. A threshold for adaptive management has also been established for most of the monitoring techniques to allow the District to evaluate how they are meeting goals and adjust for future decision making. MASON COUNTY,WA 87 WORK PLAN 19. ADAPTIVE MANAGEMENT UNDER the VSP, instituting adaptive management is a necessary part of the process; it is intended to ensure that the Work Plan can adapt to change in order to achieve the goals. Thus, it is important to create a set of strategies and monitoring techniques that can be measured in terms of success. Breaking the process down into a logical sequence of events, this section will analyze each critical area by WRIA,the amount of agriculture interface,the types of BMPs and the threshold for adaptive management.The Critical Areas Appendix provides fairly detailed information on each critical area, obviating a reiteration of that full discussion here. Therefore, the following will serve as a conspectus; demonstrating practical information of each critical area as it relates to agricultural activities in each WRIA. Additionally, a table of BMPs most frequently implemented by the Conservation District in Mason County is provided in Best Management Practices Appendix to illustrate their function and applicability. BMPs, or conservation practices, are designed to address a particular resource concern such as water quality or soil erosion. Monitoring the acreage totals can provide a certain level of information regarding the amount of land coverage retained, gained, or lost for both the agricultural activity and its associated critical area. It cannot, however,distinguish if either has been enhanced necessarily by a change in size, or the cause of the changes. The acreage or size of a critical area for some will not change and therefore won't serve as a useful monitoring tool. In fact, fish and wildlife habitat and wetlands are the only critical areas where a reduction or increase in size could be an indicator of impacts by or from agricultural activities. Critical Aquifer Recharge Areas, frequently flooded areas, and geologically hazardous areas generally do not change their size Adaptive management[is]an explicitly or their location, making protection measures experimental or "scientific"approach to geared more toward the agricultural operation managing conservation projects.It than the critical area. Of course that is not to say incorporates research into conservation that agriculture could not also have an effect on action. Specifically,it is the integration of any of those. Changes will have to be ground- design, management,and monitoring to systematically test assumptions in order to truthed to determine if they are the result of adapt and learn. conservation practices imposed by agricultural operators or by impacts of agricultural operations www.fosonline.org/what-we- either using do/what-is-am The following section looks at each critical area in terms of its functions and values, what types of data will be used to measure the Program's success, how the data will be measured, where adaptive management will be implemented, and suggested options for Best Management Practices. The tables listing BMPs for each critical area contain check marks for its applicability to critical protection and/or enhancement, and agricultural viability. MASON COUNTY,WA 88 WORK PLAN WETLANDS Functions and Values: Wetlands perform a variety of biological and hydrological functions that can be directly impacted by development. These include removing nutrients,temporarily storing flood and storm water, providing groundwater recharge, fish and wildlife habitat, recreation,education and historical and cultural significance. Table 19 Acres of Wetland Interface by WRIA Kennedy Goldsborough 28,075 613 Kitsap 7,26o 142 Skokomish-Dosewallips 13,973 488 Lower Chehalis 6,567 45 What is going to be measured—The total number of wetland acres and wetland/agricultural interface acres can be monitored with new data to indicate changes. Changes — increase or decrease — would need to be ground-truthed to determine cause of change and if it is agriculture related. Measuring the number of additional BMP/ISPs put into place post Plan approval can be an indicator of additional protection or enhancement efforts. The District is not currently able to measure water quality or quantity and have not included this as a determinant metric because of that. How will it be measured — Wetland acreage will be measured using U.S. Fish & Wildlife's National Wetlands Inventory as updated. District will download GIS data layers to compare against baseline. As to BMPs, once the Work Plan is being implemented the data spreadsheets created as part of the strategies will provide numbers and locations of agricultural operations to analyze any changes. What is the adaptive management— Biennial analysis of the data showing that wetlands or agricultural lands with wetlands are decreasing would trigger a review of conservation efforts, a site visit(if possible)to determine cause,and a refocus of outreach. MASON COUNTY,WA 89 WORK PLAN Table 20 Best Management Practices for Wetlands Waste Facility Closure ✓ ✓ ✓ Composting Facility ✓ ✓ ✓ Constructed Wetland ✓ Dike ✓ ✓ ✓ Drainage Water Management ✓ ✓ ✓ Fencing ✓ ✓ Filter Strip ✓ ✓ Prescribed Grazing ✓ ✓ ✓ Riparian Forest Buffer ✓ ✓ Structure For Water Control ✓ ✓ ✓ Access Control ✓ ✓ ✓ Watering Facility ✓ ✓ ✓ Wetland Creation ✓ ✓ Wetland Enhancement ✓ ✓ Wetland Restoration ✓ Wetland Wildlife Habitat ✓ ✓ ✓ Management CRITICAL AQUIFER RECHARGE AREAS (CARAS) Functions and Values: These areas have a critical recharging effect on aquifers used for potable water and are particularly vulnerable to contamination. Water stored in aquifers reaches the ground surface through springs, wells, or by seepage into surface water features, including wetlands. Surface waters replenish, "recharge", aquifers through seepage from streams, lakes, and wetlands, and from precipitation that percolates through soil or rock. Groundwater provides virtually all of Mason County's potable water. Table 21 Acres of CARA Interface by WRIA Kennedy Goldsborough 41,028 2077 Kitsap 4,004 245 Skokomish-Dosewallips 12,345 2033 Lower Chehalis 72,o88 753 What is going to be measured —The total number of agricultural interface acres can be monitored with new data to indicate changes. Changes—increase or decrease—would need to be ground-truthed to determine cause of change and if it is related to the operation's proximity MASON COUNTY,WA go WORK PLAN to a critical recharge area. Measuring the number of additional BMP/ISPs put into place post Plan approval can be an indicator of additional protection or enhancement efforts. How will it be measured—As previously discussed, the mapping of Critical Aquifer Recharge Areas will likely not be updated in the foreseeable future. The size and location of those within the County will remain static with no discernable tool for measuring changes. Therefore, for CARAs monitoring will occur with respect to agricultural operations and BMPs. Once the Work Plan is being implemented the data spreadsheets created as part of the strategies will provide a numbers and locations of agricultural operations to analyze any changes. What is the adaptive management — Biennial analysis of the spreadsheets showing agricultural lands in proximity to CARAs that are decreasing would trigger a review of conservation efforts,a site visit(if possible)to determine cause, and a refocus of outreach. Table zz Best Management Practices for CARAs till 5111111ralM Waste Facility Closure ✓ ✓ ✓ Composting Facility ✓ ✓ ✓ Constructed Wetland ✓ ✓ Drainage Water Management ✓ ✓ ✓ Prescribed Grazing ✓ ✓ ✓ Riparian Forest Buffer ✓ ✓ Animal Mortality Facility ✓ ✓ ✓ Brush Management ✓ ✓ ✓ Conservation Cover ✓ ✓ ✓ Conservation Crop Rotation ✓ ✓ ✓ Contour Buffer Strips ✓ ✓ Contour Farming ✓ ✓ ✓ Cover Crop ✓ ✓ ✓ Field Border ✓ ✓ ✓ MASON COUNTY,WA 91 WORK PLAN FISH AND WILDLIFE HABITAT CONSERVATION AREAS Functions and Values: Fish and wildlife provide important recreational and economic benefits such as hunting and fishing opportunities; the continued prosperity of the commercial and recreational fish and shellfish industries depends on maintenance of excellent water quality and unpolluted habitats for fish,shellfish, and their food sources. Wildlife provides educational opportunities about biological and ecological processes, and maintaining the historical, cultural,and spiritual values of Native American Tribes and the general public. The waters and shorelines of Mason County are an important resource. In addition to their natural beauty and cultural value, they provide the base for a sizable shellfish industry, aquaculture, and fish and wildlife habitat. Managed natural areas are important for fish and wildlife habitat, scenic vistas, protection of sensitive plant species,and preservation of open space. What is going to be measured —The total number of agricultural interface acres can be monitored with new data to indicate changes. Changes—increase or decrease—would need to be ground-truthed to determine cause of change and if it is agriculture related. Measuring the number of additional BMP/ISPs put into place post Plan approval can be an indicator of additional protection or enhancement efforts. How will it be measured— District will download GIS data layers to compare against baseline. As to BMPs, once the Work Plan is being implemented the data spreadsheets created as part of the strategies will provide a numbers and locations of agricultural operations to analyze any changes. Table 23 Acres of Priority Species Habitat by WRIA Kennedy Goldsborough 4,150 3.075 Kitsap 2,981 56 Skokomish-Dosewallips 27,073 559 Lower Chehalis -- -- What is the adaptive management— Biennial analysis of the data showing that agricultural lands with associated habitat areas are increasing or decreasing would trigger a review of conservation efforts, a site visit(if possible)to determine cause,and a refocus of outreach. Table 24 Best Management Practices for Fish & Wildlife Habitat Brush Management ✓ ✓ ✓ Conservation Cover ✓ ✓ ✓ Conservation Crop Rotation ✓ ✓ ✓ Field Border ✓ ✓ ✓ Pest Management ✓ ✓ ✓ MASON COUNTY,WA 92 WORK PLAN `71 F-111-Ig gig I am Pond ✓ ✓ Dike ✓ ✓ ✓ Fencing ✓ ✓ Access Control ✓ ✓ ✓ Wetland Enhancement ✓ ✓ Wetland Restoration ✓ ✓ Wetland Wildlife Habitat Management ✓ ✓ Animal Trails&Walkways ✓ ✓ ✓ Clearing &Snagging ✓ ✓ ✓ Dam ✓ ✓ ✓ Aquatic Organism Passage ✓ ✓ Hedgerow Planting ✓ ✓ ✓ Range Planting ✓ ✓ ✓ Upland Wildlife Habitat Management ✓ ✓ FREQUENTLY FLOODED AREAS Functions and Values:Frequently flooded areas are lands in the flood plain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. They include streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface.55 Alluvial soils, deposited by successive flooding of river valleys, typically have high agricultural values ... because they contain a variety and abundance of minerals necessary for plant growth not commonly found in soils which have developed in place from a single parent rock source.56 The problems associated with the increasing annual flooding were, among other things, attributed to soil erosion of bare, unprotected farm fields,and damage to crops. ss WAC 365-iqo-o3o(8) 56 Washington Department of Ecology.(1987).Skokomish River Comprehensive Flood Control Management Plan:Draft Plan (TC24.W2 C361987).Washington DC:U.S.Government Printing Office. MASON COUNTY,WA 93 WORK PLAN Table 25 Acres of Flooded Areas Interface by WRIA Kennedy Goldsborough 29,384 1319 Kitsap 8,779 161 Skokomish-Dosewallips 16,759 2o63 Lower Chehalis 6,041 18o What is going to be measured —The total number of agricultural interface acres can be monitored with new data to indicate changes. Changes—increase or decrease—would need to be ground-truthed to determine cause of change and if it is related to the operation's proximity to a flood area. Measuring the number of additional BMP/ISPs put into place post Plan approval can be an indicator of additional protection or enhancement efforts. How will it be measured—As previously discussed, an updated mapping of Frequently Flooded Areas was just completed the Federal Emergency Management Agency (FEMA) in 2o16-2017 and will likely not reoccur within the next ten years. The size and location of those areas within the County will remain relatively static with no discernable tool for measuring changes. Therefore, for frequently flooded areas monitoring will occur with respect to agricultural operations and BMPs. Once the Work Plan is being implemented the data spreadsheets created as part of the strategies will provide a numbers and locations of agricultural operations to analyze any changes. What is the adaptive management — Biennial analysis of the spreadsheets showing agricultural lands in proximity to flood areas that are decreasing would trigger a review of conservation efforts,a site visit(if possible)to determine cause, and a refocus of outreach. Table 26 Best Management Practices for Frequently Flooded Areas Dam, Diversion ✓ ✓ ✓ Dike ✓ ✓ ✓ Fencing ✓ ✓ Dam ✓ ✓ ✓ Channel Stabilization ✓ ✓ Stormwater Runoff Control ✓ ✓ ✓ Animal Mortality Facility ✓ ✓ ✓ Filter Strip ✓ ✓ GEOLOGICALLY HAZARDOUS AREAS The following sections describe monitoring and adaptive management for geologically hazardous areas as they can effectively be addressed in this Plan. Mason County has broken MASON COUNTY,WA 94 WORK PLAN down these areas into landslide hazards, seismic hazards, and erosion hazards. These types of critical areas, similar to flooded areas, are managed with respect to protection of life and property as opposed to the critical area itself. For instance, a farm located in a seismic area (which is nearly all of Mason County) will not impact it but could be impacted by it. A home, barn or similar structure built in a seismic area will need to meet engineering and design requirements for earthquakes. There are no BMPs that necessarily address that issue, and the strict adherence to the International Building Code will remain as the regulatory backstop for seismically hazardous areas. This is also true for landslide hazards areas. An agricultural activity and operation can have an impact on a landslide area, however generally in the sense that certain activities can lead to slide occurrence. Best management practices used in this instance are those that act in the prevention of a landslide event. The regulations adopted in the Resource Ordinance targeting safe and responsible action in landslide areas will remain in place as the regulatory backstop. The following sections on Seismic and Landslide Hazardous Areas will discuss each in terms of functions and values, but will not include any best management practices. As for the third category of geologically hazardous areas, erosion hazards, these are largely impacted by land disturbing activity. Erosion hazard areas defined and mapped for this Plan are generally areas with unstable soils and slopes, similar to landslide areas. However erosion can happen when activity disturbs and exposes soils making them vulnerable to erosive forces. Agricultural activities can cause these conditions, and there a number BMPs included in that section for review. ---- -- --.. --- ......._.....---— - — LANDSLIDE HAZARD AREAS Functions and Values:A landslide is a rapid down slope movement of a mass of material such as rocks, soil, or other debris. Landslide areas generally present potential dangers to public health and safety; an important measure of potential risk for landslide when development occurs is land clearing and alteration for development. Development activities can increase the risk by exposing soil through clearing, altering natural drainage patterns, excavating the "toe" of slopes, or increasing soil moisture content. Conversion of agricultural lands for development purposes not only depletes farm land, but also increases the risk of landslides. ................... ..................................---._..._-.................................._......._........_._...................................._... SEISMIC HAZARD AREAS Functions and Values: Seismic Hazard Areas are areas susceptible to ground failure, including mapped geologic faults; areas of poorly compacted artificial fill; areas with artificially steepened slopes; post-glacial stream, lake or beach sediments; river deltas; areas designated as potential Landslide Hazard Areas; bluff areas; and areas underlain by potentially liquefiable soils. They present potential dangers to public health and safety, and restricted development activities within them serves to prevent the acceleration of man-made and natural geological hazards,and to neutralize the risk to the property owner or adjacent properties. MASON COUNTY,WA 95 WORK PLAN EROSION HAZARD AREAS Functions and Values: Erosion Hazards are similar to Landslide Hazards in that they are both often created by, or aggravated by development activities such as clearing and grading. Mason County is underlain by soils which are subject to severe erosion when disturbed. The erosion process can be accelerated by development activity that exposes and disturbs soils so they are more vulnerable to erosive forces. Further, increased areas of impervious surfaces reduce the infiltration of rainfall, increase stormwater runoff, and result in even greater erosion potential. Table 27 Erosion Interface by WRIA Kennedy Goldsborough 8,265 66 Kitsap 7,o62 7 Skokomish-Dosewallips 1,598 41 Lower Chehalis 69 .04 What is going to be measured —The total number of agricultural interface acres can be monitored with new data to indicate changes. Changes—increase or decrease—would need to be ground-truthed to determine cause of change and if it is related to the operation's proximity to an erosion event. Measuring the number of additional BMP/ISPs put into place post Plan approval can be an indicator of additional protection efforts. The enhancement column of the table below has been left blank. As with geologically hazardous areas, there are protection measures to be taken to avoid causing an event, with some of these measuring having the benefit of agricultural viability. How will it be measured—As discussed in Section 4, the mapping of Erosion Hazard Areas will likely not be updated in the foreseeable future. The size and location of those within the County will remain static with no discernable tool for measuring changes. Therefore, for erosion hazards monitoring will occur with respect to agricultural operations and BMPs. Once the Work Plan is being implemented the data spreadsheets created as part of the strategies will provide a numbers and locations of agricultural operations to analyze any changes. What is the adaptive management — Biennial analysis of the spreadsheets showing agricultural lands in proximity to erosion hazard areas that are decreasing would trigger a review of conservation efforts, a site visit (if possible) to determine cause, and a refocus of outreach. MASON COUNTY,WA 96 WORK PLAN Table 28 Best Management Practices For Erosion Hazard Areas Dam ✓ ✓ Brush Management ✓ ✓ Conservation Cover ✓ ✓ Conservation Crop Rotation ✓ ✓ Field Border ✓ Pond ✓ ✓ Animal Trails&Walkways ✓ ✓ Clearing &Snagging ✓ ✓ Range Planting ✓ ✓ Prescribed Grazing ✓ ✓ Cover Crop ✓ Heavy Use Protection Area ✓ ✓ Roof Runoff Structure ✓ ✓ Water& Sediment Control Basin ✓ Cross Wind Ridges ✓ ✓ Cross Wind Trap Strips ✓ ✓ Diversion ✓ ✓ Herbaceous Wind Barriers ✓ ✓ Mulching ✓ ✓ Row Arrangement ✓ ✓ Sediment Basin ✓ ✓ Striperopping ✓ ✓ Terrace ✓ ✓ Vegetative Barrier ✓ In many instances, utilizing a BMP is not appropriate, effective or even authorized to address issues associated with a specific type of critical area. Therefore, this next section will identify those regulatory remedies that will remain in place as assurance that protection of critical areas is ultimately successful. MASON COUNTY,WA 97 WORK PLAN 20. EXISTING REGULATORY BACKSTOPS THE Mason County Code has incorporated in Title 8 (Environmental Policy) a chapter specific to resource management, including critical areas, commonly known as the Resource Ordinance. The VSP regulations as adopted under the Growth Management Acts'provide an alternative approach to protecting critical areas outside the Resource Ordinance, and afford this option only to agricultural activity. However, there are some regulations previously adopted by Mason County that would serve to further benefit the VSP process by providing a backstop to help achieve the Plan's benchmarks. MASON COUNTY CODE ........... --- _------- SECTION 8.52.140 MCC-LANDSLIDE HAZARD AREAS Earlier discussions in this document broach the safety issues surrounding both Landslide Hazard and Seismic Hazard areas. The Landslide section of the Resource Ordinance is intended to identify areas that present potential dangers to public health and safety, to prevent the acceleration of natural geological hazards, to address off-site environmental impacts, and to minimize Incorporate into tlw work plan any the risk to the property owner or adjacent property existing development regulations relied owners from development activities. The regulations upon to achieve t1w goals and adopted under this Section will remain in effect for the benchmarks for protection. overall protection of life and property. RCW 36.7okl2o(1)(h) ---------------- ---- —----._.._... ......-------- SECTION 8.52.150 MCC-SEISMIC HAZARD AREAS As with Landslide Areas,the Seismic hazard section of the Resource Ordinance is intended to identify areas that present potential dangers to public health and safety, and to prevent the acceleration of man-made and natural geological hazards, and to neutralize the risk to the property owner or adjacent properties from development activities. The regulations adopted under this Section will remain in effect forthe overall protection of life and property. 57 RCW 36.7ok7io(i)(a)As an alternative to protecting critical areas in areas used for agricultural activities through development regulations adopted under RCW 36.7oA.o6o,the legislative authority of a county may elect to protect such critical areas through the program. MASON COUNTY,WA 98 WORK PLAN _...... _._._._...--------._...--—._.....---.._...._....--- ..__......-- -----.._......... CHAPTER 14.22 MCC- FLOOD DAMAGE PREVENTION Frequently Flooded Areas in Mason County are actually regulated under the Flood Damage Prevention Ordinance, which is incorporated under the Building Code and not part of the Resource Ordinance. While there are BMPs that can effectively protect agricultural operations from potential damage and loss, the regulations that guide development of any kind in frequently flooded areas remain in place. Additionally, Chapter 86.16 RCW provides for the administration of National Flood Insurance Program regulation by local governments. _.._ ... .......---- -..._.......__.-__..._.........._........._...- CHAPTER 14.04 MCC STATE BUILDING CODES ADOPTED AND CHAPTER 14.o8 MCC BUILDING CODE AMENDMENTS Mason County operates under the International Building Code and International Residential Code, among others as required. These codes serve in a prescriptive manner that all structures be constructed appropriately for life and safety. These include codes specifically targeted for structures located in flood, landslide, and seismic hazard areas. The building codes adopted under Chapter 14 of the Mason County Code will remain in full force and effect for the protection of life and property. CHAPTER 17.01 MCC-MASON COUNTY DEVELOPMENT REGULATIONS The Development Regulations chapter of the Mason County Code guides zoning and land use for all unincorporated areas. These regulations will remain in full force and effect. _.._ ._._.._._......._....................._....._.........---.._............-- -. ._._..............._......_....._..._.....__.... __.:_..—._.__...._........................---- ........ CHAPTER 17.50 MCC-SHORELINE MASTER PROGRAM USE REGULATIONS Mason County's Shoreline Master Program (SMP) applies to all the lands and waters that are designated in WAC 173-18, WAC Endangered Species Act Of 17-4-2o and WAC 173-22 to be under the jurisdiction of the 1973 Shoreline Management Act of 1971. This Work Plan developed An Act to provide for the under the State's Voluntary Stewardship Program will not conservation of endangered replace those shoreline regulations. All regulations under the and threatened species of County's SMP still apply. fish, wildlife, and plants, and for other purposes. OTHER STATE AND FEDERAL LAWS All other applicable state and federal laws, including the U.S. =•. . Clean Water Act, the Washington Water Pollution Control Act, the U.S. Endangered Species Act, and the Washington State Environmental Policy Act remain in full force and effect. The Work Group will,to the best of their ability, provide assistance to any and all state agencies with their monitoring programs. MASON COUNTY,WA 99 WORK PLAN 21. TECHNICAL ASSISTANCE THE Work Plan must ensure that there is adequate and meaningful outreach and technical assistance to the agricultural operators and agricultural community. Providing information on the VSP to commercial and non-commercial agricultural operators is fundamental to the overall success of not only the Work Plan, but in the protection and enhancement of Mason County's critical areas. The Mason County Board of Commissioners determined that the most appropriate entity to facilitate this process would be the Mason Conservation District ("District"). This organization has an established relationship with the agricultural community and currently works with operators to suggest a variety of best management practices dependent on the individual needs as well as potential funding sources for implementation. The District also participates in a number of community events, workshops and trainings that would provide many outreach opportunities to educate the community on the VSP. The goals and benchmarks proposed in this Work Plan will remain within the scope and capabilities of the District;this will ensure that no operator would be at any disadvantage for being successful. MASON COUNTY,WA 100 WORK PLAN 22. OUTREACH STRATEGY CREATING an understanding of how the Voluntary Stewardship Program can protect important critical areas while enhancing agricultural activity is a crucial first step. The Program's success will be dependent upon the knowledge, cooperation, and trust of the people and organizations involved. The Work Group's outreach strategy will help provide knowledge and understanding to the community, create integrity and reliability, and form important relationships. Group members hope to visit landowners where they are, regardless of the kind or stage of their agricultural operation. The approach taken with each landowner will be specific to the type of critical area as well as the type of agricultural operation. Ultimately, achieving a solid level of understanding will lead to the successful implementation of this Plan. The Work Group held a special session just to brainstorm outreach ideas. As members of the agricultural community, the Group is the most logical resource when it comes to strategizing outreach techniques. The Work Group was asked a single question, "How can we get the word out to the Ag Community about VSP?" A few bulleted items were used to provoke a thought process and meaningful discussion. Initially the Facilitator broke the bullets into two categories: marketing and building awareness. Marketing strategies include printed materials, local and regional events, professional partnerships, and media. Utilizing digital communications, increasing visibility through branding with a VSP logo, and designating VSP mentors can all contribute to building awareness. During the Group's session, several ideas were presented and then organized into broader categories. These included: OUTREACH EVENTS Targeting Individual Communities — Mason County is primarily rural, with only one incorporated city. Throughout the landscape are pockets of small, informal communities with varied agricultural products and needs. Reaching out to those communities in ways that are unique to their individual situations will ensure that the VSP has a better chance of implementation. Trained "Ambassadors" - This idea would be similar to a VSP Mentor. Either a District Staff person or even a member of the Work Group could act as an expert on the Program and disseminate information as opportunities occur. Farm tours would be another avenue for an Ambassador, or Mentor, to educate citizens on methods already in practice. District Staff often make site visits for several reason providing tag-along opportunities for the VSP Coordinator to meet and educate members of the farming community. MASON COUNTY,WA 101 WORK PLAN Events — Local community fairs provide an opportunity to reach a larger number of people in a short period of time and in a single location. Events in Mason County include Tahuya Days, Old Timers Historical Fair, ` OysterFest, Hama Hama Oyster Rama, Forest Festival, and Taste of Hood Canal. The District and Work Group can partner with Chambers of -� Commerce to explore the prospects for participating in these events. Farmers Markets — Mason1. Figure 20 OysterFest 2oo6 County has three farmers markets — Shelton, Belfair and Harstine Island — selling locally grown food as well as locally made products. An Ambassador or Mentor present at these markets would reach the growers and consumers, and access a broader audience. COMMUNITY BASED MEETINGS Master Gardner Program & Small Farms—The WSU Extension Office hosts monthly meetings of the Master Gardeners of Mason County. Partnering with WSU, a District Staff person, or Group member, could distribute information on VSP to local small farmers and recreational growers participating in those meetings. Livestock Auctions — Mason County does not have an auction house for livestock or farm equipment; however, there is such a facility in Chehalis just about one hour south of Shelton. The Chehalis Livestock Market may provide for an opportunity to reach farmers who've traveled to auction events. Additionally, that Market will also travel to a farm location to conduct auctions. Mason County farmers hosting an auction on their property may allow District Staff or Work Group members to attend forthe purposes of distributing information. Taking this Show on the Road—Many of the communities in Mason County have Fire Halls and Granges that are easily accessible and often used by the surrounding residents. District Staff and Group Members could organize an open house or workshop to talk about the Program and how participation might affect them. Service Clubs/Organizations—The Shelton Kiwanis and Rotary Clubs hold monthly meetings as well as many fundraising events. A District Staff person or Work Group member could ask to attend a monthly meeting to promote the program and distribute materials. MASON COUNTY,WA 102 WORK PLAN ADVERTISING Piggyback Mailers–Whether it is a two sentence blurb, or a full page brochure, inserting VSP information into mass distributed mailers could cover a larger audience. Utility companies,the County Treasurer's Tax Statements, or even the local newspaper could serve as conduits for VSP information. Posters/Flyers–Creating handbills or posters about VSP, or announcing events where VSP will be presented, could represent a visual and somewhat permanent display of information in locations frequented by the farming community. Parades – Yes ... parades. Several organizations participate in the Mason County Christmas Parade. Some simply walk in groups with banners or flags, and others ride in cars, trucks, and wagons. The District could partner with an ag-relevant group to promote the Program, utilizing the same ride orjoin MCD PLANS FOR GOSNELL a walking group. Or, with enough momentum and CREEK RESTORATION gumption,the Program could be represented on its own with ----- --— a"float"–decorated vehicle and some enthusiastic walkers. Kitsap Sun Reader Boards – There are several shopping centers in the Aria Shepard Bull, Mason CountyLife County that digital reader boards, as well as some banks and January 4,2017 schools. It may be possible to advertise public meetings or The Mason Conservation District workshops promoting VSP on those boards. will plant native vegetation along Gosnell Creek,a tributary of the WORKING WITH AG-RELATED BUSINESSES & salmon-bearing Mill Creek,and ORGANIZATIONS build a bridge allowing for safe crossing of people and livestock Professional Partnerships – The District could explore across the creek. The bridge will opportunities to partner with local agriculture and farming eliminate a natural, wet crossing businesses including retail/wholesale seed, farm equipment and prevent sediment and animal and hardware distributors. For example, incentivized sales waste from accumulating in the on BMP related purchases would receive discounts. The creek. (Photo:Contributed photo) buyer receives needed supplies for improving viability and protection critical areas, and the seller receives more R business as more buyers are encouraged to participate. Real Estate Market – People moving into Mason County, or a' just moving into a new home in the County are generally working with a Realtor or real estate agent. New buyers 7i'. • ,y �*`` c often receive welcome gifts when they purchase property �''t that includes information on utilities, schools, public safety and local amenities. The VSP could take advantage of this tradition by inserting program materials and farmers market MASON COUNTY,WA 103 WORK PLAN coupons into the mix. This would allow the new owners to become familiar with their land,the agriculture community and their options for responsible care and cultivation. Into the Classroom — Agricultural sciences are included in many collage and primary school curriculums, as well as in school sponsored programs like 4-H. The District could approach school district staff to discuss options for promoting the Program in these types of classes. The census numbers for agricultural operators reflect a decline in younger farmers. Bringing new approaches to agricultural viability that includes environmental protection may actually encourage students to considerfarming in theirfuture. Beyond the Classroom —The University of Washington (SeaGrant) and the Washington State University (Extension) both provide programs around the responsible stewardship of land and water. Events held by both Universities could serve as a platform in which VSP information could be combined with other related educational pieces. Political Arena—Supportive local elected officials can be strong allies when it comes to making community wide changes. In some case, changing laws is necessary to provide more flexibility to farmers struggling to keep their operations viable. Reaching out to Commissioners and Councilmembers early can secure their support for future endeavors. In addition, elected officials are the ones most informed by their constituents of problems, including those in the agricultural community. They can in turn provide necessary information to the District and Work Group members on what some of the issues may be. PRINT AND BROADCAST MEDIA — INTERNET AND WEBSITES Live From Shelton—As one of Washington most rural counties, Mason County has one official newspaper that is published once a week, and one radio station. The radio station, unfortunately for the County's youth, is all talk. However, this station provides talking opportunities to its citizens everyday ... especially those who have something good to share. The Daybreak morning show on KMAS iFiberOne News Radio features representatives from various sects of the community being interviewed live on the radio AND on by video from their website. One or two Work Group members and/or District Staff can arrange to be interviewed on the radio to get information out to the station's listeners. In the Funny Papers — As mentioned above, Mason County as well as its single incorporated city, has one official newspaper that comes out once a week—Shelton-Mason County Journal. The District could approach the paper about running an ad or article featuring the program. Ads could be run to announce meeting dates and locations, or events that feature the Program. An article illustrating the Programs origin and its plotted course through agricultural community would provide written documentation for reference,and increase media coverage. Website— Having an accessible and current website of information will be crucial in a world of real time everything. People want ... need ...to know what is up to date and relevant to them. The Web is society's "go-to" for just about any piece of information, and this rural County's VSP should be no exception. The District can provide a link from its home page, or generate a MASON COUNTY,WA 104 WORK PLAN new address just for VSP. The website should be easy to remember and even easier to navigate. It should provide information important to the farmer or operator using it, including an email address for questions, links to forms that can be filled in on line, project funding sources, and clear examples of what the Program is intended to accomplish. It should minimize the use of acronyms and bureaucratic jibberjabber. No matter how spectacular the Program is, if people are discouraged by an unfriendly or overly burdensome website, their journey will end and so will the Program. The District may consider a professional web designer to create a site that reads well, is informative and not intimidating, and provides a logical flow of information. Like Us — Social media is also a powerful tool. Using outlets such of Facebook or Twitter to display finished projects and success stories, and announce events and tours will help keep the Program in the foreground. People "liking" the site and following it on their own pages will make it visible to others. Information will spread from a "nonpoint source"and reach a larger audience. What's Trending — YouTube videos have become a popular outlet for entertainment and information. The VSP can take advantage of this trend by giving the Program a "face", so to speak. Creating videos that showcase types of available BMPs, how they work, what they look like on the ground, and successful implementation on local farms gives the Program tangibility. Farmers and agricultural operators not familiar with the BMPS discussed in this Work Plan may be unsure or even intimidated by the practice and not fully understand its benefits. Showing a simple, and short, demonstration video might help clarify the practice and increase interest. Videos of success stories involving real farms and real people in this County will also inspire awareness and participation. One person hosting all of the videos might even generate a local celebrity. Agency Links — The County's VSP and Work Plan website could be linked with other agency and organizations that play a roll or have an interest in both critical areas and sustainable farming. District Staff can approach various representatives to determine the possibility and appropriateness of such links. BUILDING AWARENESS THROUGH BRANDING Slogans and Logos—The Voluntary Stewardship Program is a mouthful, to say the least, and not entirely descriptive of what it's about. The acronym, VSP, is even less helpful. Since the Program is designed to reach the agricultural community and motivate them into making changes for critical areas or for farms, or both, its needs a promotion that speaks to them. Many successful businesses have slogans, logos and names that are easy to remember and immediately recognizable to the community or the general public. The VSP needs to have something unique and relatable to first draw attention, and second to become a familiar reference associated with the Work Plan's goals and implementation. MASON COUNTY,WA 105 WORK PLAN SITE VISITS Educating all District Staff on at least the basics of the Program allows them to offer possible assistance on site visits that may be initially unrelated. Agricultural operators often seek advice from District Staff without having any knowledge of critical areas that may be located on or adjacent to their property. Once detected by a non-regulatory agency (which is a PLUS) then the property owner can learn about some options for both critical area protection and agricultural viability. CIVIC ORGANIZATIONS District Staff are members of various civic and community organizations in the course of general business that can provide regular opportunities to inform not only agricultural operators but people who may know some. Materials on the Program can be made available, as well as a District speakers bureau describing the program, its benefits, and participation pathways. BOARDS AND COMMISSIONS Mason County has a variety of elected and appointed citizen groups that address community issues and concerns. An informal presentation to these groups will also help disseminate information to either an agricultural operator, or someone who knows one. e, MATERIALS The District can prepare simple, straightforward materials that provide information about the VSP in an understandable and ' helpful format. Certain aspects of VSP can be confusing and ® ! ; bogged down with legal references; reaching out with r .J''9. �60Lb information that is void of bureaucratic terminology and complicated formulas will be the most effective. Agricultural operators need information that is clear and relevant to their needs and desires. Materials created must be sensitive to this in order to be effectively understood, or even read beyond the first sentence. +"'� •."r.; SCHOOLS Working with schools to educate children about their natural environment is something that the District is regularly involved with. Realizing curriculum are set by the state to a specific set of guidelines, there may be other ways to integrate farming and agricultural events or workshops to engage the County's future work force. One of the items addressed by the Work Figure 21 Shelton Farmers Market MASON COUNTY,WA zo6 WORK PLAN Group during the SWOTSprocess was a noticeable lack of interest and engagement by youth in agriculture as a profession. Reaching children at earlier ages might motivate even a few to continue their education with an emphasis on farming and agriculture. LANDOWNER MEETINGS Members of the farming community may have casual meetings to discuss issues of particular importance to operators with similar production needs or products. If permitted, District Staff could use some of these informal meetings to broach the topic of VSP and provide assistance onjoining the program or taking advantage of other opportunities for District assistance. LOCAL BUSINESSES/GOVERNMENT OFFICES Materials can be distributed at local retailers of hardware, farm supplies, and other small businesses patronized by the community. Government offices are also a place where citizen often go not necessarily out of want, but out of need. Offices of the Mason County Treasurer, Auditor, and Assessor are centrally located in downtown Shelton with a single shared lobby. Community members visit these offices daily and materials may be made available to them in places noticeable while waiting. The Auditor's office is of special importance as this office implements Open Space Program that acts as a tax incentive program for agricultural property. VOLUNTARY STEWARDSHIP OVERVIEW AND INDIVIDUAL PLAN CHECKLIST Creating individual stewardship plans for landowners interested in participation in the Program is core to its overall success. The Plans are designed around a site's specific critical area with recommended conservation practices for protection and enhancement of that area, as well as promoting agricultural viability. The Individual Plan Checklist was created to provide an easy to complete set of questions that would help the District discover opportunities for Program implementation through landowners' voluntarily provided information. The checklist guides the landowners through a series of questions that determine which watershed the property is located in, what types of critical areas may be on or near the property, and which conversation practices have been implemented in the or which they are interested in implementing in the future. The District can use this information to update monitoring tables, and to make contact with interested parties. The checklist can also be completed and sent in completely on line from the District's website. 58 Strengths,Weaknesses,Opportunities,and Threats MASON COUNTY,WA 107 WORK PLAN Additionally,the first portion of the checklist provides a scaled down overview of the Program, and can be used and distributed independent of the checklist. This came from a suggestion from the Work Group that a short and easily digestible version of the Plan be put together as a ready-to-go hand out. Considering the amount of bureaucratic lingo contained in the Plan, this was a great suggestion and the Overview document was created. The Overview and Individual Plan Checklist is attached in Appendix g. OUTREACH PRIORITIZATION AND SCHEDULE The Work Group met on January 23, 2018 to prioritize the outreach efforts described above. Through a collaborative effort by the Group members, the suggested ideas were individually documented on large reading cards and displayed randomly on an exhibition board. Members then wrote down their top three choices for year one and then beyond. The group was also asked to "sign up" to assist with some of the events. The ideas were grouped by consensus, and the results are reflected in the table below: Table 29 First Year Outreach Efforts Trained Ambassadors Larry Boltz,Ag Producer/Stakeholder Myrn Stewart,Ag Producer/Stakeholder Posters/Flyers Seth Elsen,The Salmon Center Laurie Hager,Ag Producer/Stakeholder Building Awareness through Branding Allan Borden, Resident/Stakeholder Laurie Hager,Ag Producer/Stakeholder Seth Elsen,The Salmon Center Civic Organizations ... no takers yet Master Gardeners&Small Farms Allan Borden, Resident/Stakeholder Targeting Individual Communities Bill Short,Ag Producer/Stakeholder Myrn Stewart,Ag Producer/Stakeholder Laurie Hager,Ag Producer/Stakeholder Allan Borden, Resident/Stakeholder Agency Links Allan Borden, Resident/Stakeholder Seth Elsen,The Salmon Center Website Seth Elsen,The Salmon Center Laurie Hager,Ag Producer/Stakeholder Social Media Seth Elsen,The Salmon Center Laurie Hager,Ag Producer/Stakeholder Individual Plan Checklist District Staff Volunteers as Available The items chosen for the first year are those the Group determined to be foundational to future outreach efforts. Establishing a recognizable name and making community connections MASON COUNTY,WA 108 WORK PLAN will be a necessary first step in securing the program's future success. The next list includes items the Group intends to target for the second year, and years to follow. After the Program has received some degree of recognition and standing as a result of the first year's outreach, the next series of events and opportunities should prove to be more productive. N> Board & Commissions Service Clubs/Organizations �> Landowner Meetings Farmers Markets P> Schools s> Livestock Auctions g> Materials Parades Local Businesses/Government Piggyback Mailers Offices Events i> Live from Shelton(Radio) Professional Partnerships P> Political Arena What's Trending Site Visits �o> Into the Classroom In the Funny Papers(print media) Beyond the Classroom Taking the Show on the Road Real Estate Market Reader Boards MASON COUNTY,WA log WORK PLAN APPENDIX 1 CRITICAL AREAS CRITICAL AREAS CRITICAL Areas are established and regulated under WAC 36S-3.qo-o3o (Washington Department of Commerce) and RCW 36.7oA.ow (Growth Management Act). Accordingly, jurisdictions planning under the Growth Management Act (GMA) must designate critical areas and adopt regulations protecting them. The following describes how all five critical areas are defined by both the State and Mason County. 'Critical areas' include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas, (d)frequently flooded areas, and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or compan y.59 - ...__....._.._....... ..-- ---...._..--- ------- -.-......... . - WETLANDS As defined by State code,wetlands are �.�, Decker Creek ...areas that are inundated or saturated by -� sur face water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and r� similar areas.60 In wetlands, the soil is at least periodically d. saturated or covered with water.b'These water y 4' conditions support special kinds of plants called �� ;r.qtr=. }�''R •. hydrophytes (Greek for water loving"). Soils that ,, •.�, have been saturated for a sufficient length of time A _ t 59 RCW 36.7oA.o-Ao(s) ra RCW 36.7oA.030(21) Si RCW 36.7oko30(21) MASON COUNTY,WA 111 WORK PLAN hold certain properties and are referred to as hydric soils. An area must exhibit all three of the following characteristics in order to be classified a wetland: (1) inundation or saturation of the soil by water, (i)the presence of wetland plants (hydrophytes), and (3) the presence of hydric soils. Wetlands are classified by a rating system set forth in the Washington State Wetland Rating System for Western Washington. A four-tier wetlands rating system has been adopted as the rating system for Mason County. Wetland buffer widths, wetland activities, and replacement ratios are based on this rating system. These four categories include: WETLANDS CLASSIFICATION 62 1) Category I Wetlands. Category I wetlands contain documented habitat for threatened or endangered plant, animal, or fish species recognized by federal or state agencies; or documented Natural Heritage 711etland sites or high duality native wetland communities which qualify as Natural Heritage wetland sites; or documented habitat of regional (Pacific Coast) or national significance for migratory birds; or regionally rare wetland communities; or wetlands with irreplaceable ecological functions; or documented wetlands of local significance. 2) Category If Wetlands. Category II wetlands contain documented habitat recognized by federal and state agencies for sensitive plant, animal, or fish species; or documented priority habitats and species recognized by state agencies; or wetlands with significant functions which may not be adequately replicated through creation or restoration; or wetlands with significant habitat value;or documented wetlands of local significance. 3) Category III Wetlands. Category III wetlands are classed as category III when they satis y no category I,II, or IV criteria. 4) Category IV Wetlands. Category IV wetlands are less than one acre in size and hydrologically isolated and comprised of one vegetated class that is dominated(more than eighty percent areal cover) lnj one species front the list in Table 21 (WAC 173-183- 710(d)(ii)); or are less than two acres and hydrologically isolated with one vegetative class and more than ninety percent of the areal cover is any combination of species. (WAC 173-183-710(d)(ii)) 61 WAC 173-183-710 MASON COUNTY,WA 112 WORK PLAN The Wetlands and WRIAs Map indicates all of the known wetlands in Mason County according to the 2o3.3. National Wetlands Inventory; there are nearly 55,000 acres. Most of these areas are associated with larger freshwater and saltwater systems. The alteration or destruction of wetlands can eliminate or reduce a variety of biological and hydrological functions that wetlands perform. Direct impacts may result from the clearing, grading or filling of land prior to new development. Of equal important are the indirect impacts from new development, which may alter surface water flows, or interrupt the infiltration of groundwater. New development may increase volumes of sediment-laden runoff entering wetlands. This may inhibit the wetlands' natural capacity to remove nutrients and process chemical and organic wastes. In addition, increased sedimentation within wetlands may reduce their ability to temporarily store flood waters and increase the risk and magnitude of downstream impacts. Wetlands may also often provide groundwater recharge. Development activities in areas near or hydrologically connected to wetlands in recharge areas could interrupt infiltration to the groundwater system. MASON COUNTY,WA 113 WORK PLAN Figure zz Wetlands Map MASON COUNTY M National Wetlands Inventory Legend Wetlands Waterbodies •_ Mason County 4 -.•'� � Parcels i Mason CountyWRIAs. Date:11/32017 s r . Xr rt, r/�j•'sr.� .`�3' �. /�7 t 'S�`,, i l Mason Conservation �; '��= " '-. V^ District ;..:.'�/ `� . o z a e mules Source: US Fish and Wildlife, National Wetlands Inventory ..................................--............... .................................---....-.................__...._...._......_.......--..............-_..............-........ ..........................-- --—- ...................... CRITICAL AQUIFER RECHARGE AREAS Groundwater exists in underground layers of porous rock or soil called aquifers. Water stored in aquifers reaches the ground surface through springs,wells, or by seepage into surface water features, including wetlands. Surface waters replenish, "recharge", aquifers through seepage from streams, lakes, and wetlands, and from precipitation that percolates through soil or rock. Areas with a critical recharging effect on aquifers used for potable water, also called Critical Aquifer Recharge Areas or CARAs, include areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.63 The Critical Aquifer Recharge Areas exist throughout Mason County and are mapped on Figure 23. Potable water means water suitable for drinking. Groundwater provides virtually all of Mason County's potable water. Protecting aquifers and aquifer recharge areas,therefore, is critical to maintaining Mason County's water supply. The groundwater supplying most of the County's water is obtained from the aquifers running through the coarser and more permeable glacial and fluvial sedimentary deposits. The older, undifferentiated sedimentary deposits provide large quantities of water for industrial and municipal wells. Bedrock forms the bottom of the groundwater layer although fractures and joints in the relatively impermeable rocks may yield small quantities of water. Precipitation provides the primary source of recharge for Mason --- County's groundwater. Precipitation within .._i the County averages 64 inches annually. It increases rapidly towards the Olympic Mountains where, at Lake Cushman, precipitation is in excess of zoo inches per year. Water levels in wells are typically within 125 feet of the land surface. The quality of �:;��_., groundwater in an aquifer is inextricably linked to its recharge area. Approximately 24,97o acres have been mapped as Critical Aquifer Recharge Areas in Mason County. Urban development has two potential impacts on groundwater resources: 1) increases in impervious surfaces reduce the volume of precipitation available to recharge groundwater,and 63 WAC46r,-igo-o-4oN) MASON COUNTY,WA 115 WORK PLAN 2) may introduce pollutants into the groundwater system. When groundwater recharge is reduced, groundwater supplies may be depleted. In many instances, this is coupled with withdrawals of groundwater in excess of recharge capacity. Potential long-term impacts include reduced capacity of water wells, reduced flows in groundwater-fed streams, and depletion of water supplies to lakes or wetlands. Pollutants can be introduced into the groundwater system through a variety of means. They include failing septic systems, agricultural chemicals and animal waste, urban runoff, solid waste disposal, and leaking underground storage tanks. MASON COUNTY,WA 116 WORK PLAN Figure 23 Critical Aquifer Recharge Areas Map MASON COUNTY 411 Critical Aquifer Recharge Areas a Legend , r Mason County WRIAs Crifical Aquifer Recharge Areas r Waterbodies Mason County Parcels Date:11/312017 ..n,_ de � i. !_OWN- -0 S •0 Mason �ciy77 n u Ir niav'� 51 . Conservation District + %l •1�3` " ..,st+vex 0 2 4 Smiles 1 I I Source: Mason County Department of Public Works, GIS Division FISH AND WILDLIFE HABITAT CONSERVATION AREAS Preservation of fish and wildlife habitat is critical to y protecting suitable environments for animal } a► = = species, and in providing '� t i•�:,. '" ► an important part of they local quality of life for •: ' County residents and visitors. Fish and wildlife also provide important ; recreational and economic t benefits such as hunting and fishing opportunities. The continued prosperity of the commercial andnRRY CREEK recreational fish and �. shellfish industries depends on maintenance of excellent water quality and unpolluted habitats for fish, shellfish, and theirfood sources. Fish and wildlife habitat also provide significant social benefits. Mason County residents are accustomed to occasional encounters with wildlife such as bald eagles, great blue heron and elk. Wildlife provides the opportunity to educate the public about biological and ecological processes. Other less quantifiable benefits include wildlife viewing, and maintaining the historical, cultural, and spiritual values of Native American Tribes and the general public. The Mason County Resource Ordinance guides management of the County's fish and wildlife habitat through the regulation of conservation areas. Fish and Wildlife Habitat Conservation Areas include both aquatic and terrestrial areas within the County. The approximate location and extent of critical fish and wildlife habitat areas are displayed in the Washington Department of Fish & Wildlife's(WDFW) Priority Habitat and Species(PHS) Program database. The following categories are used in classifying these critical areas: (z) Commercial and recreational shellfish areas; (z) Kelp and eelgrass beds; herring, sand lance, and smelt spawning areas; (3) Naturally occurring lakes and ponds under zo acres and their submerged aquatic beds that provide fish or wildlife habitat; (4) Streams; (5) Saltwater shorelines, and Lakes zo acres and greater in surface area; MASON COUNTY,WA 118 WORK PLAN (6) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; (7) State Department of Natural Resources natural area preserves and natural resource conservation areas; (8) Areas with which federal or state endangered, threatened and sensitive species of fish and wildlife have a primary association. Those species known to be found in Mason County shall be listed in the Resource Ordinance. Protection of species habitats is determined by the state or federal listing, and their actual presence near the site subject to review. Other listed and protected species may be found in Mason County, which are not listed. (9) Other areas that contain habitats and species of local importance (which include juvenile salmonid migration areas) as also listed. Species of local importance may include, but are not limited to, state candidate and monitor species. AQUATIC AREAS I Mason County includes three principal river systems and numerous lakes, small rivers, and streams. The Skokomish and Hamma Hamma Rivers are swiftly flowing, deeply incised rivers that originate high in the Olympic Mountains and empty into Hood Canal. Cranberry Lake The east and middle forks of the Satsop River originate in the Olympic Mountains, converge at the southwestern corner of the county, and flow southward into the Chehalis River. All of the eastern part of the County is drained by smaller streams which flow only short distances before reaching outlets to Puget Sound. Many of the small streams support significant fisheries that include anadromous fish. Other surface waters are made up of numerous lakes and wetland areas, some of which include Cushman, Mason, Nahwatzel, Lost, Isabella, Island, Cranberry, Limerick and Spencer Lakes. MASON COUNTY,WA 119 WORK PLAN The waters and shorelines of Mason County are an important resource. In addition to their natural beauty and cultural value, they provide the base for a sizable shellfish industry, aquaculture,fish and wildlife habitat.Water systems are typed by the Washington Department of Natural Resources and the following table provides a general description of water type classifications currently in use.6` Table 30 Water Typing System Type"S"= Streams and waterbodies that are designated "shorelines of the state"as defined Shoreline in chapter 90.58.030 RCW. (formerly type 1) Type "F" = Streams and zvaterbodies that are known to be used by fish, or meet the physical Fish criteria to be potentially used by fish. Fish streams may or may not have flowing water all year; they may be perennial or seasonal. (formerly type 2 or 3) Type"Np"= Streams that have flozv year round and may have spatially intermittent dry Non-Fish reaches downstream of perennial flow. Type Np streams do not meet the physical criteria of a Type F stream. This also includes streams that have been proven not to contain fish using methods described in Forest Practices Board Manual Section 13. (formerly type 4) Type"Ns"= Streams that do not have surface flow during at least some portion of the year, Non-Fish and do not meet the physical criteria of a Type F stream. (formerly type 5) Seasonal TERRESTRIAL AREAS All development activities have the potential to impact native plant and r animal species. Terrestrial Management Areas are those areas where the presence of state endangered or state threatened terrestrial species have been identified. The Mason County Resource Ordinance specifies that all development in these areas shall bef consistent with State and Federal law. 000 There are also a number of publicly �` i ---- i 64 WAC 222-16-010 i' i i MASON COUNTY,WA 120 WORK PLAN and privately managed natural areas in Mason County that have been designated as preserves or refuges. These areas are important for fish and wildlife habitat, scenic vistas, protection of sensitive plant species, and preservation of open space. In Mason County, there are nearly 200,000 acres of habitat.The Priority Species Habitat is mapped in Figure 24. MASON COUNTY,WA 121 WORK PLAN Figure 24WDFW Priority Species Habitat N MASON COUNTY WDFW Priority Species , 1 Habitat Areas J _ L Legend - Waterbodles Priority Species HabQat Mason County , Parcels ` Mason County WRIAs Date:11/3/2017 Mason �r Conservation District ��, ' 7J 0 2 4 B Miles Source: Washington Department of Fish& Wildlife ___....._..... ----------- .-.___..... ....---....._... ......--...... ..._.... —_ _............... .....__.....--- --- FREQUENTLYFLOODED AREAS Frequently flooded areas are lands in the flood plain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface.6s In Mason County they include areas identified as potential or historic flood areas in the Department of Ecology's Coastal Zone Atlas Skokomish Estuary or areas identified as"Zone A" flood areas on the National Flood Insurance Program Flood Insurance Rate Maps. Areas in the County meeting these descriptions are mapped in Figure 25, i Frequently Flooded Areas. I, Flooding in Mason County - generally occurs from e November through April. The greatest cause of flooding is heavy rainfall combined with snow melt. The Mason County Flood Insurance Study lists four areas as most susceptible to flooding. Those areas include the t Skokomish, Tahuya and vases Union Rivers, and Goldsborough Creek. The { Skokomish River Valley floods several times t annually. Many homes, - 65 WAC 36S-igo-o3o(8) MASON COUNTY,WA 123 WORK PLAN pastures and personal property were damaged over the years as well as lesser damage on a more frequent basis. Flooding on the Tahuya River and Goldsborough Creek has been known to cause some damage, whereas the Union River tends to have high flows, but minimal overbank flooding. Flooding of marine shorelines is caused by a number of factors, which can occur individually or in combination. They include extreme high tides, waves generated by winds, tsunamis of distant origin, and locally generated seismic waves or boils. Wind-driven waves, superimposed on extreme high tides, represent the most common form of coastal flooding. Mason County protects frequently flooded areas by concentrating urban development on the least amount of land, considers the suitability of the land for development through the use of performance standards, and provides for significant open space and resource use areas in development within the Rural Area. MASON COUNTY,WA 124 WORK PLAN Figure 25 Frequently Flooded Areas Map MASON COUNTY N Frequently Flooded Areas M- E S a Legend + 7►` Mason County WRIAs � f� I mcluently Flooded Areas 7 Waterbodles Mason County '+ Parcels � Date;11/312017 _> 4' ILI Mason Conservation District 02 4 8 Miles L Source: Mason County Department of Public Works, GIS Division GEOLOGICALLY HAZARDOUS AREAS Geologically hazardous areas are susceptible to erosion, sliding, earthquake, or other geological events, making them unsuitable for the siting of commercial, residential, or industrial development consistent with public health or safety concern S.66 In many cases, hazards can be reduced or mitigated by engineering, design or modified construction practices. Mason County's Resource Ordinance identifies three types of Geologic Hazard Areas: i) Landslide Hazard Areas; 2) Seismic Hazard Areas; and 3) Erosion Hazard Areas. Landslide Hazard Areas are lands that have an increased potential for landslides and other earth movement. Seismic Hazard Areas are lands that are particularly susceptible to damage from earthquakes and other seismic activity. Lastly, Erosion Hazard Areas are lands that are more susceptible to excessive erosion. LANDSLIDE HAZARD I A landslide is a rapid down slope movement of a mass of material such as rocks, soil, or other debris. The speed and distance of movement, as well as the amount of material, vary greatly and depend on a combination of geologic, topographic and hydrologic factors. Especially susceptible to landslide hazards are marine bluffs and unconsolidated glacial deposits on steep hillsides(greater than 40%). The risk of landslide occurrence depends on a number of factors including soil vulnerability, slope, and the degree of water saturation. Development activities can increase the risk by exposing soil through clearing, altering natural •P La hai lol Along Hood Can I .w. . r i . .. f .:i 66 RCW 36.7okow(a) MASON COUNTY,WA 126 WORK PLAN drainage patterns, excavating the "toe" of slopes, or increasing soil moisture content. An important measure of potential risk for landslide when development occurs is land clearing and alteration for development. Conversion of agricultural lands not only depletes farm land, but also increases the risk of landslides. Potential impacts to Mason County can be assessed based on the relative amount of land converted to urban uses during the 20-year planning under each of the alternatives. Landslide Hazard Areas are mapped in Figure 26. MASON COUNTY,WA 127 WORK PLAN Figure 26 Landslide Hazard Areas Map MASON COUNTY M Landslide Hazards Areas y e .I/A ' t It j ai nd �fY S eg Mason County WRIAa Landslide Hazards Area Waterbodies 7 J Masan County f' If Parcels l Date: 1113!2017 ,{ 1 1 , i t , Ts � r�i� x. ' �:�r•. J *� � � ']] �. ��w�-.t i�L•SPP•`t`( •�' I Mason Conservation District 0 2 4 8 Mlles Source: Mason County Department of Public Works, GIS Division SEISMIC HAZARD I Seismic Hazards occur in areas subject to severe risk of earthquake damage as a result of seismic induced settlement or soil liquefaction. These areas include soils containing high organic content (e.g., wetland soils), areas of loose sand and gravel, artificial fills, landslide deposits, and fine-grained soils with high water tables. Seismic Hazard Areas are areas susceptible to ground failure, including mapped geologic faults; areas of poorly compacted artificial fill; areas with artificially steepened slopes; post-glacial stream, lake or beach sediments; river deltas; areas designated as potential Landslide Hazard Areas; bluff areas; and areas underlain by potentially liquefiable soils. Mapped Seismic Hazard Areas (Figure 27) cover the majority of the County. The northwest portion of the County is Olympic National Forest which is presumably also susceptable to seismic activity however parcel data for that area is not available for inclusion on this map. Earthquake Aftermath HwY302 Yi♦� R'r; L a� { Janine Morris,right,and her daughter,Erin,12,explored a section of Highway 302 near Victor in North Mason County that was closed for repair after the 6.8-magnitude Nisquatly earthquake struck in February 2001.(Steve Zugschwerdt I Kitsap Sun file photo) Seismic hazard area development standards focus on effects to buildings and other facilities from intense ground shaking and/or liquefaction. Attention to seismically induced landslides could also cause structural damage to buildings, particularly on steeper slopes and shoreline bluffs. In addition, the critical area regulations do not allow significant public buildings in seismic hazard areas; and the future land use plan directs most growth away from these areas. MASON COUNTY,WA 129 WORK PLAN Figure 27 Seismic Hazard Areas Map MASON COUNTY Seismic Hazard Areas 7 Legend Mason County WRIAs Waterbodies Seismic Hazard Areas Parcels Mason c(xinty Date_11/312017 Mason Conservation District D 2 4 Mies ies Source: Mason County Department of Public Works, GIS Division EROSION HAZARD I Erosion is a natural process in which the land surface is worn away by the action of water, wind, ice or other geologic processes. The most common cause of erosion is water falling or flowing across the land. Factors contributing to erosion hazard are soil type and slope. Mason County is underlain by soils which are subject to severe erosion when disturbed. Such soils include, but are not limited to,those for which the potential for erosion is identified in the Soil Survey of Mason County, USDA Soil Conservation Service, 196o, or any subsequent revisions or addition to this source. Erosion hazards generally occur on erosive soils where slopes exceed 15%. The erosion process can be accelerated by development activity that exposes and disturbs soils so they are more vulnerable to erosive forces. Further, increased areas of impervious surfaces reduce the infiltration of rainfall, increase stormwater runoff, and result in even greater erosion potential. Increased runoff, erosion, and sedimentation may adversely affect the physical and biological characteristics of streams and other water resources. Erosion Hazards are similar to Landslide Hazards in that they are both often created by, or aggravated by development activities such as clearing and grading. The comprehensive plan controls the hazards through the critical areas regulations and by concentrating development in suitable areas. Erosion Hazard Areas as mapped in Figure 28. �r *moi IL X. MASON COUNTY,WA 131 WORK PLAN Figure 28 Erosion Hazard Areas Map MASON COUNTY Erosion Hazard Areas • r „ted _ Erosion Hazards Areas Mason County WRIAs a� < Waterbodles ✓ jf Mason County Panels Date:11!312017 ' IA/ Mason Conservation District ' l 0 2 4 8 Miles Source: Mason County Department of Public Works, GIS Division APPENDIX 2 EXISTING PLANS i I EXISTING PLANS TO leverage existing resources and avoid redundancy with ongoing watershed planning efforts,the Work Group performed a review of existing water quality,watershed management, farmland protection, and species recovery plans, consistent with the requirements of RCW 36.7oA.72o(l.)(a).These plans identify major watershed-scale issues related to natural resource functions; factors contributing to the degradation of those functions; and strategies recommended improving those functions and/or preventing their further degradation. Shellfish Protection Districts: When a shellfish growing area is downgraded, RCW go.72.04r, requires the county legislative authority to create a shellfish protection district and establish a shellfish protection program.6' In Mason County, several districts have been established as a result of this rule including Oakland Bay, Annas Bay, Big Bend, and McLane Cove Shellfish Protection Districts. The following describes portions of these districts' management plans as they pertain to agriculture,and its interface within the areas. ANNAS BAY CLOSURE RESPONSE STRATEGY, APRIL 2007. The Annas Bay Shellfish Protection District encompasses approximately l.go developed parcels with 30 of those along shorelines. The district contains one small animal feeding operation (<6o animals) adjacent to the Skokomish River, and several hobby farms. It is bordered on the west by Highway sol.and runs south from Potlatch State Park to Brockdale Road; it then follows the ridgeline north to Union. At Union, the district lies adjacent to the Lower Hood Canal Shellfish Protection District,which extends on both sides of the canal to Belfair. 67 RCW ao.7z.ort5 Shellfish protection districts—Programs required after closure or downgrading of growing area classification—Annual report.The county legislative authority shall create a shellfish protection district and establish a shellfish protection program developed under RCW go.72.0io or an equivalent program to address the causes or suspected causes of pollution within one hundred eighty days after the department of health,because of water quality degradation due to ongoing nonpoint sources of pollution has closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries ofthe county.The county legislative authority shall initiate implementation ofthe shellfish protection program within sixty days after it is established. MASON COUNTY,WA 134 WORK PLAN Figure zg Annas Bay Shellfish Protection District Map Figure 2 Map of Annas Bay Shellfish Protection District N ti w �' H h'p S 40 10 q Nq c s,aw / � i'o1l�tch C Feet / State Park VON Skgfcumish Indian Annas Bay Rr.smsilion 101 Milo- � ori• � ( 4� �\ I"rd%C utoQ Rd j Legend C3%lid11i it I h ttrd Grm ing Arta% CLASS t..,.(c,• HrD Mate Rd -Ian,l,.•rh.d Source:Annas Bay Closure Response Strategy Annas Bay was downgraded by the Washington Department of Ecology in 2005 due to high levels of fecal coliform bacteria from non-point sources. Fecal coliform are bacteria found in the feces of warm-blooded animals and can be used to detect the potential presence of disease-causing organisms in water. Failing septic systems, livestock, pet waste, human recreational activities, and wildlife (including seals) are potential sources of fecal coliform MASON COUNTY,WA 135 WORK PLAN bacteria in the watershed. This triggered the creation of a shellfish protection district and a protection program. Pollution sources of concern include farm animal waste, pet waste, wildlife waste, and human sources. Improper livestock manure handling and storage can contribute to fecal coliform pollution. In addition, livestock in the vicinity have access to riparian areas and surface waters which can transport waste to shellfish beds. Strategies outlined in the Plan included monthly and bi-monthly water sampling, sanitary surveys of on-site sewage septic systems, dye tests, and livestock inventories. Pollution control options for agricultural sources include development and implementation of farm plans that protect water quality and technical and cost-share assistance to help landowners implement best management practices including riparian fencing, waste storage structures, tree planting, erosion control and gutters, downspouts and outlets. The Plan also had a public outreach and education component to provide the community with information and resources as well as oyster meat sampling, interactive field trips for local schools, and workshops. The Annas Bay Strategy included nearly all the components of the VSP Work Plan making it a potential resource for historical data. The groundwork put in place for protecting water quality aligns with the goals of VSP and relationships cultivated during that process could at some point be further built upon. The Work Group could reach out periodically to Mason County Public Health for new opportunities; however most of the activities associated with the Plan were complete in 2007. BIG BEND SHELLFISH PROTECTION DISTRICT, APRIL 2017. In September 2015, Washington Department of Health downgraded 17 acres of shellfish growing beds from Approved to Conditionally Approved in the Big Bend Area of Hood Canal. This area is largely developed along the marine shoreline and relatively undeveloped in the uplands. As a Conditionally Approved area, 5-day closures in Big Bend are triggered with rainfall of 0.75 in or greater within 24 hours. Additionally two sections within the area, H and I (pink and green respectively in the map below),are seasonally closed from May-September due to point source pollution from the nearby marina. MASON COUNTY,WA 136 WORK PLAN Figure 31 Big Bend Shellfish Protection District Map I 1 q J 30) �r f =i1 _ •4 3 309 !� 2 3t 1 Legend 09 veno SPO 0"Vwv i i w0oa 9aeepe suam i tic 0" Mf.ab H r tic Mi+ 1 Rl+eams �%�• Source: Big Bend Shellfish Protection District Plan With the establishment of the Big Bend Shellfish Protection District (SPD) in February 2oi6, Mason County Public Health in collaboration with other local agencies developed a plan to identify, investigate and monitor fecal contamination from adjacent shoreline and upland runoff affecting Big Bend to work towards an "approved" status for this area. At this time,the MASON COUNTY,WA 137 WORK PLAN SPD is meeting water quality standards. However Big Bend is considered a high risk area so reclassification cannot occur until on the ground monitoring, investigation and capacity building have occurred. The lower tolerance for risk exists for this area due to a high presence of older shoreline on-site systems, general water quality trends in Hood Canal and stormwater management. The activities associated with this Plan's Work Plan Matrix were been completed in 2o3.6 and no new information is known to be available for use in the VSP. MCLANE COVE SHELLFISH PROTECTION DISTRICT, MAY 2os6. McLane Cove is a small embayment at the northeast end of Pickering Passage. Pickering Passage is located in the South Puget Sound region and extends from Case Inlet in the North to Peale and Squaxin Figure 32 McLane Cove Shellfish Protection District McLane Cove Shellfish Protection District t r � J 1 I x � � a Source: McLane Cove Shellfish Protection District Plan Passages and Hammersley Inlet at the southern end. One of the perennial streams has been named McLane Creek in previous Department of Health reports and has been variously categorized within the reports as seasonal or perennial. The area has traditionally supported MASON COUNTY,WA 138 WORK PLAN clams and oysters harvest. The drainage area of these streams has been used to define the McLane Cove Clean Water District. In 199o, a Shoreline Sanitary Survey found potential sources of untreated fecal pollution entering McLane Cove from farm animals. By 1996, re-evaluation of McLane Cove found that agricultural practices had been improved. However, this area continues to fail National Shellfish Sanitation Program (NSSP) water quality standards for Approved classification. Strategies for improvement included in the Plan's immediate goals are to reduce water pollution, meet state and federal water quality standards for commercial shellfish, and ensure that water quality standards are maintained. This would be accomplished by a variety of measures including identifying agriculture sites and providing corrective assistance, if needed. It is unclear from this Plan what measures are currently being taken to address potential farm related pollution. However, again working with the Health Department to access previously observed contaminated sites and existing water quality information could produce more outreach options. OAKLAND BAY ACTION PLAN, AUGUST 2007. Oakland Bay is a small, relatively broad and shallow estuary approximately four miles long and 3/4 of a mile wide with water depths averaging 10-35 feet. (Figure 33) A large area of the foreshore is exposed to air at low tides. This inter-tidal zone is predominately mud flats with narrow deeper channels. Due to the restrictive nature of Hammersley Inlet, the long narrow waterway linking the bay to the Puget Sound Basin, the water in Oakland Bay has high refluxing, low flushing and high retention rates. There are nine major creeks: Deer, Cranberry, Campbell, Johns, Uncle John, Malaney, Shelton, Mill and Goldsborough. The drainages of these creeks, together with the shoreline drainage have been used to define the Oakland Bay Action Plan Focus Area. Development on the shoreline and upland areas of Oakland Bay has been gradually expanding over the years. Most development in the area. is residential with some industry and commercial activity, especially along the west and south sides of the bay. In most of the area on-site sewage systems treat residential waste. The Shelton Wastewater Treatment Plant serves all residences and commercial establishments within its service area along the south end of the bay. In 2007 there were about 102 agricultural activities with potential to impact the growing area are located in the watershed.68 68 Berbells,S.2003.200-4 Shoreline Survey of the Oakland Bay Shellfish Growing Area.Department of Health.Olympia,WA. MASON COUNTY,WA 139 WORK PLAN At the time of the plan, Oakland Bay water quality research and improvement efforts typically showed non-point sources of pollution to include on-site sewage systems, storm water, livestock, pets, and wildlife. Similar to McLane Cove, the Plan's primary goals were to reduce Figure 33 Oakland Bay Ma —"\ Lifm LMeileF� f• Derr L� —� �Cran6evy Lr tr ! "� LI � ff,~ �S 1'RrNiDrnv GNs Li I a t ; — l!r-i OA NO BAY r k Ti0 OAr G�P.i fY L. J Clgrof_Shelto F thdo.Tvhr ZoA. � ' k Ffto AV '� .� �•�i � �"'- _ _ NtJRERSLEYlNLET I � y`_ tir 8719ft Source:gis.co.mason.wa.us water pollution, meet state and federal water quality standards, and ensure that water quality improvements are maintained. However, unlike McLane Cove,the Oakland Bay plan had more detailed strategies described to meet that goal. Most of Oakland Bay's pollution problems over the years have been sourced back to sewage and sewer impacts since 1955. At that time, the evaluation of potential impacts from livestock had been included as a nonpoint pollution source for fecal coliform bacteria. The Departments of Ecology and Agriculture were to participate in water quality complaints to determine if agricultural practices are in fact impactful. Strategies for improvement included organized agency involvement and accountability, monitoring and performance measures, and overall changes at the policy and MASON COUNTY,WA 140 WORK PLAN permitting levels. Correcting water contamination from agricultural sources would involve providing technical help to agricultural landowners, requiring conservation plans or environmental permits for new agricultural buildings, and the County's response to water quality complaints that involve land use in critical areas. Similar to the Annas Bay Strategy, the Plan for Oakland Bay closely aligns with the VSP goals. In 2007 Mason County formed the Oakland Bay Clean Water District and appointed an Advisory Committee. This Committee continues to hold meetings facilitated by the Mason County Health Department. The Work Group and the District should become involved to a reasonable extent in this Committee's activities and agenda, and share resources to further the VSP goals. Watershed Planning Act. Washington State legislature passed the Watershed Planning Act (Chapter c)o.82 RCW)69 in 1998. This legislation established a process for preparing watershed plans for 62 Water Resource Inventory Areas (WRIAs), which roughly correspond with physiographic boundaries of drainage basins in Washington." Under this new Planning Act, funding would be made available, to the extent appropriated by the Legislature, to conduct the planning and implementation of a Watershed Plan. Mason County received such funding in the form of a planning grant from the Washington Department of Ecology for WRIA 14 and 16 planning efforts. IMPLEMENTATION PLAN. (1) Within one year of accepting fitnding under RCW 90.82.040(2)(e), the planning knit must complete a detailed implementation plan. Submittal of a detailed implementation plan to the department is a condition of receiving grants for the second and all subsequent years of the phase four grant. (2) Each implementation plan must contain strategies to provide sufficient mater for: (a) Production agriculture, (b) commercial, industrial, and residential use; and (c) instreanc flows. Each implementation plan must contain timelines to achieve these strategies and interim milestones to measure progress. (3) The implementation plan must clearly define coordination and oversight responsibilities, any needed interlocal agreements, rules, or ordinances, any needed state or local 69 RCW 9o.8z.oio Finding.The legislature finds that the local development of watershed plans for managing water resources and for protecting existing water rights is vital to both state and local interests.The local development of these plans serves vital local interests by placing it in the hands of people:Who have the greatest knowledge of both the resources and the aspirations of those who live and work in the watershed;and who have the greatest stake in the proper,long-term management of the resources.The development of such plans serves the state's vital interests by ensuring that the state's water resources are used wisely,by protecting existing water rights,by protecting instream flows for fish,and by providing for the economic well-being of the state's citizenry and communities.Therefore,the legislature believes it necessary for units of local government throughout the state to engage in the orderly development of these watershed plans. '°RCW ao.8z.04.4 MASON COUNTY,WA 141 WORK PLAN administrative approvals and permits that ntust be secured; and specific funding mechanisms. (4) In developing the implementation plan, the planning itnit must consult with other entities planning in the watershed management area and identify and seek to elintinate any activities or policies that are duplicative or inconsistent.71 WRIA 14 WATERSHED MANAGEMENT DRAFT PLAN, FEBRUARY 2oo6j (Kennedy– Goldsborough Watershed). WRIA 14 is divided into five sub-basins—Case Inlet, Goldsborough, Kennedy, Skookum, and South Shore. This Draft Plan was complete in 2oo6 however the Planning Group was unable to reach consensus and it was ultimately not approved. The map in Figure 34 WRIA 14 Kennedy-Goldsboro ugh Creeks Map This map iaustMts come el the/scbra that will be considered when evaluating wow Aght pumit appllcadoes In WRIA U. AN locatwns displayed on this map should Ka+ao Oe considered Idmete. i G aDDro t .. ;i li L—4. ,{j. IlarLu, too r�t�• In + �' • � lxoma G-ir"e� eea+en. RIA 14 1 it of g' WRIA 14 Kenned -Goldsborou h Creeks Y 9 Water Availabildy RuM atstus N iNM Phone N •,�f�7.'�T j' ' ` �aKO—Y, llnt: .l W N rm fbwr,Ml, � Grga .,e,.,. .. _... /` c,..m.�-•rade 1.k Lleart l\ -Mre+t AtwkmWbt f. ttat.eer kr B' st++.rr Y,elelol, �, f_� _ .�•' - j_ii? Olympias A • r EEOIOGT Source: Washington Department of Ecology "RCW go.82.043 MASON COUNTY,WA 142 WORK PLAN Figure 34 shows the original boundaries of WRIA and was included in the Draft Plan. In 2oo8, however the WRIA was divided into two parts—WRIA 14a and b. WRIA 14b is now included in WRIA 16 for Planning purposes. Figure 35 shows the portion of WRIA 14 that is now considered 14b in blue cross hatch. It contains that portion of Kennedy-Goldsborough that drains into the southern portion of the lower Hood Canal. Figure 35 WRIA Map with sob _.. -R1oH HEAD O mpic National Park ELCOH 5-4IRCASE P11117HER d TIGER LAK COLONY SURF SKcK—h-0osaw P LILLH:;AUP LAKE WOO,EN LAKE CUSHVI',N CEV.A-0 HAVEN LAKE Olympic National Forest BELFAIR HOOCSPOR7 _ VAGUE LAKE 9 ' ALLYN PQ-L::-CH 'AHUYA. TKANOH FALLS UNION -`- ALOERBROOK --• KA5011 LAKE SKOKOV1;II•d:\LLE1 GRAPEVIEV; LAKE LIL`ERICK SPENCER LAKE 6'•^.LOCI. NAHWA-ZEL LAKE ¢ BAYSHORE CAYTON HARSTIHE ISLAND Kan rough WARY I:KNIGHT SHELTON SHORECRES- TIL'BERLAKES . ��-- ARCADIA 57AP,LAME L0 S-LAX E 1rFAWN LAKE 1 TAYLOR TOWN LAKE AR,R.I.EAC "/(W Daachubs KAL7LCHE 'H+.FER PAF.K Source:gis.co.mason.wa.us Like other parts of south Puget Sound,WRIA 14 features an extensive network of streams that issue from springs, wetlands, small lakes, and surface water drainages. These streams empty MASON COUNTY,WA 143 WORK PLAN into shallow bays and inlets. Principal drainages include Cranberry, Goldsborough, Kennedy, Mill, Sherwood, Johns, Deer, and Skookum Creeks. Despite its abundance of creeks, WRIA 14 has no major rivers. The quality of water in many of WRIA 14's streams, lakes, and nearshore areas has been degraded in the past. Five marine areas, including parts of Oakland Bay and Hammersley Inlet, have been on the Department of Ecology's 3o3(d)72list of impaired waters because of fecal coliform bacteria levels and/or stream temperatures. Likewise, 14 creeks in WRIA 14 have in the past been included on the 303(d) list for fecal coliform, temperature, dissolved oxygen, and/or pH. WRIA 14 is also home to many shellfish species, and water quantity and quality issues can have profound implications for fish and shellfish habitat. The limiting factors analysis conducted for MIA 14 indicates that salmonid habitat has been degraded by land use practices associated with forest management, removal of large woody debris (LVND), development, and agriculture.73 Other issues include culvert problems, nearshore habitat and riparian degradation, loss of channel complexity, and high sedimentation levels.74 The statute requires that watershed planning be a three-pronged comprehensive strategy toward improvement, with production agriculture being just one of those prongs. RCW go.82.o43(21) The scope of planning must include water quantity elements as provided in RCW ocL 82.o7o, and may include water quality elements as contained in RCW go.82.oao, habitat elements as contained in RCW go.82.10o, and instream flow elements as contained in RCW go.82.o80. Each of these was addressed in the WRIA 14 Plan with specific reference to the impacts of agricultural activity on fish and shellfish habitat. The draft plan did concede, however, that the data was insufficient to draw conclusions as to overall water quality and quantity, and that a comprehensive water-resource monitoring program would be needed. Recommendations from the Plan included education and smart management of "leaving" water (storm water, sewage water, construction site water, residentially used water, irrigation water, agriculture water, etc.) and "staying" water (conservation, low impact development, re-use, minimal water use, native vegetation, etc.) Without the necessary data to suggest a nexus between high levels of fecal coliform that may "Water Quality Assessment and 303(d)List.The federal Clean Water Act,adopted in 1972,requires that all states restore their waters to be"fishable and swimmable."Washington's Water Quality Assessment lists the water quality status for water bodies in the state.This assessment meets the federal requirements for an integrated report under Sections 303(d)and 3o5(b)of the Clean Water Act. www.ecy.wa.gov/12rograms/wq/3ogd 73Kuttel,M.2002.Salmonid Habitat Limiting Factors Water Resource Inventory Area 14,Kennedy-Goldsborough Basin,Final Report—November 2002.Olympia,WA:Washington State Conservation Commission. 74 WRIA 14 Watershed Management Plan,Kennedy–Goldsborough Watershed,Final Draft/February 20o6 MASON COUNTY,WA 144 WORK PLAN be found in this watershed and agricultural activities, and considering the primary objective of these state mandated plans is water "quantity", there is a minimal amount of identifiable action in this plan for agricultural and critical area interface. The planning efforts in WRIA 14a have not continued since that draft Plan; and the recommendations provide a fairly universal approach to protection that can be incorporated in VSP for activity in that WRIA. This planning effort does not provide useful platform from which the VSP Work Plan can build. WRIA 16 WATERSHED MANAGEMENT PLAN, MAY 2oo6l (Skokomish-Dosewallips Watershed, including 2.4b) The Skokomish-Dosewallips watershed is located on the eastern Figure.36 WRIA 16 Skokomish-Dosewallips Map 1 ( 1 � �*� OONwaIN 1 ` 0b.4►,! 1 r Duckabash i P \ "aroma Mamma d I ikOkomii� Y L faNahGAStfQre `4 F-'� OOy[na�10re IWRIA 141 Source: Watershed Management Plan, WRIA 16 MASON COUNTY,WA 145 WORK PLAN slope of the Olympic Peninsula, along the western and southern shores of Hood Canal. WRIA 16 includes several rivers and streams that flow from headwaters in the Olympic Mountains down to Hood Canal. The largest rivers in the watershed are the Skokomish, Dosewallips, Hamma Hamma, and Duckabush Rivers. The southern shore of Hood Canal, between Union and the western outskirts of Belfair, is also considered in this plan. Although technically part of the neighboring Kennedy-Goldsborough watershed (WRIA 14b), Hood Canal's southern shore was considered here through agreement with the WRIA 14 Planning Unit to help consolidate planning for Hood Canal and the nearshore environment. Five sub-basins are officially part of WRIA 16, and the sixth, the South Shore sub-basin, is officially part of WRIA 14. The six sub-basins are the Dosewallips River, Duckabush River, Hamma Hamma River, Finch/Lilliwaup Creeks, Skokomish River (including the North Fork, South Fork,and mainstem);and South Shore. WRIA 16's streams and nearshore environment provide habitat for fish, shellfish, and other aquatic animals and organisms. Agricultural activities and development can channelize mainstems and tributaries, drain beaver ponds, and threaten or destroy forested riparian zones. Development and agricultural activities in the watershed have, in some cases, disconnected floodplains from side channel habitats, removed large woody debris, reduced channel complexity and instream structure, removed riparian vegetation, caused sediment accumulation in channels, and decreased streambed and streambank stability throughout the watershed. Removal of large woody debris has reduced habitat quality in many streams in WRIA 16. Floodplain connectivity,channel complexity,and riparian conditions have all been degraded by development. Riparian areas have been developed for residential or agricultural use, thereby removing vegetation that helped control runoff and sedimentation, shaded streams and helped keep stream temperatures cool, provided a source of large woody debris, provided habitat for terrestrial animals, and naturally protected streambanks from erosion. The WRIA 16 Plan recommends that those farms in or adjacent to critical areas of the WRIA have a current farm plan. Farm plans should consider seasonal restrictions on animal pastures to protect streams and floodplains from manure. It also recommends that local conservation districts seek funding to 1) prepare farm plans, z) provide financial assistance to help landowners implement agricultural best management-practices, and 3) evaluate how effectively the farm plans and best management practices are being implemented. As written, the WRIA 16 Plan reads as a precursor to VSP and as such fully supports the Program's goals. The Plan's recommendations can be mirrored as a countywide strategy of best management practices targeted toward real problems areas. Having an established foundation of needs can facilitate the Work Plan's focus and future monitoring. However, the Plan has no schedule of activities and no established funding source to implement any of the recommendations made within it. This Plan does offer interest strategies for watershed planning, however would not provide a foundation from which VSP could build. MASON COUNTY,WA 146 WORK PLAN HOOD CANAL INTEGRATED WATERSHED PLAN, MAY 2014 IThe Hood Canal Coordinating Council (HCCC) partnered with a diverse array of organizations, agencies, and individuals to initiate the development of The Hood Canal Integrated Watershed Plan (IWP). The IWP was intended to be a comprehensive strategic framework for advancing a shared regional vision by integrating the full range of existing and future natural resource management efforts across all relevant jurisdictions. The scope of this document was scaled down from its original intent to something more feasible. The 2014 IWP was intended to (a) establish five-year strategic priorities for the HCCC to implement and guide regional actions towards the Vision and (b) establish a framework for accountability of strategy implementation, identification of strategic gaps,and continuous evaluation and adaptive management. The overall vision of the IWP is "humans benefit from and coexist sustainably with a healthy Hood Canal". Achieving that vision is focused on a sub-set of focal components, pressures, and strategies. There are five local components: shellfish, commercial shellfish harvesting,forests, forestry, and salmon, and the primary pressures impacting them are development, transportation corridors, climate change and ocean acidification, and wastewater discharges and stormwater runoff. The plan outlines a series of strategies to address these pressures and how to improve or reduce their impacts on the focal components over a period of several months to several years. The strategies,targeting the HCCC as well as other regional entities, include changes to policies and regulations; ecological restoration, remediation, or enhancement efforts; and outreach, education and communication. The IWP is a five-year plan with goals for annual monitoring reports and website interaction. Some commonalities exist between this Plan �°"°'^�N and the VSP goals, and yccc 8 Hood Canal Coordinating Council building a relationship with this group would be overall beneficial. However, placing a large emphasis on the strategies within this plan will likely not boost Mason County VSP efforts. HOOD CANAL COORDINATING COUNCIL'S HOOD CANAL REGIONAL POLLUTION IDENTIFICATION AND CORRECTION, ANIMAL WASTE POLLUTION SOURCE IDENTIFICATION STRATEGY, MARCH 2014 1 Agricultural animals, livestock, pets and wildlife are all valuable economic or recreational resources in Washington State. Agriculture is a cornerstone of Washington State's economy, and Mason County has an annual market value of more than $40,000,000 in crops and livestock sales. There were approximately 377 farms in the County in 2012 with livestock sales representing 94% of the total market value. This means that there were approximately 5,000 cattle, hogs, sheep, and poultry covering approximately 24,000 acres of farmland in Mason County and generating hundreds of thousands of pounds of animal waste. Animal fecal waste is a public health risk as it can contain pathogenic bacteria and viruses that cause human diseases. Livestock and agricultural waste pathogens include Campylobacter spp., Cryptosporidium parvum, Listeria spp., Salmonella spp., and Escherichia MASON COUNTY,WA 147 WORK PLAN coli. Water Pollution and Pathogens Fecal pollution of surface waters is caused by human and animal waste discharged or leaked to the ground or surface waters. During rain events,flowing surface water picks up pollutants like fecal waste, and quickly transports them to streams, bays, beaches and lakes. Animal waste in the Hood Canal Action Area is primarily a non-point pollutant because it comes from many sources instead of a single point source. Non-point pollution is best addressed through effective public education and outreach that increases awareness about Puget Sound pollution and motivates residents to adopt new behaviors that prevent pollution from entering surface and stormwater. Washington State has been clear that agricultural activity AND water quality are both state priorities. This agricultural waste strategy is being developed to respond to this clear and compelling state guidance. Portions of that strategy include, • The Puget Sound Partnership's on-line resource center has a section on reducing pollution from human and animal waste that includes runoff from farms with livestock. • The Washington Conservation Commission is working with local conservation districts to complete hundreds of conservation plans and install practices to prevent pollution. • WSU Extension's website has a link to Livestock Management and Water Quality, a publication that provides livestock owners and managers with techniques to address water quality problems. They are developing a unique Small Farms Program to address Mason County food and farm issues. The program focuses on teaching and implementing site—specific, best available science approaches that builds a vibrant and sustainable agriculture industry that is integrated with natural resource conservation efforts. • Conservation districts encourage landowners to incorporate best management practices (BMPs) that increase farm productivity and protect water quality. They provide free technical assistance to agricultural landowners, supporting farmers as they implement practices to protect water quality. Services include site visits,farm planning, manure management guidance, and designing small-scale to engineered waste storage and compost structures. When possible, cost-share funds are provided to assist landowners to implement eligible manure management practices; and assist livestock owners with appropriate, site-and watershed-specific livestock management strategies through farm planning, technical assistance and facilitating available BMP cost-share implementation opportunities to prevent pathogen and nutrient pollution from manure and mud runoff. Successful education and outreach programs prevent pollution by developing approaches that result in measurable adoption of specific behaviors. The social marketing process uses marketing principles and techniques to influence public behaviors and has been used effectively to protect and improve Puget Sound water quality. MASON COUNTY,WA 148 WORK PLAN The HCCC's Strategy is a clear framework that supports the VSP efforts toward water quality and pollution prevention with respect to animal waste. This aligns with BMPs currently promoted and practiced by the District for waste management, and the strategies run parallel to those incorporated into the Work Plan. Working with the HCCC will further improve the overall success of the Program through a consolidation of outreach efforts. Mason County,WA 149 WORK PLAN APPENDIX 3 SWOT ANALYSIS Mason County,WA 150 WORK PLAN 1 SWOT ANALYSIS EARLY in the process the Work Group did a SWOT75 analysis exercise. This exercise looks at those factors within and outside of the County that impact the future viability of agriculture and reduce the conversion of farmland to other uses. Individual group members completed a four-part worksheet and provided the following responses to each category: STRENGTHS M thln our county WEAKNESSES within our county that could enhance the future that might hinder the future viability of agriculture viability of agriculture OPPORTUNITES from outside our THREATS from outside our county that could enhance the county that might hinder the future ddability of agriculture future viability of agriculture y ---------.. _.. - ----------_..... --- --- --...--- STRENGTHS • Ag science classes being taught in school • Moving Mason Forward program to have a collective and collaborative impact on making a healthy environment • Local markets are strong for local produced goods—location dependent • State and local elected officials who are pro-agriculture • Mason Conservation District and WSU Extension Office provide a robust series of programs with highly qualified and educated staff for technical assistance • Affordable land costs • Workforce development programs 75 SWOT analysis is an initialism for Strengths,Weaknesses,Opportunities,and Threats—and is a structured planning method that evaluates those four elements of a project or business venture.A SWOT analysis can be carried out for a product,place, industry,or person.Source:Wikipedia)wiki>SWOT—analysis Mason County,WA 3.51 WORK PLAN • HOPE—school and community gardens • Hood Canal Salmon Enhancement Group is an excellent resource • Strong community; sense of family • Good professionals available --------- —---------____................. -........---.. WEAKNESSES • No livestock/cattle auction • No processing or cold storage facilities • Youth culture is disinterested in,or disengaged from,farming activities • No focus on early education; employing youth raises safety concerns and employer liabilities • Transportation costs of operation • Non-agricultural political influences • No staffing capacity • Lack of local support—fairs, 4-H,etc. • Lack of financing and working capital; assistance not available due to financial constraints • There is no integration of common interests between agriculture and aquiculture • Topography • Amount of publically owned land • Lack of nurseries, lack of marketing ---- --._.._....._.._..---............................. _.................._....... -- - -........_........-.........--------................_._..._._...--- OPPORTUNITIES • Technology; improved communications • Create a dialogue of common interests between agriculture and aquiculture • Demand in the aquaculture market • Pacific Mountain Private Industry Council—programs for employment in Mason County • HOPE Gardens • USDA Food and Nutrition programs to assemble wellness programs; Farm to Table, Farm to School • Collaborate with Enterprise for Equity, making connections • Utilize educational institutions—create internships for students to work on farms • South Sound Food System Network —assist in attracting processors, people interested in sustainability • Farm to Table • Economic Development Council Strategic Plan for Agro-Tourism • Multi-purpose/-use lands Mason County,WA 152 WORK PLAN THREATS • State legislature's reductions on small farm tax exemptions • Climate change • Aging operators—losing people to work or take over farms • Increase in number of restrictions for the transportation of livestock • Water allocation and availability issues • Non-Agricultural political influence—Waters of the United States Mason County,WA 153 WORK PLAN APPENDIX 4 REGULATORY CONTEXT Mason County,WA 154 WORK PLAN REGULATORY CONTEXT THE VSP does not "limit the authority of a state agency, local government, or landowner to carry out its obligations under any other federal, state, or local lazy." (RCW 36.7oA.702(5)) Outside of the Critical Areas Ordinance, all applicable local development regulations (for example, County's Buildings and Construction Code)still apply. As with local regulations,all state and federal regulations still apply under the VSP. Indeed, one objective of the VSP is to "improve compliance with other laws designed to protect water duality and fish habitat." (RCW 36.7oA.700(2)(f)) Voluntary enhancements under the VSP can also support agricultural viability by reducing regulatory risks and increasing regulatory certainty for agricultural operators. Mason County enrolled the entirety of the unincorporated areas in the VSP in 2012. So long as the County participates in the VSP, regulatory requirements under the County's Critical Areas Section of the Resource Management Ordinance (Chapter 8.52 MCC'6) will not apply to "agricultural activities." Participation in the VSP is defined as developing and implementing an approved work plan that protects critical areas and maintains agricultural viability under the timeline established by the state. The Growth Management Act(GMA) (RCW 36.7oA) refers to the Shoreline Management Act(RCW go.1;8)forthe definition of"agricultural activities". —_--._.............—V __ ._-......._.............................._.............................._._................._..._..................----.-._._...-.........---.._..... ------.... CRITICAL AREAS ORDINANCE The VSP applies only where critical areas and agricultural activities overlap in unincorporated areas of the County. Critical areas are defined under the GMA and include fish and wildlife habitat conservation areas, wetlands, frequently flooded areas, geologically hazardous areas (landslide, seismic, and erosion hazards), and areas with a critical recharging effect on aquifers used for potable water(critical aquifer recharge areas). The approach to developing and implementing the VSP differs from the regulatory approach to protecting critical areas under the Resource Ordinance. Key differences between the Resource Ordinance and VSP are highlighted below: j6 Mason County Code Mason County,WA 155 WORK PLAN Table 31 Differences between VSP and Resource Ordinance Approach Protective regulatory provisions, Voluntary participation in individual such as buffers,and enforcement stewardship plans Protection Preserve the functions and values of Prevent the degradation of functions Standard the natural environment, or and values existing as of July 22, 2011 safeguard the public from hazards (RCW 36.7oA.7o3L ) to health and safety(WAC 365-1_q& 3) Scale Site-by-Site Basis Collective,watershed basis Monitoring None required Monitoring required demonstrating that objective benchmarks of critical area protection are met. Progress reports are submitted every five years to demonstrate progress. Adaptive Periodic updates to the Resource Adaptive management required if Management Ordinance are required based on measurable benchmarks are not met best available science Responsible Mason County VSP Watershed Work Group and Party(ies) Washington Conservation Commission Other Continue to Apply Continue to Apply County, State, and Federal Regulations Although the critical areas provisions do not apply under the VSP, the remaining sections of the Resource Ordinance and Agricultural Resource Lands Chapter (Section 8.52.o61 MCC) continue to apply. Section 8.52.o61 MCC, Agricultural Resource Lands, designates Mason County Agricultural Resource Lands Agricultural Lands of Long-Term Commercial Significance and Open Space Agricultural Property. These lands may not be converted to non-agricultural uses. The zoning ordinance (Chapter 17.o3 MCC) provisions establish required building setbacks for lands adjacent to designated agricultural lands. These setbacks are intended to prevent potential constraints on agricultural practices imposed by adjacent incompatible uses. These provisions continue to apply. Mason County,WA 156 WORK PLAN ---------.............__.............--------— _._..._........................._.........---........... -- SHORELINE MASTER PROGRAM The Mason County Shoreline Master Program (SMP) has jurisdiction over shorelines of the state as defined therein. Within that jurisdiction (at minimum, within zoo feet of the ordinary high water mark of"shorelines of the state"), both the local county SMP and VSP will apply. SMP regulations do not change with a VSP, and apply the same as before. A local VSP work plan does not replace the shoreline regulations of an SMP. VSP work plans identify voluntary practices to promote existing agricultural activities while protecting critical areas, as an alternative to a regulatory approach. All existing regulations, including SMPs and water quality regulations(e.g. Clean Water Act), still apply. Voluntary measures to improve existing and ongoing farm practices are welcome, whether they apply to land-based agriculture or aquaculture. However, under the Shoreline Management Act, aquaculture is not agriculture, and there are specific regulations and permit requirements that will continue to apply". 77 WAC 173-26-241(3)(b) Mason County,WA 3-57 WORK PLAN APPENDIX 5 FARMS AND CROPS Mason County,WA 158 WORK PLAN FARMS, CROPS AND AGRICULTURAL ACTIVITY THE National Agricultural Statistics Service (NASS)of the United States Department of Agriculture(USDA) publishes the Census of Agriculture every five years. It is the only source of uniform, comprehensive agricultural data for every State and county or county equivalent. Census of agriculture data are routinely used by farnt organizations, businesses, State departments of agriculture, elected representatives and legislative bodies at all levels of government, public and private sector analysts, the news media, and colleges and universities.7$ FARMS ^� The census provides a snapshot view of agriculture as 7*7t " reported by farms and ranches throughout the United ._ X ° _ : States, and here in Mason County. The definition of a 0 farm is where the road divides, so to speak, in this analysis. The census information is based on farms as N, defined bvqky the USDA. "The census definition of a farm is any lace •om which $1,000 or more o agricultural " : .., � }j •, products We produced and sold, or normally would p p T have been sold, during the census year."" This is quite different from how the County gathers data on agriculture, and why the analysis will vary. The census data on farms will provide specifics on a farm and farm operator level, while the agricultural lands information from the County will be less defined and categorized more broadly. The farm data collected for this baseline evaluation is from the 2012 Census of Agriculture, with comparisons to the 2007. The reason for the additional information is to show trends as well as the current condition. The County covers approximately 614,056 acres, depending on the source of the information. Utilizing the USDA's Census, of that total just under 4% of those acres are farms. Close to the same percentage as the 2007 data no matter which total land acreage you calculate from. j8 USDA NASS,2012 Census of Agriculture,Ag Census Web Maps. 79 USDA NASS 2012 Census of Agriculture,Introduction. Mason County,WA 159 WORK PLAN Table 32 Total Farm as Percent Total Land, 2007-2012 Conservation Farm Land Land Area -acres 614,056 615,017 0% describes the number of farms Land Area - Farm acres 23,743 25,185 -6% that have land enrolled in Percent of Acreage as Farms 3.9% 4.1% -5% Conservation Reserve, Wetlands Conservation Lands- Farms 3 6 -50% Reserve, Farmable Wetlands or Conservation Lands-Acres 137 86 59% Conservation Reserve Enhancement Programs. There are 5o%fewer farms in 2012 with conservation land than there were in 2007, however,there is nearly 60%more acres enrolled in conservation programs. At first blush the next table shows a decline in almost every farm category. However, a closer look at the first two items—farms and farm acres— indicates that while there are 20%fewer farms in Mason County in 2012 than in 2007, the acreage only decreased by 6%. This could imply that there may be fewer farms, but the size of those farms have increased or that many farms in 2007 that did not stay farms in 2012 were smaller in acreage having less impact on the overall decrease in total farm acres. What the above table ultimately reveals is that farms between 10 and Soo acres—mid size farms—have drastically disappeared while the very small and the very large farms have survived and even increased in numbers. Table 33 Number of Farm by Acreage, 2007-203.2 The market value of farm products Farms 377 471 -20% sold over the past several years falls Farm Acres 23,743 25,185 -6% in line with the decreasing statistics Average Farm Acreage 63 53 19% of agriculture across the board so far. Farms i to 9 acres 159 149 7% The USDA classifies farms by gross Farms 10 to 49 acres 157 227 -310/( sales, and from that we can look at Farms 50 to 179 acres 45 70 -36% another way to visualize farming in Farms 18o to 499 acres 9 �9 -53% Mason County. Small family farms Farms Soo to 999 acres 4 4 0% are those defined as having gross annual sales less than $250,000. In Farms 1,000 acres or more 3 2 50% 2012, 361 out of 377 farms were classified as small; this is 96% of all farms in Mason County. Of the remaining, only 13 farms grossed more than $500,00o annually. This is an 18% increase in larger commercial family a°%0=percent delta or percent"change in" Mason County,WA 16o WORK PLAN farms since 2007, and a 23% increase in sales. The only other notable increase was in farms with annual gross sales of between $20,000 and $25,000, and between $1oo,000 and $250.000. There is no immediately apparent explanation for this limited improvement. Table 34 Number of Farms by Market Value, 2007-2012 Less Than $1,000 144 177 -19% Value Of Sales $27,000 $28,000 -4% $11000 - $2,499 54 70 -23% Value Of Sales $89,000 $115,000 -23% $2,500 -$4,999 47 55 -150/0 Value Of Sales $16q,000 $196,000 -14% $5,000-$9,999 39 52 -25% Value Of Sales $264,000 $356,000 -26% $101000 - $19,999 26 34 -24% Value Of Sales $337,000 $462,000 -27% $201000- $24,999 12 8 50% Value Of Sales $264,000 $176,000 50% $25,000- $39,999 9 13 -31% Value Of Sales $28o,000 $4o6,000 -31% $40,000 - $49,999 3 12 -75% Value Of Sales $130,000 $525,000 -75% $50,000 - $99,999 10 15 -33% Value Of Sales $693,000 $944,000 -270/0 $1001000 -$249,999 17 i5 13% Value Of Sales $2,803,000 $2,144,000 31% $2501000 - $499,999 3 9 -67% Value Of Sales $1,o81,000 $3,369,000 -68% $5oo,000 Or More 13 11 18% Value Of Sales $34,665,000 $28,243,000 23% Croplands and Livestock/Poultry Farms are a subset of farms in the Census and more narrowly defined. Total croplands-harvested or not-have declined as well since 2007 at similar rates ei USDA NASS,2012 Census of Agriculture,2022 Census Volume z,Chapter 2:County Level Data. r Mason County,WA 161 WORK PLAN to farms in general. Livestock also shows a decline with the exception of poultry which appears to be holding steady if not slightly increasing. Table 35 Crops and Livestock Numbers and Values, 2007-2012 Another interesting Croplands- Farms 18o — 233 -23%_ notation of these Livestock: Cattle, Hogs, 144 208 -31% farm statistics, Sheep - Farms similar to that of Livestock: Poultry- Farms 3.03. 99 2% overall farm Market Value - Crops $2,513,000 $1,6o6,000 56% increase in farm Market Value - Livestock, $38296000 $35357000 8% size, is that while Poultry, etc. , , � � the number of Market Value of Products- farms in Mason Total $4o,8og,000 $36,963,000 10% County is shrinking, the profits are growing. There has been an increase of 1o% in total market value of agricultural products between 2007 and 2012. Table 36 Farm Operators 2007, 2012 Panning in a different farm direction, the Farm Operators 635 794 -20% census data also looks at Farm Operator's Primary Occupation 153 165 _700 patterns in farm Farm Operator's Not Primary Occupation 224 3o6 -27% operators and <_2 Years on Present Farm 14 18 -22% operations. In 2012 there 3-4 Years on Present Farm 17 40 -58% were 635 farm operators 5-9 Years on Present Farm 70 88 -20% in the County for 377 >_ :Lo Years on Present Farm 276 3�5 -15% farms. Most farms have one (178) or two (159) Average Years on Present Farm 18.2 18.1 1% operators; there were Under 25 Years of Age 4 0 400% four farms that actually 25-34 Years of Age 25 12 1o8% had five or more 35-44 Years of Age 24 61 -61% operators. 45-54 Years of Age 61 143 -57% The number of farm 55-59 Years of Age 52 86 _40% operators has decreased 60-64 Years of Age 67 49 3700 from 794 in 2007. This 65-69 Years of Age 8o 46 74% . follows suit with the _._... ----..--- -_._._____.__.__m___.._____ __._..__ >_70 Years of Age 64 74 -14% decrease in farms almost Average Age 58.9 56.8 4%__ exactly—20%. The same Internet Access 300 325 -8% distribution of farms to Mason County,WA 3.62 WORK PLAN farms operators hasn't deviated much from 2007 to 2012, with the majority of farms having only one or two operators. Farm operation as a primary occupation applied to 153 of the total in 2012, a decrease of 7% over the prior five years. The decrease in farm operation as something other than a primary occupation took a far greater decrease of nearly 30% during that same time frame. Farms with operators being present for a period of four or fewer years have substantially decreased, with the least - amount of change in those operators present more than ten years. The average number of years has remained constant, however,at just about 18 years. The highest degree of change can be seen in the age of farm operators. In 2007 there were very few operators under the age Of 35; now, however, this age group has increased by more than 400%. The decrease in age groups has impacted the mid-age range with about 6o%fewer operators between the ages of 35 and 59. The trend takes another upturn with the over 6o age group increasingly becoming operators by 37%to 74%. The average age of an operator is closer now to 6o than SS as it was in 2007. This shows farming an as occupation for the younger families just starting out, and the retirees starting on a second career. As an aside point of interest, there are 8%fewer farms that have internet access in 2012 than 2007. This is the opposite of what one might expect considering the direction of technology; however it may in fact be a reflection of an older generation at the helm. CROPS Not only has the size and number of farms changed over the past five years, but the pattern continues in a similar fashion with the amount and types of crops and livestock. Overall the number of cattle farms has decreased by nearly 40%, while the number of cattle has increased by 11%. This mirrors some of the same trends seen in earlier discussions. The amount of farms decreasing leaving the remaining farmers challenged to meet product demands. The number of beef cattle farms has also decreased 40%since 2007 and the number of beef cattle by 3o%. Dairy, or milk, cattle farms have increased substantially by 83%. Interestingly however, with Mason County,WA 3.63 WORK PLAN the addition of dairy farms, the number of milk cattle decreased by more than So%. Although not to the same degree, the same reductions in both farms and livestock can be seen in hogs, pigs, sheep, and Iambs. Mason County has a variety of other kinds of livestock including horses, ponies, mules, donkeys, alpacas, llamas, rabbits and poultry. Poultry farms have slightly increased ... 2%...with the number of poultry actually decreasing by 37%, same as with the milk cattle. Table 37 Number of Crop and Livestock Farms 2007-2012 2012 2007 2012 2007 Cattle and Calves go 148 -39% 2218 2002 11% Beef 65 1o8 -40% 791 1133 -30% Milk 11 6 83% 21 43 -51% Hogs and Pigs 17 23 -26% 62 98 -37% Sheep and Lambs 37 46 -20% 315 538 -410/0 Goats 42 275 Milk 16 89 Angora o 0 Meat 31 186 Horses and Ponies 97 466 Mules, Burros and Donkeys 12 33 Poultry 102 100 2% 2846 4495 -37% Alpaca 17 204 Llamas 16 40 Rabbits, Live 12 45 Other Livestock 3 Source: USDA Census of Agriculture There are also a variety of other types of poultry in the County, the numbers and locations of which are withheld to avoid disclosing data for individual farms. These include chukars (partridge),ducks,emus,geese, peacocks,quail and roosters. There are not many crops in Mason County, and what is here is relatively small compared to some of State's eastern counties. The following pie charts illustrate the percentage of land used as cropland verses other farm uses. Mason County,WA 164 WORK PLAN 2012 Farm Land Use Percentages 12% 20% Cropland 15°/a Woodland Pasture Otheruses 53% i 2007 Farm Land Use Percentages I i _ I 14% 24% { Cropland 19% Woodland i Pasture I Other uses ! 43% ! { Mason County,WA 3.65 WORK PLAN According to the USDA's Census of Agriculture",cropland includes cropland harvested, other pasture and grazing land that could have been used for crops without additional improvements, cropland on which all crops failed or mere abandoned, cropland in cultivated summer fallow, and cropland idle or used for cover crops or soil improvement but not harvested and not pastured or grazed. Conversely, woodland, which comprises the majority of Mason County's farm use, is categorized to include natural or planted 71;oodlots or timber tracts, cutover and deforested land with young growth Which has or Will have value for wood products and woodland pastured. Land covered by sagebrush or mesquite was reported as Permanent pastureland and rangeland or other land. Land planted for Christmas tree production and short rotation woody crops was reported in Cropland harvested, and land in tapped maple trees was reported as Woodland not pastured." 4 � ` The ratios of land use make sense when considering the types of crops and agricultural products are grown here.The majority of what is grown in Mason County is hay,with 65 forage farms in 2022—a 26% increase since 2007. The second largest crop, excluding Christmas trees, is berries increasing g% over the past five years. Mason County is also the 2"d largest production of cut Christmas Trees and short rotation woody crops in the State, and the 3rd 82 USDA NASS,2012 Census of Agriculture,2012 Census Volume 1,Chapter 2:County Level Data. 83 USDA NASS,2012 Census of Agriculture,2012 Census Volume 1,Chapter 2:County Level Data.Available at: www.agcensus.usda.gov/Publications/2o12/Full_Report/Volume_i,_Chapter_2_County_Level/Washington Mason County,WA 166 WORK PLAN largest cut flowers and florist greens.14 Snap beans made an impressive 175% increase from eight farms to 22. Large increases are also seen in broccoli, cabbage, carrots, onions, pumpkins, squash, sweet corn and tomatoes. Sharp declines have also occurred leaving some products no longer farmed in Mason County — asparagus, corn, eggplant, lettuce, mustard greens, and fresh cut herbs.There are also a number of orchards in the County, although about 3o% less than in 2007. Apples, sweet and tart cherries, grapes, pears, and plums are all grown here. Table 38 Types and Size of Crops 2007-2012 2012 2007 2012 2007 Forage (hay) 65 56 16% 2474 2063 20% Vegetables 28 28 0% 88 83 6% Asparagus o 4 -100% 1 -100% Corn o 4 -100% 5 -l00% Snap beans 22 8 175% 5 3 67% Beets 6 6 0% 1 1 0% Broccoli 4 1 300% 0.5 Cabbage 2 1 100% Carrots 15 6 150% 3 1 200% Cucumbers& pickles 14 12 17% 2 4 -50% Eggplant o 2 -100% Garlic 2 3 -33% Herbs,fresh cut o 6 -100% 4 -100% Lettuce o 5 -100% 1 -l00% Mustard greens o 1 -100% Onions 11 3 267% 2 0.5 300% Green peas 11 5 120% 1 1 0% Bell peppers 1 3 -67% - Potatoes 10 14 -29% 2 2 0% Pumpkins 10 8 25% Squash 4 3 33% 2 84 USDA NASS,2012 Census of Agriculture,2012 Census Volume 1,Chapter 2:County Level Data.Available at: www.agcensus.usda.gov/Publications/2012/Full_Report/Volume_l,_Chapter_2_County_LeveI/Washington Mason County,WA 167 WORK PLAN 2012 2007 2012 2007 Sweet corn 17 9 89% 43 45 -4% Tomatoes 14 12 17% 1 2 -50% Othervegetables 6 9 -33% 4 5 -20% Orchards 21 31 -32% 19 54 -65% Apples 15 5 Sweet cherries 9 4 Tart cherries 3 1 Grapes 14 7 Pears 7 2 Plums& prunes 4 1 Berries 25 23 9% 12 9 33% Blackberries&dewberries 8 2 Blueberries,tame 1s 6 Currents 1 Raspberries, red 8 2 Strawberries 5 1 Other berries__ 2 .-._ . ...._._ o._.-_- - .__......_ ......_... .__.__._ Aquatic plants o 2 -100% Bulbs, corms, rhizomes, and tubers 2 2 0% Cuttings, seedlings, liners, and plugs o 1 -100% Floriculture& bedding crops 16 18 -11% 178 116 53% Bedding/garden plants 7 8 -13% 1 -100% Cut flowers&cut florist greens 10 16 -38% 176 115 53% Foliage plants, indoor 2 1 100% Potted flowing plants 4 1 300% Greenhouse vegetables and herbs 3 1 200% Greenhouse tomatoes 2 1 100% Mushrooms o 1 -100% Nursery stock crops 10 19 -47% 10 31 -68% Vegetable seeds 1 -100% Vegetable transplants 1 1 0% Cut Christmas trees 40 50 -20% 1026 934 10% Short rotation woody crops 6 5 20% 23 62 -63% Mason County,WA i68 WORK PLAN While shorelands are not subject to the VSP and therefore aquaculture is not included in these statistics, it is remarkable to note that Mason County is 15t in the state and 5th in the nation for production. i i i i i i i Mason County,WA 169 WORK PLAN I APPENDIX 6 GOALS, BENCHMARKS, MONITORING, AND ADAPTIVE MANAGEMENT I i I i I I i I Mason County,WA 170 WORK PLAN Table 39 Goals i and z,Benchmarks and Adaptive Management Critical Area i I Goal 1—Protect Critical Area Goal 2—Enhance Critical Area Adaptive Management Functions and Values on Function and' alues through Agriculture& Total July Agricultural Lands at a Voluntary,Incentive-Based Critical Area 2011 Baseline Best July 2011 BMP Watershed Level as they Measures WRIAs July 2011 Acres of Management Implementation existed as of July 22,2011 Baseline Critical Areas Practices Baseline - i Trigger Actions � Interface in WRIA Benchmarks (Monitoring Program— Appendix 7) Critical Aquifer Recharge Areas Kennedy Goldsborough 2,077 41,028 WRIA 14 Kitsap 245 4,004 5%annual increase of BMP WRIA 15 Maintain baseline acreage of implementation(Based on averaged <5%annual Agriculture and Critical Area annual implementation over 5 year increase in BMP Determine reasons for Interface period ofeach BMP throughout the implementation reduced BMPs and Skokomish County) options for Maintain BMP reinstatements Dosewallips 2,033 12,345 Implementation Baseline WRIA 16 Lower Chehalis 088 WRIA22 753 72,088 Frequently Kennedy Flooded Areas Goldsborough 1,319 29,384 WRIA 14 5%annual increase of BMP Kitsap Maintain baseline acreage of implementation(Based on averaged 245 8,779 Agriculture and Critical Area annual implementation over <5%annual WRIA 15 Interface period of each BMPthroughoutthe increase in BMP reduced BMPs and for County,not all BMPs have been implementation options for Skokomish Maintain BMP implemented in recent past) reinstatements Dosewallips 2,063 16,759 Implementation Baseline WRIA 16 Lower Chehalis 180 6,041 WRIA 22 Mason County,WA 171 WORK PLAN Critical Area I Goal 1–Protect Critical Area Goal 2–Enhance Critical Area Adaptive Management Functions and Values on Function and Values through Agriculture& Total July Agricultural Lands at a Voluntary,Incentive-Based Critical Area 2011 Baseline Best July zoic BMP Watershed Level as they Measures WRIAs July 2011 Acres of Management Implementation existed as of July zz,2011 -- _ .....------ -- Baseline Critical Areas Practices Baseline Trigger Actions Benchmarks Interface in WRIA (Monitoring i Program— Appendix 7) I Wetlands Kennedy i Goldsborough 613 28,075 WRIA 14 5%annual increase of BMP implementation(Based on averaged Kitsap annual implementation over 5 year 142 7,26° eriodofeachBMP throughout the <5%annual WRIA 15 — Agriculture Maintain baseline acreage of County,not all BMPs have been increase in BMP Agriculture and Critical Area implemented In recent past) implementation Determine reasons for ti Skokomish Interface reduced BMPs and Dosewallips 488 13,973 Reduce agriculture and wetland Reduction rate to be options for WRIA16 Maintain BMP interface to less than zollbaseline; determined by reinstatements Implementation Baseline Decrease based on future monitoring future monitoring data as reported Lower Chehalis 45 6,567 WRIA 22 Erosion Hazard Areas Kennedy 5%annual increase of BMP Goldsborough 66 8,265 implementation(Based on averaged WRIA 14 annual implementation over 5year <5%annual Maintain baseline acreage of period ofeach BMP throughoutthe increase in BMP Agriculture and Critical Area County,not all BMPs have been Determine reasons for Kitsap7 7,o62 Interface implemented in recent past) implementation reduced BMPs and WRIA 15 Reduction rate to be options for Maintain BMP Reduce agriculture and erosion determined by reinstatements Skokomish Implementation Baseline hazard area interface to less than future monitoring 2o11 baseline;Decrease based on Dosewallips 41 1,598 future monitoring data as reported WRIA 16 Mason County,WA 172 WORK PLAN Critical Area Goal1—Protect Critical Area Goal z—Enhance Critical Area Adaptive Management Functions and Values on Function and Values through Agriculture& Total July Agricultural Lands at a Voluntary,Incentive-Based Critical Area 2o11 Baseline Best July zoic BMP Watershed Level as they Measures WRIAs July zoii Acres of Management Implementation existed as of July zz,2011 Baseline Critical Areas - Practices Baseline — _�___ . . Trigger ! Actions Interface in WRIA Benchmarks (Monitoring 11 + Program— j Appendix 7) Lower Chehalis WRIA 22 0.4 69 Fish and Wildlife Kennedy Habitat Conservation Goldsborough 1,075 4,15o Areas WRIA 14 5%annual increase of BMP implementation(Based on averaged Locate area(s)of reduced Kitsap 56 z,g81 annual implementation over 5 year <baseline acres of agriculture and follow up WRIA 25 Maintain baseline acreage of period of each B M P throug hout the interface with landowners to Agriculture and Critical Area County,not all BMPs have been determine contributing Interface implemented in recent past) <i%increase in factors. Skokomish agricultural Dosewallips 559 27,073 Maintain BMP Reduce agriculture and erosion activities annually Is reduction result of: WRIA 16 Implementation Baseline hazard area interface to less than 1. Loss of agricultural 2o11 baseline;Decrease based on <1 ISPs annually activities,or future monitoring data as reported z. Loss of habitat Lower Chehalis WRIA zz Mason County,WA 3.73 WORK PLAN Table 4o Goal 3,Benchmarks and Adaptive Management Goa13—Ensure the Viability of Agriculture Agriculture&Critical Total Baseline Acres of and Reduce the Conversion of Agricultural Adaptive Management Critical Area WRIAs Area Baseline Agricultural Activity in Land into Other Uses Interface WRIA Trigger Benchmarks (Monitoring Program Actions —Appendix 7) Kennedy Maintain baseline acreage of Interface <5,108 baseline acres Locate area(s)of reduction to follow up with landowners to Goldsborough 2,077 5,275 of interface determine contributing factors. WRIA 14 Maintain baseline acreage of Agricultural Kitsap Activity <9,027 baseline acres Meet with District Staffto determine status of funding Critical Aquifer WRIA 3.5 245 368 of agricultural programs that may impact preservation or expansion of Recharge Areas Maintain 2011 annual average baseline of7.5 activities agriculture,and the completion of Farm Plans 9 Skokomish completed Farm Plans WRIA Dosewallips 2,033 2,531 <7.5annually Meet with County officials to determine ifpolicy or regulation WRIA 16 completed Farm Plans amendments have been made that may impact preservation or Lower Chehalis expansion of agriculture WRIA22 753 853 Kennedy Maintain baseline acreage of Interface >3,807 baseline acres Locate area(s)of changes to follow up with landowners to Goldsborough 1,319 5,275 of interface determine contributing factors(e.g.why farming activity is WRIA 14 Maintain baseline acreage of Agricultural expanding or moving into flooded areas). Kitsap Activity <9,027 baseline acres WRIA25 245 368 ofagricultural Meet with District Staffto determine status offunding Frequently Flooded Maintain 2011 annual average baseline of7.5 activities programs that may impact preservation or expansion of Areas Skokomish completed Farm Plans agriculture,and the completion of Farm Plans Dosewallips 2,063 2,531 <7.5annually WRIA 16 completed Farm Plans Meet with County officials to determine if policy or regulation Lower Chehalis amendments have been made that may impact preservation or WRIA 22 180 853 expansion of agriculture Kennedy Maintain baseline acreage of Interface >1,288 baseline acres Locate area(s)of reduction to follow up with landowners to Goldsborough 613 5,275 of interface determine contributing factors(e.g.why farming activity is WRIA 14 Maintain baseline acreage of Agricultural expanding or moving into the wetlands). Kitsap Activity <9,027 baseline acres WRIA 15 142 368 of agricultural Meet with District Staffto determine status offunding Wetlands Maintain 2011 annual average baseline 0f7.5 activities programs that may impact preservation or expansion of Skokomish completed Farm Plans agriculture,and the completion of Farm Plans Dosewallips 488 2,531 <7.5annually WRIA 16 completed Farm Plans Meet with County officials to determine if policy or regulation Lower Chehalis amendments have been made that may impact preservation or WRIA 22 45 853 expansion ofagriculture Kennedy Maintain baseline acreage of Interface >293 baseline acres of Locate area(s)of reduction to follow up with landowners to Landslide Hazard Areas Goldsborough 209 5,275 interface determine contributing factors(e.g.why farming activity is WRIA 14 Maintain baseline acreage of Agricultural expanding or moving into landslide hazard areas). Mason County,WA 174 WORK PLAN Goa 13—Ensure the Viability of Agriculture Agriculture&Critical ' Total Baseline Acres of and Reduce the Conversion of Agricultural Adaptive Management Critical Area WRIAs Area Baseline Agricultural Activity in Land into Other Uses Interface WRIA Trigger Benchmarks (Monitoring Program Actions —Appendix 7) Kitsap Activity <9,027 baseline acres WRIA 15 34 368 ofagricultural Meet with District Staffto determine status offunding Skokomish Maintain 2011 annual average baseline 0f7.5 activities programs that may impact preservation or expansion of Farm Plans Dosewallips 27 2,531 completed agriculture,and the completion of Farm Plans <7.5 annually WRIA 16 completed Farm Plans Meet with County officials to determine if policy or regulation Lower Chehalis �3 853 amendments have been made that may impact preservation or WRIA 22 expansion of agriculture Kennedy Maintain baseline acreage of Interface >8,777 baseline acres Locate area(s)of reduction to follow up with landowners to Goldsborough 5,206 5,275 of interface determine contributing factors. WRIA 14 Maintain baseline acreage of Agricultural Kitsap Activity <9,027 baseline acres Meet with District Staffto determine status offunding WRIA 15 3�7 368 ofagricultural programs that may impact preservation or expansion of Seismic Hazard Areas Maintain 2011 annual average baseline 0f7-5 activities agriculture,and the completion of Farm Plans Skokomish completed Farm Plans Dosewallips 2,492 2,531 <7.5annually Meet with County officials to determine if policy or regulation WRIA 16 completed Farm Plans amendments have been made that may impact preservation or Lower Chehalis 762 853 expansion of agriculture WRIA 22 Kennedy Maintain baseline acreage of Interface >114 baseline acres of Locate area(s)of reduction to follow up with landowners to Goldsborough 66 5,275 interface determine contributing factors(e.g.why farming activity is WRIA 14 Maintain baseline acreage of Agricultural expanding or moving into erosion hazard areas). Kitsap Activity <9,027 baseline acres WRIA 15 7 368 of agricultural Meet with District Staffto determine status offunding Erosion Hazard Areas Maintain 2011 annual average baseline of7.5 activities programs that may impact preservation or expansion of Skokomish Dosewallips 41 z, completed Farm Plans agriculture,and the completion of Farm Plans 1 WRIA 16 53 <7.5 annually completed Farm Plans Meet with County officials to determine ifpolicy or regulation Lower Chehalis o.4 853 amendments have been made that may impact preservation or WRIA 22 expansion of agriculture Kennedy Maintain baseline acreage of Interface >1,690 baseline acres Locate area(s)of reduction to follow up with landowners to Goldsborough 1,075 5,275 ofinterface determine contributing factors why farmingactivityIs Fish and Wildlife WRIA 1 g a ). Habitat Conservation 4 Maintain baseline acreage ofAgricultural expanding or moving into habitat areas). Activity <9,027 baseline acres Areas WRIAKitsaP 56 368 ofagricultural Meet with District Stafftodetermine status offunding 5 Maintain 2011 annual average baseline of g 7.5 activities programs that may impact preservation or expansion of Mason County,WA 175 WORK PLAN Goa13—Ensure the Viability of Agriculture Agriculture&Critical Total Baseline Acres of and Reduce the Conversion of Agricultural Adaptive Management Critical Area WRIAs Area Baseline Agricultural Activity in Land into Other Uses Interface WRIA Trigger Benchmarks (Monitoring Program Actions —Appendix 7) Skokomish completed Farm Plans agriculture,and the completion of Farm Plans Dosewallips 559 2,531 <7.5annually WRIA 16 completed Farm Plans Meet with County officials to determine if polity or regulation amendments have been made that may impact preservation or Lower Chehalis WRIA 22 853 expansion of agriculture Mason County,WA 3-76 WORK PLAN APPENDIX 7 MONITORING PROGRAM Mason County,WA 177 WORK PLAN Table 41 Goal 4, Monitoring Program MONITORING TOOLS INFORMATION RESOURCE FOR RESOURCE CONTACT MONITORING MONITORING MONITORING TOOLS OBTAINING SCHEDULE ASSIGNMENT j PROVIDE MONITORING TOOLS Type of BMPs Mason Conservation District Staff Annually District Staff • Intended result of BMP District Database ManagementBest at site or • Size,location and Type specific on • of Ag Operation activities designed . ..a • •ve • Origin of the request • protect critical areai for assistance • Type and size of Critical Area on site • Type of Practice(s) Mason Conservation District Staff Annually District Staff • Proposed impact/effect District Database •ual • , on Ag Operation •' goals of this Work Size,location and Type Plan by target agricultural of Ag Operation activities with critical areas�--., • Proposed monitoring techniques • Origin of the request - for assistance I i Mason County,WA 178 WORK PLAN i i� MONITORING TOOLS INFORMATION RESOURCE FOR RESOURCE CONTACT MONITORING MONITORING I MONITORING TOOLS OBTAINING SCHEDULE ASSIGNMENT I PROVIDE MONITORING TOOLS • Type of Project Lead Entity Habitat Hws.ekosystem.us Annually District Staff "" •�' • • Type of Critical Area on Work Schedule site Washington State • Intended result of the Recreation and Project Conservation Office • Amount/size of critical area • Intended outcome of project • Proposed monitoring NAI•' I High.Resolution • Increase or decrease in Washington Habitat Science Division Every z—5 years, District Staff • V land cover Department of Fish www.pshrcd.com depending on future • • • Changes to critical and Wildlife releases of • areas information • Type of change occurring • Patterns/locations of change • • Increase or decrease in Mason County, GIS Division Every 5—10 years, District Staff - critical areas Department of depending on • Changes to ag lands Public Works County's update schedule Mason County,WA 179 WORK PLAN MONITORING TOOLS INFORMATION RESOURCE FOR RESOURCE CONTACT MONITORING MONITORING MONITORING TOOLS OBTAINING SCHEDULE ASSIGNMENT PROVIDE MONITORING TOOLS • Type and location of ° changes occurring • Increase or decrease in U.S.Department of www.fws.gov/wetlands Annually—USDFW District Staff size of wetlands Fish&Wildlife updates maps • Location of wetlands biannually • Increase or decrease in Washington www.wdfw.wa.gov/mapping/phs Annually District Staff size of areas Department of Fish • Location of areas and Wildlife • Number,location and Mason County www.co.mason.wa.us/assessor/index.phhp Annually District Staff size of agricultural land Assessor's Office • Changes in farm U.S.Department of www.agcensus.usda.gov Every S years District Staff demographics(number Agriculture of farms,size of farms, crops,etc.) i i Mason County,WA 18o WORK PLAN 1 i i, MONITORING TOOLS INFORMATION RESOURCE FOR RESOURCE CONTACT MONITORING MONITORING MONITORING TOOLS OBTAINING SCHEDULE ASSIGNMENT PROVIDE MONITORING TOOLS • Changes in size and Washington State https://agr.wa.aov/PestFert/natresources/Ag Land Use.aspx -Every 3 Years District Staff location of agricultural Department of activities Agriculture i i i f I I k i i I I I Mason County,WA 181 WORK PLAN I i I I it i I I. i I i I i f I I APPENDIX 8 BEST MANAGEMENT PRACTICES i i i i I I Mason County,WA 182 WORK PLAN BEST MANAGEMENT PRACTICES This table is a compilation of 29 Best Management Practices (BMPs) used by the District in Mason County; the first seven are the most commonly used. The information provided includes the Conservation Practice number as listed by the National Resource Conservation Service together with a description of the practice and its purpose. Many of these BMPs can be applied to different areas and are multi-functional in their ability to protect and enhance critical areas. In formulating the goals and benchmarks of this Plan, the Work Group drew from these options to apply the most effective BMPs for each. Each County will have a unique set of goals based on the types of agricultural activities practiced and the types of critical areas prevalent in those areas. In Mason County, agriculture primarily focuses around pastures and hayfields which are maintained very differently from crops and orchards,for instance. Table 42 Best Management Practices FENCING 382 Constructed barrier to Facilitates conservation animals or people objectives by providing means to control movement of animals and people, including vehicles HEAVY USE 561 Used to stabilize Provide a stable, non- PROTECTION AREA ground surface eroding surface for areas frequently and frequently used by animals, intensively used by people,vehicles; people,animals, or Protect/improve water vehicles quality SUBSURFACE DRAIN 6o6 Conduit installed Remove or distribute beneath the ground excessive soil water surface to collect and/or convey excess water. COMPOSTING 317 Structure/device to Reduce pollution potential FACILITY contain &facilitate and improve handling 8s United States Department of Agriculture,Natural Resource Conservation Service,Conservation Practice Number Mason County,WA 3.83 WORK PLAN controlled aerobic characteristics of organic decomposition of waste solids; produce soil organic material by amendment that adds microorganisms into organic matter and biologically stable beneficial organisms, organic material provides slow-release plant- suitable as a soil available nutrients,and amendment. improves soil condition. USE EXCLUSION 472 Exclusion of animals, Monitor, manage intensity (ACCESS CONTROL) people,vehicles, of use by animals, people, and/or equipment vehicles,equipment with from an area. other practices of conservation plan. FILTER STRIP 393 A strip or area of Reduce suspended solids herbaceous vegetation and contaminants in runoff; that removes reduce dissolved contaminants from contaminants in runoff; overland flow. reduce suspended solids and contaminants in irrigation tailwater. WASTE STORAGE 313 A waste storage Temporarily store wastes, STRUCTURE impoundment made wastewater, & (FACILITY) by constructing an contaminated runoff as embankment and/or storage function excavating a pit or component of agricultural dugout,or by waste management system. fabricating a structure. PASTURE/HAYLAND 512 Establishing adapted Improve/maintain livestock PLANTING (FORAGE and/or compatible nutrition and/or health; AND BIOMASS species,varieties,or provide/increase forage PLANTING) cultivars of herbaceous supply; reduce soil erosion species suitable for & improve soil and water pasture, hay,or quality; produce feedstock biomass production. for biofuel or energy production; increase carbon sequestration IRRIGATION SYSTEM: 441 Frequent application Efficiently& uniformly MICRO-IRRIGATION of small quantities of apply irrigation water and water on or below the maintain soil moisture; Mason County,WA 3.84 WORK PLAN soil surface: as drops, prevent contamination of tiny streams, or ground and surface water miniature spray through emitters or applicators placed along a water delivery line. PRESCRIBED GRAZING 528 Managing harvest of Improve/maintain desired vegetation with plant species composition; grazing and/or improve/maintain quantity browsing animals. &quality of forage,water, riparian &watershed functions,and food/cover for wildlife; reduce accelerated soil erosion; manage fine fuel loads. FIELD BORDER 386 A strip of permanent Reduce wind/water erosion; vegetation established protect soil/water quality; at the edge or around provide wildlife food and the perimeter of a cover and pollinator or field. other beneficial organism habitat; increase carbon storage; improve air quality IRRIGATION SYSTEM: 442 A distribution system Efficient, uniform water SPRINKLER that applies water by application; improve plant means of nozzles condition, productivity, operated under health,vigor; Prevent entry pressure of excessive nutrients, organics, other chemicals in water; improve soil condition; reduce particulate matter emissions; reduce energy use IRRIGATION WATER 43oDD A pipeline and This practice may be CONVEYANCE— (43o) appurtenances applied as part of resource PIPELINE: HIGH installed to convey management system to PRESSURE PLASTIC water for storage or achieve one or more of the (IRRIGATION application, as part of following purposes: Mason County,WA 185 WORK PLAN PIPELINE) an irrigation water Conveyance ofwaterfrom a system. source of supply to an irrigation system or storage reservoir. Reduce energy use. Develop renewable energy systems(i.e., inpipe hydropower). RECREATION TRAIL 568 Trail:constructed path Provide/improve animal AND WALKWAY (575) with vegetated or access to forage,water, (TRAILS AND earthen surface. working/handling facilities, WALKWAYS) Walkway:constructed shelter; Facilitate improved path with artificial grazing; Protect surface.Trail/walkway: ecologically sensitive, facilitate movement of erosive sites; Provide animals, people,or off- pedestrian/off-road vehicle road vehicles access to agricultural, construction, maintenance operations; provide for recreational activities or access to recreation sites. SURFACE DRAINAGE— 607 A graded channel on Intercept excess surface and FIELD DITCH the field surface for shallow subsurface water collecting excess water from a field, conveying it to a surface main or lateral; collect excess irrigation water for a tailwater reuse system. SURFACE DRAINAGE— 6o8 An open drainage ditch Convey excess surface or MAIN OR LATERAL for moving excess shallow subsurface water water collected by a from field ditch to safe field ditch or outlet; convey excess subsurface drain to a subsurface water from safe outlet. subsurface drain to safe outlet. WASTE FACILITY 367 A rigid,semi-rigid,or Protect clean water in COVER (ROOFS AND flexible manufactured existing or planned animal COVERS) membrane,composite waste handling or storage material or roof area; improve waste structure placed over a management and Mason County,WA 186 WORK PLAN waste management utilization;capture biogas facility,agrichemical emissions from an existing handling facility,or an or planned animal waste on-farm secondary storage facility; protect containment facility. clean water by excluding it from a chemically contaminated area WATERING FACILITY 614 A means of providing Supply daily water drinking water to requirements; improve livestock or wildlife. animal distribution; provide water source as alternative to sensitive resource HEDGEROW 422 Establishment of Food,cover, corridors for PLANTING dense vegetation in a terrestrial wildlife,and linear design to aquatic organisms that live achieve a natural in streams; improve water resource conservation quality and aquatic habitat purpose. in ditches and channels; living fences; boundary delineation; intercept airborne particulate matter; reduce chemical drift,odor movement; increase carbon storage in biomass and soils; contour guidelines; screens and barriers to noise, dust; improve landscape appearance HERBACEOUS WEED 315 The removal or control Enhance accessibility, CONTROL of herbaceous weeds quantity, quality of forage including invasive, and/or browse; restore or noxious and prohibited release plant communities plants and wildlife habitats consistent with the ecological site; protect soils, control erosion; reduce fine- fuels fire hazard and improve air quality RIPARIAN FOREST 391 An area predominantly Create shade to lower, Mason County,WA 187 WORK PLAN BUFFER trees and/or shrubs maintain water located adjacent to temperatures; provide and up-gradient from source of detritus and large watercourses or water woody debris; reduce bodies. excess amounts of sediment, organic material, nutrients and pesticides in surface runoff and in shallow ground water flow; reduce pesticide drift; restore riparian plant communities; increase carbon storage in plant biomass and soils. STREAM HABITAT 395 Maintain, improve, Provide suitable aquatic IMPROVEMENT& restore physical, habitat; maintain stream MANAGEMENT chemical, biological corridor ecological functions of stream, processes and hydrological and associated riparian connections of diverse zone stream habitat types important to aquatic species. TREE/SHRUB 612 Establishing woody Establish woody plants for: ESTABLISHMENT plants by planting forest products; habitat; seedlings or cuttings, long-term erosion control direct seeding,or and water quality;treat natural regeneration. waste; store carbon in biomass; reduce energy use;develop renewable energy systems; improve restore natural diversity; enhance aesthetics. TREE/SHRUB SITE 490 Treatment of areas to Encourage natural PREPARATION improve site regeneration; permit conditions for artificial establishment of establishing trees woody plants. and/or shrubs. WETLAND 657 The return of a Restore:conditions RESTORATION wetland and its conducive to hydric soil Mason County,WA 188 WORK PLAN functions to a close maintenance;wetland approximation of its hydrology; native original condition as it hydrophytic vegetation; existed prior to original fish and wildlife disturbance on a habitats. former or degraded wetland site. ROOF RUNOFF 558 A structure that will Protect surface water STRUCTURE collect,control and quality by excluding roof convey precipitation runoff from contaminated runoff from a roof. areas; protect structure foundation from water damage or soil erosion from excess water runoff; increase infiltration of runoff water; capture water for other uses STREAM CROSSING 578 A stabilized area or Access to another land unit; structure constructed Improve water quality by across a stream to reducing sediment, provide a travel way nutrient,organic, and for people, livestock, inorganic loading; reduce equipment,or vehicles streambank and streambed erosion NUTRIENT 590 Managing the amount Budget,supply, and MANAGEMENT (rate), source, conserve nutrients; placement(method of minimize agricultural application),and nonpoint source pollution; timing of plant properly utilize manure or nutrients and soil organic byproducts; protect amendments air quality; maintain or improve the physical, chemical,and biological condition of soil. SILVOPASTURE 381 An application Provide forage for livestock ESTABLISHMENT establishing a and wood products; combination of trees Increase carbon or shrubs and sequestration; improve compatible forages on water quality; reduce Mason County,WA 18q WORK PLAN the same acreage. erosion; enhance wildlife habitat; reduce fire hazard; provide shade for livestock; develop renewable energy systems Mason County,WA Igo WORK PLAN APPENDIX g VOLUNTARY STEWARDSHIP OVERVIEW AND INDIVIDUAL STEWARDSHIP CHECKLIST Voluntary Stewardship Overview z o and Individual Stewardship Q 0) �`✓`,1 Checklist J c O Cz r i O V1 r _ - I ►,. I y Mason County,WA WORK PLAN Voluntary Stewardship Program Mason County,Washington WHAT IS THE VOLUNTARY STEWARDSHIP PROGRAM? The Voluntary Stewardship Program,or"VSP",was adopted in zoss under the Washington Growth Management Act as an alternative to traditional critical areas regulations. Communities develop a WORK PLAN that focuses on incentives to encourage good ecosystem stewardship instead of regulatory approaches to protect critical areas on agricultural lands. Important Critical areas generally support clean water, sustainable populations of salmon and shellfish,and healthy populations of plants and wildlife for next generations. Underthis Program,farmers can operate successful agricultural businesses while taking the initiative to improve the environment on their land.These initiatives are known as Best Management or Conservation Practices, and are already in use by farmers throughout the County. Where agricultural intersects with critical areas,the Program provides incentives for agricultural landowners and operators to voluntarily enhance the condition of critical areas through best management practices. A SUCCESSFUL STEWARDSHIP PROGRAM WOULD ENABLE THE COMMUNITY TO APPLY COOPERATION, INNOVATION,AND EFFECTIVE ACTION FOR THE ADVANCEMENT OF AGRICULTURE AND THE ENVIRONMENT. THE VSP WORK PLAN Mason County's WORK PLAN forthe Program that includes goals, benchmarks, monitoring and adaptive management for protecting and enhancing critical areas through voluntary, site- specific stewardship practices. The WORK PLAN is also focused on maintaining and enhancing the long-term viability of agriculture and reducing the conversion of farmland to other uses. Specifically the PLAN has four goals: GOAL 1 PROTECT CRITICAL AREA FUNCTIONS AND VALUES ONAGRICULTURAL LANDS ATA WATERSHED LEVEL AS THEYEXISTED AS OFJULY22,2011 GOAL z ENHANCE CRITICAL AREA FUNCTIONS AND VALUES THROUGH VOLUNTARY, INCENTIVE-BASED MEASURES. GOAL 3 ENSURE THE VIABILITY OF AGRICULTURE AND REDUCE THE CONVERSION OF AGRICULTURAL LAND INTO OTHER USES. GOAL 4 ESTABLISH BASELINE MONITORING PROGRAM TO MEASURE BENCHMARKS OVER A TEN YEAR PERIOD. The PLAN also establishes measurable Benchmarks to assess progress toward achieving these goals. Monitoring techniques have been included and are a necessary tool to again illustrate how the Work Plan intends to effectively measure the Benchmarks and meet the Goals throughout its implementation. A threshold for adaptive management has also been established for most of the monitoring techniques to allow the District to evaluate how they are meeting goals and adjust for future decision making. Page 192 WORK PLAN Voluntary Stewardship Program Mason County,Washington Fortunately,the majority of work associated with the WORK PLAN, its implementation and monitoring, is the responsibility of the Conservation District. You,the volunteer, are only as obligated as you choose to be utilizing a variety of available best management practices. Implementation of the Program only requires voluntary stewardship as the primary method of protecting critical areas. It may not require an agricultural operator to discontinue agricultural activities86 orto even participate in the Program. Agricultural operators volunteering to participate may withdraw from the program at any time. Commercial and noncommercial agricultural operators participating in the Program and implementing an individual stewardship plan consistent with the WORK PLAN are presumed to be working toward the protection and enhancement of critical areas. Operators participating in the program may be eligible to receive funding and assistance underwatershed programs. There are many funding opportunities for farmers regardless of whether or not they participate in this program. Some of those are listed later. WHAT ARE CRITICAL AREAS? Not everyone is familiar with what or where critical areas are in Mason County. The Program recognizes five different critical areas according to the Growth Management Act,and all five can be found here. These include: critical aquifer recharge areas(CARA),frequently flooded areas,wetlands,fish&wildlife habitat conservation areas,and geologically hazardous areas. In Mason County,geologically hazardous areas are divided into three subcategories: landslide hazard, seismic hazard, and erosion hazard areas. The following table indicates the total acreage of each critical area in the County and its proportional interface with agricultural lands. Acres and Percentages of Agriculture and Critical Area Interface Tota I Acres Of Of Tota I Critical Area • Of Of • Acres Of Agriculture Agriculture • Agricultureterface CA Interface Interface CARA 129,465 9,041 5,070 56% 4% Flooded Areas 6o,963 9,041 3,723 41% 6% Landslide Areas 82,683 9,041 293 3% 0.3% Seismic Areas 398,388 9,041 8,520 94% 2% Erosion Areas 16,856 9,041 114 1% 0.7% 86 Legally existing prior to July 22,2011 Page 193 WORK PLAN Voluntary Stewardship Program Mason County,Washington TotalOf Of TotalCritical Area Acres Of Of Agriculture Agriculture %Of • Agriculture Interface Fish&Wildlife 34,204 9,041 1,690 A% S% Wetlands SS,87S 9,041 1,288 14% 2% Critical areas,as denoted above, support clean water and healthy plant and wildlife populations. Each is different in its make-up and functions, as well as its associated protection measures. Below are brief descriptions of all five: Surface waters replenish, "recharge",aquifers through seepage fromqvqr — streams, lakes,and wetlands,and from k- precipitation that percolates through soil or rock.Areas with a critical recharging effect on aquifers used for potable water,also called Critical Aquifer Recharge Areas or CRITICAL AQUIFER RECHARGE AREAS CARAs. Photo:Oakland Bay, Courtesy of WA Department of Ecology ---`- Page 194 WORK PLAN Voluntary Stewardship Program Mason County,Washington 37 t- t`" Frequently flooded areas are lands in the flood ` Iain subject to at least a one percent or greater chance of flooding in any given year, orwithin areas subject to flooding due to high groundwater. ' Photo:Tahuya River, Courtesy of The Lunkers FREQUENTLY FLOODED AREAS Guide 4' Landslide areas are at risk for a rapid down slope movement of a mass of - material such as rocks, soil, or other debris. The occurrence depends on a ri number of factors including soil vulnerability,slope,and the degree of water saturation. Photo:Highway 1o6 LANDSLIDE HAZARD AREAS Landslide, Courtesy ofKOMO 4 News ---- ----- — Page 195 WORK PLAN Voluntary Stewardship Program Mason County,Washington Seismic hazards occur in areas subject to severe risk of earthquake Z. /f �d damage as a result of seismic induced settlement or liquified soils. SEISMIC HAZARD AREAS Photo:Courtesy of www.nbcrightnow.com t Erosion hazard areas are where the land surface is worn away by the action of water,wind, ice or r �` a%►?'', ;. other geologic processes. - ,����"-� The most common cause � _ of erosion is waterfalling or flowing across the land. EROSION HAZARD AREAS Photo:Bulkhead, Courtesy of I Mason CD 4 I - - -- - Page 196 WORK PLAN Voluntary Stewardship Program Mason County,Washington Fish and Wildlife Habitat Conservation Areas r (FWHCA)are recognized for maintaining species in suitable habitats within their natural geographic distribution so that isolated populations are not created. They are both aquatic and terrestrial areas within the County. FISH &WILDLIFE HABITAT CONSERVATION AREAS Photo:Courtesy of Beau tifulWash ington.corn I Generally,wetlands are areas inundated or saturated by surface or groundwater at a -_ frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS Photo:Thelar Wetlands, Courtesy of trevor.corn ---- ——---- Page 197 WORK PLAN Voluntary Stewardship Program Mason County,Washington To give you an idea of where these areas are,this Critical Areas Mosaic Map illustrates a pattern of these areas across the County. MASON COUNTY ■ Critical Areas Mosaic Legend > Mason County WRLAs r e W tlands � `� 1� �• 111111111 Erosion Hazards Priority Species Habitat _ y Landslide Hazards Frequently Flooded Area CARAs SelsmicHazards Yvaberootlies -X , Mason County Parcels Date:11//2017 Mason I Conservation J District "j `r" a 2 4 a MISS rr i To find out if your agricultural operation has a critical area located on it,and to learn more about voluntary practices,the District has created a Checklist8,that evaluates the WORK PLAN'S goals together with the needs and objectives of the individual operator. 87 The Mason County VSP ISP checklist contains a compilation of original and borrowed materials from checklists approved for other jurisdictions,including Pacific,Thurston,Yakima,and Grant-our thanks and acknowledgement of their work. Page 198 WORK PLAN Voluntary Stewardship Program Mason County,Washington PROPERTY INFORMATION The following checklist can be used to initiate an Individual Stewardship Plan 88(ISP)underthe Voluntary Stewardship Program.This is a site-specific plan for individual agricultural operations that identifies agricultural activities and conservation practice options based on the Natural Resources Conservation Service's(NRCS)conservation planning procedures.The ISP details conservation practices that promote agricultural business viability while protecting and voluntarily enhancing critical areas. Completion of this survey is the first step to helping the agricultural community in Mason County to meet its participation standards under the Program.This ISP survey will be used to assess trends in implementation of practices that support agricultural viability and critical area protection,and the individual results of this survey will be held in confidentiality by the Mason Conservation District. External reporting of the ISP results will only occur at the watershed scale. Your name: Phone number or email address: Today's date: Agricultural business address: Name of person who manages your farm: Number of acres in agricultural production: What products do you produce? 88 The Washington State Conservation Commission believes that Individual Stewardship Plans are similar to Farm Plans developed by Conservation Districts and are confidential and exempt from disclosure.Policy Advisory#oi-17 RCW 42.56.270(17) - Page 199 WORK PLAN Voluntary Stewardship Program Mason County,Washington •i f'�� iCIISAP WRIA 6 1 ' t WRIA 14 IOWBt�@1A[S�VRIA?2 ` /- t i J' 4 1 `- !+ J 0 2 a eailes WHAT WRIA IS YOUR AGRICULTURAL PROPERTY LOCATED WITHIN? Kennedy-Goldsborough -WRIA 14 O Kitsap-WRIA 15 O Skokomish-Dosewallips -WRIA 16 O Lower Chehalis-WRIA ii O For online maps and to look up your parcel you can go to http://www.geodata.org/ Page 200 WORK PLAN Voluntary Stewardship Program Mason County,Washington IDENTIFY POTENTIAL CRITICAL AREAS ON, OR NEAR, PROPERTY: a. Fish and Wildlife Habitat Conservation Areas O b. Wetlands O c. Frequently Flooded Areas O d. Geologically Hazardous Areas i. Landslide Hazard O ii. Seismic Hazard O iii. Erosion Hazard O e. Critical Aquifer Recharge Areas O VSP is a voluntary and non-regulatory program. Checking one or more critical areas that may potentially be located on or adjacent to the property does not constitute an official determination of such a feature. It is helpful in filling out the rest of the checklist. If you are unsure you can contact the VSP Coordinator at (360) 427-9436, ext. 104 or you can email Badkins@masoncd.org for assistance. IDENTIFY YOUR CURRENT PARTICIPATION IN VOLUNTARY PROGRAMS THAT ADDRESS ENVIRONMENTAL QUALITY AND AGRICULTURAL VIABILITY: EQIP- Environmental Quality Incentives Program O CStP-Conservation Stewardship Program O EWP- Emergency Watershed Protection Program O EWP FPE - Floodplain Easement O FRPP- Farm & Ranchland Protection Program O CREP -Conservation Reserve Enhancement Program O ECP - Emergency Conservation Program O Disaster Assistance Program (includes LFP- Livestock Forage Program) O Mason County Open Space Tax Program O Existing farm plan through the conservation district or NRCS O Other: Try your best to answerthe questions and a Mason Conservation District's technical assistance provider can help you with the rest. District staff can perform a site visit to verify the actual extent and location of critical areas on your property and help you develop an ISP for implementing conservation practices and maintaining or improving the long-term viability of Page 201 — — WORK PLAN Voluntary Stewardship Program Mason County,Washington your agricultural operation.This can be done through the use of online mapping tools and visual identification. Using the examples below, begin identifying conservation practices that you are already doing or that you are interested in discussing with the District to meet objectives of the VSP.The examples are only a few of those commonly used that might be implemented in an ISP. Please indicate which conservation practices you are already doing (after the July 22, 2o11 baseline) or that you would like to implement, or if it is not applicable to your operation. For more information, criteria,and other practices please use the link in the footnote below to view the conservation practice standard in the Field Office Technical Guides.89 - ---- _ .... ---- Fencing Facilitates conservation objectives by providing means to F PHOTO: MASON control movement of animals and people, including vehicles. I did this after July 22, 2011 O Feet Acres ' r I am interested in this O j M https://efotg.sc.egov.usda.gov Page 202 — WORK PLAN Voluntary Stewardship Program Mason County,Washington — --.._._........ .-_...... _ _.._._.._.-_._...-----.... .....— -- ....... ........- --- -- - HEAVY USE PROTECTION AREA Provides a stable, non-eroding surface for areas frequently used by animals,people,and vehicles; ..... protects/improves water quality I did this after July 22, 2011 O Feet Acres IL I am interested in this O • • MASON SUBSURFACE DRAIN A pipe installed beneath the ground surface to collect and/or convey excess water. I � _ did this after July 22, 2011 Feet Acres am interested in this O s+, WORK PLAN Voluntary Stewardship Program Mason County,Washington COMPOSTING FACILITY! Reduces pollution potential and improves handling characteristics of organic waste solids; produce soil amendments that add organic ` F� matter and beneficial organisms, provides slow-release plant- available nutrients, and improves ; •a} uy soil condition y I did this after July 22, 2011 O Feet Acres _ ter' _ I am interested in this O O.T11 MASON CD ACCESS CONTROL Monitor, manage intensity of use by animals, people,vehicles, , equipment with other practices of s. conservation plan. I did this after July 22, 2011 O Feet Acres I am interested in this O R[ I i I I i I I I ----- — Page 204 --.—. ----- WORK PLAN Voluntary Stewardship Program Mason County,Washington FILTER STRIP Reduces suspended solids and dissolved contaminants in runoff; reduces suspended solids and contaminants in irrigation tailwater. I did this after July 22, 2011 O Feet Acres I am interested in this O • • WASTE STORAGE STRUCTURE FACILITY Temporarily store wastes as storage function component of agricultural waste management system. I did this after July 22, 2011 O Feet Acres I am interested in this O �, • .k- fi Rf-FCS�1'C t�hASON Cb,-' _ > _ — __ Page 205 WORK PLAN Voluntary Stewardship Program Mason County,Washington PASTUREMAYLAND PLANTING Improve/maintain livestock nutrition and health; provide/increase forage supply; reduce soil erosion and improve soil and water quality; produce feedstock for biofuel or energy production; increase carbon sequestration. I did this after July 22, 2011 O Feet Acres I am interested in this O --- ----- ----------._...._.__.-. -...-.------..--- IRRIGATION SYSTEM: MICRO-IRRIGATION Efficiently and uniformly apply irrigation water and maintain soil moisture. I did this after July 22, 2011 O Feet Acres I am interested in this O � V PHOTO: WWW.INDIAMART.COM/NARMADAPIPES-R Page 206 --- ---- WORK PLAN Voluntary Stewardship Program Mason County,Washington PRESCRIBED GRAZING Improve/maintain desired plant species composition; improve maintain quantity and quality of forage, water, riparian and watershed functions,and food/cover for wildlife; reduce accelerated soil erosion;manage fine fuels loads. I did this after July 22, 2011 O '. Feet Acres I am interested in this O T a i FIELD BORDER Reduce wind/water erosion; protect soil/water quality; provide wildlife food and cover and pollinator or other beneficial organism habitat; increase carbon storage; improve air quality ''" I did this after July 22,2011 Feet Acres I am interested in this O ' Page 207 WORK PLAN Voluntary Stewardship Program Mason County,Washington IRRIGATION SYSTEM: SPRINKLERV� Efficient, uniform water application; improve plant condition, productivity, health,vigor; improve soil condition; reduce particulate matter emissions; reduce energy use. ' } I did this after July 22, 2011 O ,.., �. Feet Acres I am interested in this O ; t a.. ��: M�•,�•., ^ �Sar^ PHOTO. WWW.GMOUTLOOK.COM/MICRO- -----...---._..__.-.. ------ ---- ------ ..... -- ......--......-..--------- --- IRRIGATION WATER CONVEYANCE—PIPELINE: HIGH PRESSURE PLASTIC This practice may be applied as part of a resource management system to y •r • • �.� achieve one or more of the following 0�,._ � purposes:conveyance of water from ='� a source of supply to an irrigation `s system or storage reservoir, reduce energy use,develop renewable energy systems. I did this after July 22, 2011 O Feet Acres ` a' ' 1 am interested in this O .� f I 1 i I i Page 208 -- — --- ------- WORK PLAN Voluntary Stewardship Program Mason County,Washington RECREATION TRAIL AND WALKWAY A trail is a constructed path with a vegetated or earthen surface.A walkway is a constructed path with , { ,� an artificial surface.A trail/walkway _ is used to facilitate the movement of • animals, people, or off-road vehicles. �` , I did this after July 22,2011 O i Feet Acres i I am interested in this O I I . • MASON SURFACE DRAINAGE—FIELD DITCH Intercept excess surface and shallow subsurface water from a field, conveying it to a surface main or lateral; collect excess irrigation water for a tailwater reuse system. _1 I did this after July 22,2011 O Feet Acres I am interested in this O PHOTO-.44 .• I Page 20) WORK PLAN Voluntary Stewardship Program Mason County,Washington ------........__..___....__.._.- -....- -......... ...-- -- _............----....... __...----- - SURFACE DRAINAGE—MAIN OR LATERAL Convey excess surface or shallow subsurface water from field ditch to safe outlet; convey excess subsurface water from subsurface drain to safe outlet. �� •�--.- �— filfifi 1 did this after July zz, zosl O L�tr � � Feet Acres I am interested in this O PHOTO: AGRICULTURE.VIC.GOV.AU/AGRICULTUR WASTE FACILITY COVER Protect clean water in existing or planned animal waste handling or storage area; improve waste management and utilization; protect clean water by excluding it from a chemically contaminated area. I did this after July zz 2011 O ,rLM •� Feet Acres .U I am interested in this O .' 4 =a Womom8 -- — - Page 210 - WORK PLAN Voluntary Stewardship Program Mason County,Washington WATERING FACILITY Supply daily water requirements; improve animal distribution; provide water source as alternative to sensitive resource I did this after July 22, 2011 O Feet Acres 't 4 I am interested in this O • • HEDGEROW PLANTING Establishment of dense vegetation in a linear design to achieve a natural _ resource conservation purpose. I did this after July 22 2011 Feet Acres I am interested in this O Pa<,c 211 WORK PLAN Voluntary Stewardship Program Mason County,Washington HERBACEOUS WEED CONTROL Enhance accessibility, quantity,quality of forage and/or browse; restore or release plant communities and wildlife habitats consistent with the ecological site; protect soils, control erosion; reduce fine-fuels fire hazard and improve air quality. f I did this after July 22, 2011 O Feet Acres I am interested in this O BOHEMIAN KNOTWEED PHOTO: MASON CD RIPARIAN FOREST BUFFER Create shade to lower, maintain water temperatures; reduce excess sediment, organic material, nutrients and pesticides in surface runoff ands;, in shallow ground water flow- reduce pesticide drift; restore riparian plant ' communities; increase carbon storage in plant biomass and soils. " ifs - I did this after July 22, 2011 O + '• `• � Feet Acres I am interested in this O '< ----- ---------— age 212 WORK PLAN Voluntary Stewardship Program Mason County,Washington STREAM HABITAT IMPROVEMENT& MANAGEMENT Provide suitable aquatic habitat; maintain stream corridor ecological processes and hydrological connections of diverse stream habitat iwp•" types important to aquatic species. w"it y I did this after July 22,2011 O ' Feet Acres I am interested in this O I • • MASON TREE/SHRUB ESTABLISHMENT Establish woody plants for:forest products, habitat, long-term erosion control and water quality,treat waste,store carbon in biomass, reduce energy use,develop renewable energy systems, improve and restore natural diversity, and enhance aesthetics. WNP wpm I did this after July 22, 2011 O Feet Acres .. ► I am interested in this O '•t --- --- -- Page 213 — WORK PLAN Voluntary Stewardship Program Mason County,Washington TREE/SHRUB SITE PREPARATION Encourage natural regeneration; permit artificial establishment of PHOTO: www.IVRcs.usDA.Gov woody plants. r , I did this after July 22, 2011 O Feet Acres I am interested in this O y WETLAND RESTORATION' Restore conditions conducive to hydric soil maintenance,wetland hydrology, native hydrophytic vegetation,original fish and wildlife �T,�T.;` habitats. .i i I did this after July 22, 2011 O V, Feet Acres I am interested in this O .4 t: PHOTO: USFWSPACIFIC -` — — Page 214 WORK PLAN Voluntary Stewardship Program Mason County,Washington ROOF RUNOFF STRUCTURE Protect surface water quality by excluding roof runoff from contaminated areas, protect structure foundation from water damage or soil erosion from excess water runoff; increase infiltration of runoff water; capture water for other . f uses. I did this after July 22 2011 O Feet Acres I am interested in this O V. _ PHOTO: MASON CD STREAM CROSSING Access to another land unit; improve water quality by reducing sediment, nutrient,organic and inorganic loading; reduce streambank and streambed erosion. I did this after July 22,2011 O Feet Acres am interested in this O • • -— —---- Page 215 - -- — -- WORK PLAN Voluntary Stewardship Program Mason County,Washington ............---- - --- _...- .._....---_---._._...----- NUTRIENT MANAGEMENT Budget, supply,and conserve nutrients; minimize agricultural nonpoint source pollution- properly utilize manure or organic byproducts; protect air quality- maintain p the physical, - �.� 't t°:''_ .`? �'`,` :c( •.` .:�._ .. or improve y'"�t �� � ` `��•� +:.�4�`��- chemical, and biological condition of soil. 10 I did this after July 22, 2011 Feet Acres . I am interested in this PHOTO: MASON CD ------.-._..._._..._.-_.................- SILVO-PASTURE ESTABLISHMENT Provide forage for livestock and wood products- increase carbon sequestration; improve water <! quality; reduce erosion; enhance wildlife habitat; reduce fire hazard; provide shade for livestock; develop renewable energy systems. I did this after July 22,2011 O Feet Acres I am interested in this O PHOTO: MASON CD — ---- Page 216 WORK PLAN Voluntary Stewardship Program Mason County,Washington The VSP is designed to promote the viability of agriculture over the long term and to avoid unnecessary local critical area regulations due to the prevalence of conservation practices undertaken by willing producers. Farmer and agricultural operators may find funding programs,as previously discussed, and request a field visit to obtain advice on improving viability and to recommended conservation practices. ADDITIONAL INFORMATION AND ASSISTANCE If you have any questions or would like more information on how to get involved, contact the VSP Coordinator or visit the VSP website at www.masoncd.org/vsp. Critical areas exist throughout the County.You can direct questions about the presence of critical areas on your property or any questions on how to get involved to the Mason County VSP Coordinator: Barbara Adkins,AICP Special Programs Manager Mason Conservation District 450 W. Business Park Road Shelton,WA 98584 (360)427-9436, ext 104 Badkins@masoncd.org Page 217 Mason County Support Services Department Budget Management 411 North 5th Street Commissioner Administration t Emergency Management # Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services `P X Labor Relations Risk Management --------------------- MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES April 9, 2018 • Specific Items for Review o Treatment Sales Tax (TST) funds availability—Frank o Applicants for Thurston-Mason BHO law enforcement representative position —Diane o Request to correct Open Space agreement- Diane o MOU for Jail Sergeants—Dawn o Amendment to Non-Union Salary Resolution - Dawn o Status of School Safety Summit—Frank o Follow up on implementation of Employee Take Home Vehicle Policy for Public Works employees —Frank o Amend sub-recipient agreements with Enterprise for Equity, WSU Extension, Economic Development Council, North Mason Chamber of Commerce for CDBG Microenterprise grant- Jessica • Commissioner Discussion J:\DLZ\Briefing Items\2018\2018-04-09.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jessica Sweet DEPARTMENT: Support Services EXT: 644 BRIEFING DATE: 04/9/2018 ITEM: Amend sub-recipient agreements with Enterprise for Equity, WSU Extension, Economic Development Council of Mason County, and North Mason Chamber of Commerce. EXECUTIVE SUMMARY: On February 13, 2018, Mason County was a granted a contract end-date extension of six months by the Department of Commerce, effectively extending the end date of the County's CDBG Microenterprise grant ("Building Connections-Strengthening Businesses in Mason County) from March 31, 2018 to September 30, 2018. The County works with four partners/sub- recipients on this project and all services performed within the scope of this project have been agreed upon in the form of a Sub-Recipient Agreement. Within the body of the Sub-Recipient Agreements for each sub-recipient in this project (Enterprise for Equity, WSU Extension, Economic Development Council of Mason County, and North Mason Chamber of Commerce), there is discussion surrounding the treatment of contract amendments. The Amendments paragraph states, "County or Subrecipient may amend this agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by County's governing body."As a grantee of the CDBG grant, Mason County has the authority to grant to the sub-recipients as mentioned above, contract-end date extension of six months in order to continue providing services for this grant. In order to be compliant with the original sub- recipient agreements, it is necessary to amend the sub-recipient agreements between Mason County and the above-mentioned sub-recipients in order to reflect the extended end date. At the request of the sub-recipients, there was also a shift of budgetary funds within the scope of the originally awarded funds between sub-recipients. This request arose due to the need for a larger marketing budget for the project, and for a larger budget to cover microenterprise loan underwriting and processing costs. These shifts were approved by the Department of Commerce and are included in the applicable sub-recipients'amended agreements with the County (Enterprise for Equity & North Mason Chamber of Commerce). Cost Impact to the County This project is full-funded by the CDBG grant- No budgetary impact. RECOMMENDED OR REQUESTED ACTION: Request approval for the Chair to sign the Amended Sub-Recipient Agreements. Attachments: Sub-Recipient Agreements with: • Enterprise for Equity • Washington State University Mason County Extension • Economic Development Council of Mason County • North Mason Chamber of Commerce Briefing Summary COMMUNITY DEVELOPMENT BLOCK GRANT MASON COUNTY and WASHINGTON STATE UNIVERSITY MASON COUNTY EXTENSION AMENDED SUB-RECIPIENT AGREEMENT This Amended Agreement is made between Mason County, Washington herein "COUNTY" and Washington State University Mason County Extension called "SUB-RECIPIENT." COUNTY and SUB- RECIPIENT are collectively referred to as "PARTIES" to this Agreement. The AGREEMENT has been AMENDED due to a contract end-date extension of six (6) months granted by the Department of Commerce (AMENDMENT A). As the Washington State Department of Commerce (COMMERCE) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government. COUNTY elected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and COUNTY has applied for and received a CDBG award, contract number 15-62210-043 granted under CFDA 14.228 for a microenterprise program, Building Connections-Strengthening Businesses in Mason County, herein called "PROJECT;" and As it benefits COUNTY to engage SUB-RECIPIENT to accomplish the Scope-of-Work and the objectives of the local CDBG project; The PARTIES agree that: 1. SCOPE OF SERVICES A. COUNTY's Responsibilities COUNTY is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with COMMERCE referenced above. COUNTY will provide such assistance and guidance to SUB-RECIPIENT as may be required to accomplish the objectives and conditions set forth in this AGREEMENT. Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient agreements • Let and award a contract for a consultant to perform outreach and technical assistance services • Establish administrative and other record keeping systems • Develop and establish CDBG microenterprise assistance program policies and procedures • Complete first tier environmental reviews. Review loans to determine if any second tier reviews are required • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plans and conduct on-site reviews • Ensure grant activities are completed • Resolve issues with COMMERCE • Conduct a final public hearing • Complete the grant close-out process with COMMERCE 1 B. SUB-RECIPIENT Responsibilities SUB-RECIPIENT will complete in a satisfactory and proper manner as determined by COUNTY the tasks and activities as detailed in "Exhibit A Scope-of-Work" to accomplish the objectives of the Project. SUB-RECIPIENT will periodically meet with COUNTY to review the status of these tasks. Principal Tasks • Provide administrative and other support services as requested by COUNTY • Provide specialized training for participants as required based on identified needs • Conduct program evaluation(s) • Formulate and submit required reports and payment requests to COUNTY in an accurate and timely manner 2. PERFORMANCE PERIOD (AMENDMENT A) The effective date of this AGREEMENT will be the date the PARTIES sign and complete execution of this AGREEMENT through 9/30/18 with regards to the scope-of-work, reporting and activities will be in effect for the time period during which SUB-RECIPIENT remains in control of CDBG funds or other CDBG assets as defined and required by COMMERCE and/or HUD. The effective end date of 9/30/18 is an extension of six months from the original end date of 3/31/18. 3. AGREEMENT REPRESENTATIVES Each party to this AGREEMENT shall have a representative. Each party may change its representative upon providing written notice to the other party. The PARTIES' representatives are as follows: A. SUB-RECIPIENT: Justin Smith, Director Washington State University Mason County Extension 303 N. 4th Street Shelton, WA 98584 360-704-3375 justingriffis@wsu.edu DUNS #041485301 B. COUNTY: Frank Pinter, Support Services Director Mason County City, State and Zip Code: 411 N. 5th Street Shelton, WA 98584 360-427-9670 Ext. 530 fpinter(a)co.mason.wa.us: 4. BUDGET COUNTY will pass through to SUB-RECIPIENT no more than $26,558 in CDBG funds for eligible incurred costs and expenses for the PROJECT as detailed in "Exhibit B Budget." Indirect Cost Rate if SUB-RECIPIENT chooses to charge Indirect under this grant, SUB- RECIPIENT shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 2 "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this AGREEMENT's Budget must first be determined by COUNTY as consistent with its CDBG contract with COMMERCE and then approved in writing by COUNTY and the SUB-RECIPIENT. 5. PAYMENT COUNTY shall reimburse SUB-RECIPIENT in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the PARTIES to complete the activities and tasks detailed in "Exhibit A Scope of Work" Reimbursement under this AGREEMENT will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the AGREEMENT. Funds available under this AGREEMENT will be utilized to supplement rather than supplant funds otherwise available. It is understood that this AGREEMENT is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by COMMERCE and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING COUNTY will monitor the performance of SUB-RECIPIENT by formulating and implementing a monitoring plan, tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by COUNTY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by SUB-RECIPIENT within a reasonable period of time after being notified by COUNTY, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS- A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the COUNTY promptly gives notice in writing to the SUB-RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the SUB- RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the SUB-RECIPIENT acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. The COUNTY may act in accordance with any determination of the Administrative Officer which 3 has become conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUB- RECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. Work Product-SUB-RECIPIENT will provide COUNTY with all work product including; plans, data, maps, as-builds, and reports prior to the release of the final payment for services E. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. SUB- RECIPIENT represents and warrants that it will, for at least the duration of this AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a) termination of this AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB- 4 RECIPIENT would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit." SUB-RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUB-RECIPIENT and COUNTY, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: SUB-RECIPIENT shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or COUNTY, or (2) the happening of any event or occurrence, unless SUB-RECIPIENT has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which SUB-RECIPIENT believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. SUB-RECIPIENT shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: SUB-RECIPIENT shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, SUB-RECIPIENT has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 5 J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: SUB-RECIPIENT will not communicate directly with COMMERCE concerning this PROJECT without first notifying the COUNTY. L. Indirect Cost Rate: SUB-RECIPIENT's negotiated indirect cost rate, which expired 6/30/19 is 26%. SUB-RECIPIENT must notify COUNTY if approved rate changes. A copy of the adjusted rate agreement will be required. 8. GENERAL CONDITIONS A. General Compliance SUB-RECIPIENT agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this AGREEMENT. B. CDBG National Objective SUB-RECIPIENT certifies the activities carried out under this AGREEMENT meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this AGREEMENT is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the PARTIES. SUB-RECIPIENT will at all times remain an "independent contractor" with respect to the services to be performed under this AGREEMENT. COUNTY will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as SUB-RECIPIENT is an independent contractor. D. Indemnification Mutual Indemnity-Each party to this AGREEMENT shall be responsible for its own acts and/or omissions and those of its officers, employees, and agents. Each Party will hold harmless, indemnify and defend the other from and against any and all claims, actions, suits liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, but only in proportion to and to the extent such claims, demands, costs or judgments are caused by negligent acts or omissions of the indemnifying Party's officials, employees, or agents. In the event of any concurrent act or omission of the PARTIES, each PARTY shall pay its proportionate share of any damages awarded. The PARTIES agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims 6 against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and the PARTIES cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. 2. Survival of Indemnity Obligations. The PARTIES agree all indemnity obligations shall survive the completion, expiration or termination of this Agreement. SUB-RECIPIENT's initials acknowledging indemnity terms: E. Workers' Compensation SUB-RECIPIENT will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this AGREEMENT. F. Insurance and Bonding Self— Insurance. It is agreed and acknowledged that the Contractor is a fully self-insured entity of the state of Washington pursuant to the Risk Management Act, found in the Revised Code of Washington (RCW) 43.19.760—.781; and as such, satisfies the above requirements with said self-insurance. Further, it is understood and agreed that as a self- insured governmental entity, the Contractor cannot provide the County additional insured status. G. Funding Source Recognition SUB-RECIPIENT will insure recognition of the roles of COMMERCE, the WA State CDBG program, and COUNTY in providing services through this AGREEMENT. All activities, facilities and items utilized pursuant to this AGREEMENT will be prominently labeled as to funding source. In addition, SUB-RECIPIENT will include a reference to the support provided herein in all publications made possible with funds made available under this AGREEMENT. H. Amendments COUNTY or SUB-RECIPIENT may amend this AGREEMENT at any time provided that such amendments make specific reference to this AGREEMENT, and are executed in writing, signed by a duly authorized representative of each organization, and approved by COUNTY 's governing body. Such amendments will not invalidate this AGREEMENT, nor relieve or release COUNTY or SUB-RECIPIENT from its obligations under this AGREEMENT. I. Suspension or Termination In accordance with 2 CFR 200.338-9, COUNTY may suspend or terminate this AGREEMENT if SUB-RECIPIENT materially fails to comply with any terms of this AGREEMENT, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of SUB-RECIPIENT to fulfill in a timely and proper manner its obligations under this AGREEMENT. 3. Ineffective of improper use of funds provided under this AGREEMENT; or 4. Submission by SUB-RECIPIENT to COUNTY of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this AGREEMENT may also be terminated by either COUNTY or the SUB-RECIPIENT, in whole or in part, by setting forth the reasons for such 7 termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, COUNTY may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards SUB-RECIPIENT agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles SUB-RECIPIENT will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs SUB-RECIPIENT certifies that work to be performed under this AGREEMENT does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained SUB-RECIPIENT will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this AGREEMENT and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention COUNTY, COMMERCE, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of SUB- RECIPIENT that are directly pertinent to this AGREEMENT for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this AGREEMENT and work undertaken under this AGREEMENT will be retained by SUB-RECIPIENT for a period of six years after final audit of COUNTY 's CDBG PROJECT, unless a longer period is 8 required to resolve audit findings or litigation. In such cases, COUNTY will request a longer period of record retention. 3. Audits and Inspections All SUB-RECIPIENT records with respect to any matters covered by this AGREEMENT will be made available to COUNTY, COMMERCE and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUB-RECIPIENT within 30 days after receipt by the SUB-RECIPIENT. Failure of SUB-RECIPIENT to comply with the above audit requirements will constitute a violation of this AGREEMENT and may result in the withholding of future payments. SUB-RECIPIENT that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUB-RECIPIENT audits and 2 CFR 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income SUB-RECIPIENT will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this AGREEMENT. The use of program income by SUB-RECIPIENT will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The SUB-RECIPIENT, at such times and in such forms as COUNTY may require, will furnish COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this AGREEMENT, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this AGREEMENT. D. Use and Reversion of Assets The use and disposition of real property and equipment under this AGREEMENT will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. SUB-RECIPIENT will transfer to COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this AGREEMENT at the time of expiration, cancellation, or termination. 2. Real property under the SUB-RECIPIENT's control that was acquired or improved, in whole or in part, with funds under this AGREEMENT in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between COMMERCE and COUNTY is closed. If SUB- RECIPIENT fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, SUB-RECIPIENT will pay COUNTY an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute 9 program income to COUNTY. SUB-RECIPIENT may retain real property acquired or improved under this AGREEMENT after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this AGREEMENT is sold, the proceeds will be program income. Equipment not needed by SUB-RECIPIENT for activities under this AGREEMENT will be (a) transferred to COUNTY for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating COUNTY. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this AGREEMENT is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the PROJECT area; and contracts for work in connection with the PROJECT be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the PROJECT. 2. The PARTIES to this AGREEMENT will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and 10 COMMERCE issued thereunder prior to the execution of this AGREEMENT. The PARTIES to this AGREEMENT certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. SUB-RECIPIENT will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. SUB-RECIPIENT will include this Section 3 clause in every subcontract for work in connection with the PROJECT and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. SUB-RECIPIENT will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and COMMERCE issued hereunder prior to the execution of the AGREEMENT, will be a condition of the federal financial assistance provided to the PROJECT, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability SUB-RECIPIENT will not assign or transfer any interest in this AGREEMENT without the prior written consent of COUNTY thereto; provided, however, that claims for money due or to become due to SUB-RECIPIENT from COUNTY under this AGREEMENT may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to COUNTY and COMMERCE. 2. Conflict of Interest No member of COUNTY 's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the PROJECT, will have any personal financial interest, direct or indirect, in this AGREEMENT; and SUB-RECIPIENT will take appropriate steps to assure compliance. SUB-RECIPIENT agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. SUB-RECIPIENT covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest 11 which would conflict in any manner or degree with the performance of services hereunder. SUB-RECIPIENT further covenants that in the performance of this AGREEMENT, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this AGREEMENT 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. b. Where the lower tier contractor is unable to certify to any of the statements in this AGREEMENT, such contractor will attach an explanation to this AGREEMENT. c. The contractor further agrees by signing this AGREEMENT that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. D. Copyright If this AGREEMENT results in any copyrightable material or inventions, COUNTY and/or COMMERCE reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities SUB-RECIPIENT agrees that funds provided under this AGREEMENT will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization 11. SEVERABILITY If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT will not be affected thereby and all other parts of this AGREEMENT will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER COUNTY 's failure to act with respect to a breach by SUB-RECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The failure of COUNTY to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This AGREEMENT constitutes the entire agreement between COUNTY and SUB-RECIPIENT for the use of funds received under this AGREEMENT and it supersedes all prior communications and proposals, whether electronic, oral, or written between COUNTY and SUB-RECIPIENT with respect to this AGREEMENT. The attachments to this AGREEMENT are identified as follows: Exhibit A Scope-of-Work Exhibit B Budget Exhibit C Sample Forms and Instructions 12 IN WITNESS WHEREOF, COUNTY and SUB-RECIPIENT have executed this AGREEMENT as of the date and year last written below. WASHINGTON STATE UNIVERSITY BOARD OF COUNTY COMMISSIONERS MASON COUNTY EXTENSION MASON COUNTY, WASHINGTON Dan Nordquist, Associate Vice President Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: (—Tim-Wfiitehead, Chief DPA 13 EXHIBIT A SCOPE-OF -WORK Washington State University Mason County Extension called "SUB-RECIPIENT"will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (COMMERCE) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is the SUB-RECIPIENT's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Providing specialized training for participants as required based on identified needs. 2. Conducting a comprehensive PROJECT evaluation with follow-up evaluations as deemed necessary to maintain compliance. 3. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 4. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Jessica Sweet and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be provided for all staff hours billed to the grant. County will be responsible for submitting completed requests to COMMERCE. See" Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Jessica Sweet. County will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions. Submit to: Jessica Sweet Mason County 411 N. 5th Street Shelton, WA 98584 jsweet@co.mason.wa.us 5. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 6. Participate and support on-site compliance reviews conducted by COUNTY per CDBG requirements. 7. Assist COUNTY with all aspects of program administration and requirements including grant close- out process as requested. 14 EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of$26,558 allows for reimbursement requests for staff salaries and benefits and allowed indirect costs calculated at SUB-RECIPIEN's' approved rate. SUB-RECIPIENT can not use Community Development Block Grant (CDBG) funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies, other and/or indirect expenses. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Copies of signed timesheets must be submitted with each Washington State Voucher Distribution request. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, Washington Department of Commerce's (COMMERCE) CDBG Management Handbook and other guides as well as applicable Mason County's (COUNTY) policies and procedures. Washington State University Mason County Extension Microenterprise CDBG Grant Budget Personnel $14,755 Fringe Benefits $6,323 Travel $0 Equipment $0 Supplies $0 Contractual $0 Construction $0 Other $0 Total Direct$21,078 Indirect$5,480 Total$26,558 15 COMMUNITY DEVELOPMENT BLOCK GRANT MASON COUNTY and ENTERPRISE FOR EQUITY AMENDED SUB-RECIPIENT AGREEMENT This AMENDED AGREEMENT is made between Mason County, Washington herein "COUNTY" and Enterprise for Equity herein called "SUB-RECIPIENT." COUNTY and SUB-RECIPIENT are collectively referred to as "PARTIES" to this AGREEMENT. The AGREEMENT has been AMENDED due to a contract end-date extension granted by the Department of Commerce (AMENDMENT A) and a shift of budgetary funds within the scope of the original awarded amount (AMENDMENT B). As the Washington State Department of Commerce (COMMERCE) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government. COUNTY elected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and COUNTY has applied for and received a CDBG award, contract number 15-62210-043 granted under CFDA 14.228 for a microenterprise program, Building Connections-Strengthening Businesses in Mason County, herein called "PROJECT;" and As it benefits COUNTY to engage SUB-RECIPIENT to accomplish the Scope-of-Work and the objectives of the local CDBG project; The PARTIES agree that: 1. SCOPE OF SERVICES A. COUNTY's Responsibilities COUNTY is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with COMMERCE referenced above. COUNTY will provide such assistance and guidance to SUB- RECIPIENT as may be required to accomplish the objectives and conditions set forth in this AGREEMENT. Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient agreements • Let and award a contract for a consultant to perform outreach and technical assistance services • Establish administrative and other record keeping systems • Develop and establish CDBG microenterprise assistance program policies and procedures • Complete first tier environmental reviews. Review loans to determine if any second tier reviews are required • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plans and conduct on-site reviews • Ensure grant activities are completed • Resolve issues with COMMERCE • Conduct a final public hearing • Complete the grant close-out process with COMMERCE 1 B. SUB-RECIPIENT Responsibilities SUB-RECIPIENT will complete in a satisfactory and proper manner as determined by COUNTY the tasks and activities as detailed in "Exhibit A Scope-of-Work" to accomplish the objectives of the PROJECT. SUB-RECIPIENT will periodically meet with COUNTY to review the status of these tasks. Principal Tasks • Conduct outreach, public orientations and screen/enroll eligible participants who meet COMMERCE/HUD requirements • Provide training programs for eligible participants in Mason County • Provide loans for participants • Formulate and submit required reports and payment requests to COUNTY in an accurate and timely manner 2. PERFORMANCE PERIOD (AMENDMENT A) The effective date of this AGREEMENT will be the date the PARTIES sign and complete execution of this AGREEMENT through 9/30/18 with regards to the scope-of-work, reporting and activities will be in effect for the time period during which SUB-RECIPIENT remains in control of CDBG funds or other CDBG assets as defined and required by COMMERCE and/or HUD. The effective end date of 9/30/18 is an extension of six months from the original end date of 3/31/18. 3. AGREEMENT REPRESENTATIVES Each party to this AGREEMENT shall have a representative. Each party may change its representative upon providing written notice to the other party. The PARTIES' representatives are as follows: A. SUB-RECIPIENT: Lisa Smith, Executive Director Enterprise for Equity P. O. Box 1291 Olympia, WA 98507 360-704-3375 lisa@enterpriseforequity.org DUNS #623591901 B. COUNTY: Frank Pinter Mason County 411 N. 5th Street Shelton, WA 98584 360-427-9670 Ext. 530 fpinter@co.mason.wa.us: 4. BUDGET (AMENDMENT B) COUNTY will pass through to SUB-RECIPIENT no more than $120,373 in CDBG funds for eligible incurred costs and expenses for the PROGRAM as detailed in "Exhibit B Budget." Indirect Cost Rate if SUB-RECIPIENT chooses to charge Indirect under this grant, SUB- RECIPIENT shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 2 "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this AGREEMENT's Budget must first be determined by COUNTY as consistent with its CDBG contract with COMMERCE and then approved in writing by COUNTY and the SUB-RECIPIENT. 5. PAYMENT COUNTY shall reimburse SUB-RECIPIENT in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the PARTIES to complete the activities and tasks detailed in "Exhibit A Scope of Work" Reimbursement under this AGREEMENT will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the AGREEMENT. Funds available under this AGREEMENT will be utilized to supplement rather than supplant funds otherwise available. It is understood that this AGREEMENT is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by COMMERCE and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING COUNTY will monitor the performance of SUB-RECIPIENT by formulating and implementing a monitoring plan, tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by COUNTY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by SUB-RECIPIENT within a reasonable period of time after being notified by COUNTY, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS- A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the COUNTY promptly gives notice in writing to the SUB-RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the SUB- RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the SUB-RECIPIENT acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the 3 AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUB- RECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. Work Product-SUB-RECIPIENT will provide COUNTY with all work product including; plans, data, maps, as-builds, and reports prior to the release of the final payment for services E. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. SUB- RECIPIENT represents and warrants that it will, for at least the duration of this AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a) termination of this AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB- RECIPIENT would also be liable for any additional costs incurred by the COUNTY due to contract 4 cancellation or loss of license or permit." SUB-RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUB-RECIPIENT and COUNTY, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: SUB-RECIPIENT shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or COUNTY, or (2) the happening of any event or occurrence, unless SUB-RECIPIENT has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which SUB-RECIPIENT believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. SUB-RECIPIENT shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: SUB-RECIPIENT shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, SUB-RECIPIENT has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 5 J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: SUB-RECIPIENT will not communicate directly with COMMERCE concerning this PROJECT without COUNTY's prior approval. 8. GENERAL CONDITIONS A. General Compliance SUB-RECIPIENT agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this AGREEMENT. B. CDBG National Objective SUB-RECIPIENT certifies the activities carried out under this AGREEMENT meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this AGREEMENT is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the PARTIES. SUB-RECIPIENT will at all times remain an "independent contractor" with respect to the services to be performed under this AGREEMENT. COUNTY will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as SUB-RECIPIENT is an independent contractor. D. Indemnification To the fullest extent permitted by law, SUB-RECIPIENT agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the SUB-RECIPIENT, its employees, agents or volunteers or SUB-RECIPIENT 's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this AGREEMENT; or 3) are based upon SUB-RECIPIENT's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of SUB-RECIPIENT shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the SUB-RECIPIENT shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the SUB-RECIPIENT hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the SUB-RECIPIENT are a material inducement to COUNTY to enter into this AGREEMENT, are reflected in SUB- RECIPIENT 's compensation, and have been mutually negotiated by the PARTIES. 6 SUB-RECIPIENT's initials acknowledging indemnity terms: E. Workers' Compensation SUB-RECIPIENT will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this AGREEMENT. F. Insurance and Bonding SUB-RECIPIENT will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from COUNTY as detailed in "Exhibit C Insurance Requirements." SUB-RECIPIENT shall furnish COUNTY with properly executed certificate of insurance or a signed policy endorsement as "Exhibit D Certificate of Insurance" which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice COUNTY. G. Funding Source Recognition SUB-RECIPIENT will insure recognition of the roles of COMMERCE, the WA State CDBG program, and COUNTY in providing services through this AGREEMENT. All activities, facilities and items utilized pursuant to this AGREEMENT will be prominently labeled as to funding source. In addition, SUB-RECIPIENT will include a reference to the support provided herein in all publications made possible with funds made available under this AGREEMENT. H. Amendments COUNTY or SUB-RECIPIENT may amend this AGREEMENT at any time provided that such amendments make specific reference to this AGREEMENT, and are executed in writing, signed by a duly authorized representative of each organization, and approved by COUNTY 's governing body. Such amendments will not invalidate this AGREEMENT, nor relieve or release COUNTY or SUB-RECIPIENT from its obligations under this AGREEMENT. I. Suspension or Termination In accordance with 2 CFR 200.338-9, COUNTY may suspend or terminate this AGREEMENT if SUB-RECIPIENT materially fails to comply with any terms of this AGREEMENT, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of SUB-RECIPIENT to fulfill in a timely and proper manner its obligations under this AGREEMENT. 3. Ineffective of improper use of funds provided under this AGREEMENT; or 4. Submission by SUB-RECIPIENT to COUNTY of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this AGREEMENT may also be terminated by either COUNTY or the SUB-RECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, COUNTY determines that the 7 remaining portion of the award will not accomplish the purpose for which the award was made, COUNTY may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards SUB-RECIPIENT agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles SUB-RECIPIENT will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs SUB-RECIPIENT certifies that work to be performed under this AGREEMENT does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained SUB-RECIPIENT will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this AGREEMENT and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention COUNTY, COMMERCE, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of SUB- RECIPIENT that are directly pertinent to this AGREEMENT for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this AGREEMENT and work undertaken under this AGREEMENT will be retained by SUB-RECIPIENT for a period of six years after final audit of COUNTY 's CDBG PROJECT, unless a longer period is required to resolve audit findings or litigation. In such cases, COUNTY will request a longer period of record retention. 3. Audits and Inspections 8 All SUB-RECIPIENT records with respect to any matters covered by this AGREEMENT will be made available to COUNTY, COMMERCE and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUB-RECIPIENT within 30 days after receipt by the SUB-RECIPIENT. Failure of SUB-RECIPIENT to comply with the above audit requirements will constitute a violation of this AGREEMENT and may result in the withholding of future payments. SUB-RECIPIENT that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUB-RECIPIENT audits and 2 CFR 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income SUB-RECIPIENT will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this AGREEMENT. The use of program income by SUB-RECIPIENT will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The SUB-RECIPIENT, at such times and in such forms as COUNTY may require, will furnish COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this AGREEMENT, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this AGREEMENT. D. Use and Reversion of Assets The use and disposition of real property and equipment under this AGREEMENT will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. SUB-RECIPIENT will transfer to COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this AGREEMENT at the time of expiration, cancellation, or termination. 2. Real property under the SUB-RECIPIENT's control that was acquired or improved, in whole or in part, with funds under this AGREEMENT in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between COMMERCE and COUNTY is closed. If SUB- RECIPIENT fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, SUB-RECIPIENT will pay COUNTY an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to COUNTY. SUB-RECIPIENT may retain real property acquired or improved under this AGREEMENT after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this AGREEMENT is sold, the proceeds will be program income. Equipment not needed by 9 SUB-RECIPIENT for activities under this AGREEMENT will be (a) transferred to COUNTY for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating COUNTY. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this AGREEMENT is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the PROJECT area; and contracts for work in connection with the PROJECT be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the PROJECT. 2. The PARTIES to this AGREEMENT will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and COMMERCE issued thereunder prior to the execution of this AGREEMENT. The PARTIES to this AGREEMENT certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. SUB-RECIPIENT will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if 10 any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. SUB-RECIPIENT will include this Section 3 clause in every subcontract for work in connection with the PROJECT and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. SUB-RECIPIENT will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and COMMERCE issued hereunder prior to the execution of the AGREEMENT, will be a condition of the federal financial assistance provided to the PROJECT, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability SUB-RECIPIENT will not assign or transfer any interest in this AGREEMENT without the prior written consent of COUNTY thereto; provided, however, that claims for money due or to become due to SUB-RECIPIENT from COUNTY under this AGREEMENT may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to COUNTY and COMMERCE. 2. Conflict of Interest No member of COUNTY 's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the PROJECT, will have any personal financial interest, direct or indirect, in this AGREEMENT; and SUB-RECIPIENT will take appropriate steps to assure compliance. SUB-RECIPIENT agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. SUB-RECIPIENT covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. SUB-RECIPIENT further covenants that in the performance of this AGREEMENT, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 11 a. The lower tier contractor certifies, by signing this AGREEMENT 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. b. Where the lower tier contractor is unable to certify to any of the statements in this AGREEMENT, such contractor will attach an explanation to this AGREEMENT. c. The contractor further agrees by signing this AGREEMENT that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. D. Copyright If this AGREEMENT results in any copyrightable material or inventions, COUNTY and/or COMMERCE reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities SUB-RECIPIENT agrees that funds provided under this AGREEMENT will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization 11. SEVERABILITY If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT will not be affected thereby and all other parts of this AGREEMENT will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER COUNTY 's failure to act with respect to a breach by SUB-RECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The failure of COUNTY to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This AGREEMENT constitutes the entire agreement between COUNTY and SUB-RECIPIENT for the use of funds received under this AGREEMENT and it supersedes all prior communications and proposals, whether electronic, oral, or written between COUNTY and SUB-RECIPIENT with respect to this AGREEMENT. The attachments to this AGREEMENT are identified as follows: Exhibit A Scope-of-Work Exhibit B Budget Exhibit C Insurance Requirements Exhibit D Certificate of Insurance Exhibit E Sample Forms and Instructions IN WITNESS WHEREOF, COUNTY and SUB-RECIPIENT have executed this AGREEMENT as of the date and year last written below. 12 ENTERPRISE FOR EQUITY BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Lisa Smith, Executive Director Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim White ,-Chief*0PA 13 EXHIBIT A SCOPE-OF -WORK Enterprise for Equity (SUB-RECIPIENT) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (COMMERCE) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is SUB-RECIPIENT's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct outreach, public orientations and screening/enrolling participants per CDBG eligibility requirements. SUB-RECIPIENT must ensure effective outreach and recruitment for participants who are or will be minority and/or women owned microenterprises. 2. Provide a minimum of three (3) microenterprise training programs for eligible participants in Mason County. Participants are to be Mason County residents. Training locations are to vary throughout the County as to ensure that all residents are provided the opportunity to participate in the program. 3. Provide business builder training in Mason County for eligible participants. Participants are to be Mason County residents. Training locations are to vary throughout the County as to ensure that all residents are provided the opportunity to participate in the program. 4. Coordinate efforts with PROJECTS contracted outreach and technical assistance contracted provider. Provide direction, schedule one-ori-one consultation support service for participants, coordinate provision of technical assistance and other efforts as requested by COUNTY. 5. Review and update SUB-RECIPIENT's current loan program policies and procedures to ensure that they are compliant with CDBG loan program requirements. Loan applications that are not approved by SUB-RECIPIENT's Loan Committee must be forwarded to COUNTY with a justification for the rejection. COUNTY reserve the right to appeal decision. COUNTY reserves the right to review and approve any or all loans provided through the PROJECT. 6. Actively recruit a Mason County resident to serve on SUB-RECIPIENT's Loan Committee. 7. Process and qualify eligible participants for microenterprise loans of up to $25,000 per SUB- RECIPIENT's policies and procedures as well as COUNTY Commerce, other local and state and federal laws, rules and regulations. Loans funds to be provided under a separate SUB-RECIPIENT agreement. 8. Conduct a second tier environmental review/NEPA per CDBG requirements for each loan prior to approval. SUB-RECIPIENT will forward a copy of each completed form to COUNTY. COUNTY will not release loan funds without the required documentation. 9. Participate in the formulation and implementation of COUNTY's Program Income Re-use Plan. 10. Provide COUNTY with the most recently submitted IRS form 990 within 30 days of the start of this AGREEMENT. 14 11. Develop and implement procurement policies and procedures that are compliant with 2 CFR Part 200 sections 317-326 prior to October 31, 2016. SUB-RECIPIENT must provide a copy to COUNTY. 12. Develop a tool to track PROJECT data for reporting and program development purposes. 13. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB-RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 14. Expense Detail, Voucher Requests and Reports: A. Provide a detailed list of expenses being billed by budget expense category with expense category sub-totals as well as an invoice total. Signed and certified timesheets must be provided for all staff hours billed to the grant. Back-up documentation must be provided for all expenses in the form of copies of receipts, mileage logs, contracted service provider invoices or other as appropriate. B. Formulate and submit a Washington State Voucher Distribution request (form A19) to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. Monthly requests will be allowed and will be due no later than the 15th of the following month. Submission to include one digital copy in WORD e-mailed to Jessica Sweet and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. County will be responsible for submitting completed requests to COMMERCE. See" Exhibit E Sample Forms and Instructions." C. Report program income as required by COUNTY's Program Income Re-use Plan and CDBG requirements including the completion and submission of the CDBG Program Income Form. See Exhibit E Sample Forms and Instructions. D. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Jessica Sweet. County will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions. Submit to: Jessica Sweet Mason County 411 N. 5th Street Shelton, WA 98584 JSweet@co.mason.wa.us 15. Ensure that all outreach, education, training curricula and other documents and/or media includes the required CDBG civil rights language. 16. Provide copies of all outreach, education, training curricula and participant sign-in sheets to COUNTY 17. Ensure that PROGRAM performance measures are met including providing 221 individuals with microenterprise training, 20 business owners with technical assistance and 4-6 microenterprises loans. 18. Participate in a loan program compliance review conducted by COUNTY and remediate any identified issues within 60 days of the review. 15 19. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 20. Participate and support on-site compliance reviews conducted by COUNTY per CDBG requirements. 21. Assist COUNTY with all aspects of program administration and requirements including grant close- out process as requested. 16 EXHIBIT B Budget 1. The approved project budget for SUB-RECIPIENT of$120,373 allows for reimbursement requests for staff salaries and benefits, supplies, contracted trainers, local mileage, printing, facility rental and a 10% de minimum indirect cost rate. SUB-RECIPIENT can not use Community Development Block Grant (CDBG) funds from this AGREEMENT for any expenses not detailed on the budget without prior approval. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Copies of signed timesheets must be submitted with each Washington State Voucher Distribution request. 4. Mileage will be reimbursed at the current Washington State rate. 5. Loan funds will be provided to SUB-RECIPIENT under a separate agreement. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, Washington Department of Commerce's CDBG Management Handbook and other guides as well as applicable Mason County's policies and procedures. 17 Enterprise for Equity(E4E) Budget(Amended) Expense Categories Computation Total Personnel Lisa Smith, Project Director 20 hFs peF menth @ $35 ^ "hE)UF X '8 FAGRths Amended $32,000 Beth Henriquez,Training Director 50 L,.S ^^'meet" @ t" ^e'"^W"X '8 ^A^^th5 Amended $26,100 Lauren O'Neill,Administrative Assist 32 hFS ^^F ^A^^th @ $ ^ ^^r h^„r x 18 meRthS Amended $630 To be Hired, Business Specialist 12 hFs ^^F^Rent" @ $30 ^^• 1 ^L IF M 18 rnenths Amended $1,500 Bassie Whipple $801.53 Kiana Diaz,Administrative Assist $1,500 Personnel Total $62,531.53 Base-FICA @ 6.2%, Medicare @ 1.45%, Unemployment @ Fringe Benefits 2.42%, EAF @ 0.03%= 10.1% L&I at$0.1588 per hr Lisa Smith, Project Director $32,000 @ 10.1%_ $3232+ 360 hFs @ $0.1580-4&7 $3,232 Beth Henriquez,Training Director $26,100 @ 10.1%_ $2636.10+ 900 hFs @ $8.1588 4143 $2,636.10 Lauren O'Neill,Administrative Assist $630 @ 10.1%_ $63.631- 5'6 hFs @ $04598-4 $63.63 To be Hired, Business Specialist $1500 @ 10.1%_$151.50 +-2216 IRFS @ $0.15834 $151.50 Kiana Diaz, Administrative Assist $1500 @ 10.1%= $151.50 $151.50 Fringe Benefits Total $6,234.73 Workshop materials and supplies such as folders, pens, Supplies toner and paperg Supplies Total $4,718.20 Contractual 2 Comprehensive Training Programs 2 $7200; 5 Business Builder Workshop @ $1200; 2 Financial Education 8 Class Contracted Trainers Series @ $1500 $23,400 Contractual Total $23,400 Other $4,069 Local Mileage 9000 miles @ $0.54 per mile (or current WA State rate) $4,300 30 Manuals at$30 Graphic Design 6 hrs @ $45; Flyers, $1,496 Printing brochures, etc$236 $1,035.54 Training Facilities Rent/Lease 40 , ay x '^ days Amended $7,210 Other Total $12,545.54 18 Total Direct $109,430 Indirect @ 10%de Minimum Rate $10,943 Total $120,373 19 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or SUB-RECIPIENT 's employees will use personal autos in any way on this PROJECT, SUB-RECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of SUB-RECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s, subcontractors, and anyone else involved in this AGREEMENT on behalf of the SUB-RECIPIENT (hereinafter "indemnifying PARTIES") to comply with these provisions. B. SUB-RECIPIENT agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB- RECIPIENT pursuant to this AGREEMENT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. SUB-RECIPIENT shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 20 E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this AGREEMENT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB-RECIPIENT. F. It is acknowledged by the PARTIES of this AGREEMENT that all insurance coverage required to be provided by SUB-RECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. G. SUB-RECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If SUB-RECIPIENT 's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with SUB-RECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUB-RECIPIENT will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this AGREEMENT. This obligation applies whether or not the AGREEMENT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 21 COMMUNITY DEVELOPMENT BLOCK GRANT MASON COUNTY and ECONOMIC DEVELOPMENT COUNCIL of MASON COUNTY AMENDED PROFESSIONAL SERVICES AGREEMENT This AMENDED AGREEMENT is made between Mason County, Washington herein "COUNTY" and Economic Development Council of Mason County (EDC) herein called "SUB-RECIPIENT." COUNTY and SUB-RECIPIENT are collectively referred to as "PARTIES" to this AGREEMENT. The AGREEMENT has been AMENDED due to a contract end-date extension granted by the Department of Commerce (AMENDMENT A). WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, the Washington State Department of Commerce (COMMERCE) is authorized by the federal Department of Housing and Urban Development (HUD) to provide State Community Development Block Grant Program funds (CDBG) to units of local government selected to undertake and carry out certain programs and projects under the Washington State Community Development Block Grant Program in compliance with all applicable local, state, and federal laws, regulations and policies, and Whereas, COUNTY has applied for and received a CDBG award, contract number 15-62210- 043 granted under CFDA 14.228 for a microenterprise program, Building Connections- Strengthening Businesses in Mason County, herein called "PROJECT;" and WHEREAS, it would be beneficial to COUNTY to utilize an independent entity to accomplish the Scope-of-Work as set forth herein and such endeavor would tend to best accomplish the objectives of the local CDBG project; Whereas, COUNTY posted a Request for Proposals (RFP) soliciting proposals for a contracted service provider to conduct and provide PROJECT marketing, education and outreach activities as well as technical assistance for businesses and individuals who are program participants. COUNTY has awarded the contract to two organizations, the EDC and the North Mason Chamber of Commerce (NM); and Whereas, it benefits COUNTY to engage CONTRACTOR to accomplish the Scope-of-Work and the objectives of the local CDBG project and the PARTIES are desirous of entering into a contract to formalize their relationship, and WHEREAS, the Scope-of-Work included in this AGREEMENT is authorized as part of COUNTY's approved CDBG project, and NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions contained herein, and the mutual benefits to be derived therefrom, the parties hereto agree as follows: 1. Services to be Provided by the Parties: A. The CONTRACTOR shall complete in a satisfactory and proper manner as determined by COUNTY the work activities described in "Exhibit A Scope-of-Work." B. COUNTY will provide such assistance and guidance as may be required to support the objectives set forth in the Scope of Work and will provide compensation for services as set forth in "Exhibit B Compensation." 2. Performance Period (AMENDMENT A): The effective date of this AGREEMENT will be the date the PARTIES sign and complete execution of this AGREEMENT through 9/30/18 with regards to the scope-of-work, reporting and activities will be in effect for the time period during which SUB-RECIPIENT remains in control of CDBG funds or other CDBG assets as defined and required by COMMERCE and/or HUD. The effective end date of 9/30/18 is an extension of six months from the original end date of 3/31/18. 3. Compensation: COUNTY shall reimburse the CONTRACTOR in accordance with "Exhibit B Compensation" of the AGREEMENT for all allowable expenses agreed upon by the parties to complete the Scope- of-Work. In no event shall the total amount to be reimbursed by COUNTY exceed the sum of $20,000. Reimbursement under this contract shall be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement shall not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. It is understood that this contract is funded in whole or in part with CDBG funds through the Washington State Community Development Block Grant Program as administered by COMMERCE and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the state may prescribe. SPECIAL CONDITIONS: 4. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. 5. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 6. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. Work Product-CONTRACTOR will provide COUNTY with all work product including: media including printed, video and other; data, reports and similar prior to the release of the final payment for services 7. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR R shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given the COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 8. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 9. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for Mason County. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. 10. Communication: CONTRACTOR will not communicate directly with COMMERCE concerning this PROJECT without COUNTY's prior approval. GENERAL CONDITIONS: 11. Records: The CONTRACTOR agrees to maintain such records and follow such procedures as may be required under the state's CDBG Program and any such procedures as COUNTY or COMMERCE may prescribe. In general, such records will include information pertaining to the contract, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance. All such records and all other records pertinent to this contract and work undertaken under this contract shall be retained by the CONTRACTOR for a period of three years after final audit of COUNTY's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, COUNTY shall request a longer period of record retention. COUNTY, COMMERCE and other authorized representatives of the state and federal government shall have access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to the contract for the purpose of making audit, examination, excerpts, and transcriptions. COUNTY, COMMERCE and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents, papers, records and books of the CONTRACTOR involving transactions related to this local program and contract. 12. Relationship: The relationship of the CONTRACTOR to COUNTY shall be that of an independent CONTRACTOR rendering professional services. The CONTRACTOR shall have no authority to execute contracts or to make commitments on behalf of COUNTY and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between COUNTY and the CONTRACTOR. 13. Suspension, Termination, and Close Out: If the CONTRACTOR fails to comply with the terms and conditions of this contract, COUNTY may pursue such remedies as are legally available, including but not limited to, the suspension or termination of this contract in the manner specified herein: A. Suspension - If the CONTRACTOR fails to comply with the terms and conditions of this contract, or whenever the CONTRACTOR is unable to substantiate full compliance with provisions of this contract, COUNTY may suspend the contract pending corrective actions or investigation, effective not less than seven (7) days following written notification to the CONTRACTOR or its authorized representative. The suspension will remain in full force and effect until the CONTRACTOR has taken corrective action to the satisfaction of COUNTY and is able to substantiate its full compliance with the terms and conditions of this contract. No obligations incurred by the CONTRACTOR or its authorized representative during the period of suspension will be allowable under the contract except: A.1 Reasonable, proper and otherwise allowable costs which the CONTRACTOR could not avoid during the period of suspension; A.2 If upon investigation, the CONTRACTOR is able to substantiate complete compliance with the terms and conditions of this contract, otherwise allowable costs incurred during the period of suspension will be allowed; and A.3 In the event all or any portion of the work prepared or partially prepared by the CONTRACTOR is suspended, abandoned or otherwise terminated, COUNTY shall pay the CONTRACTOR for work performed to the satisfaction of COUNTY, in accordance with the percentage of the work completed. B. Termination for Cause — If the CONTRACTOR fails to comply with the terms and conditions of this contract and any of the following conditions exists: B.1 The lack of compliance with the provisions of this contract were of such scope and nature that COUNTY deems continuation of the contract to be substantially detrimental to the interests of COUNTY; B.2 The CONTRACTOR has failed to take satisfactory action as directed by COUNTY or its authorized representative within the time period specified by same; B.3 The CONTRACTOR has failed within the time specified by COUNTY or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this contract; then, COUNTY may terminate this contract in whole or in part, and thereupon shall notify the CONTRACTOR of termination, the reasons therefore, and the effective date, provided such effective date shall not be prior to notification of the CONTRACTOR. After the effective date, no charges incurred under any terminated portions of the Scope-of-Work are allowable. C. Termination for Other Grounds —This contract may also be terminated in whole or in part: C.1 By COUNTY, with the consent of the CONTRACTOR, or by the CONTRACTOR with the consent of COUNTY, in which case the two parties shall devise by mutual agreement, the conditions of termination, including effective date and in case of termination in part, that portion to be terminated; C.2 If the funds allocated by COUNTY via this contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services; C.3 In the event COUNTY fails to pay the CONTRACTOR promptly or within sixty (60) days after invoices are rendered, COUNTY agrees that the CONTRACTOR shall have the right to consider said default a breach of this agreement and the duties of the CONTRACTOR under this agreement terminated. In such event, COUNTY shall then promptly pay the CONTRACTOR for all services performed and all allowable expenses incurred; and CA COUNTY may terminate this contract at any time giving at least ten (10) days notice in writing to the CONTRACTOR. If the contract is terminated for convenience of COUNTY as provided herein, the CONTRACTOR will be paid for time provided and expenses incurred up to the termination date. 14. Changes, Amendments, Modifications: COUNTY may, from time to time, require changes or modifications in the Scope-of-Work to be performed. Such changes, including any decrease or increase in the amount of compensation, which are mutually agreed upon by COUNTY and the CONTRACTOR shall be incorporated in written amendments to this contract. Amendments-COUNTY or CONTRACTOR may amend this AGREEMENT at any time provided that such amendments make specific reference to this AGREEMENT, and are executed in writing, signed by a duly authorized representative of each organization, and approved by COUNTY 's governing body. Such amendments will not invalidate this AGREEMENT, nor relieve or release COUNTY or CONTRACTOR from its obligations under this AGREEMENT. 15. Personnel: The CONTRACTOR represents that he/she has, or will secure at his/her own expense, all personnel required in order to perform under this contract. Such personnel shall not be employees of, or have any contractual relationship to, COUNTY. All services required hereunder will be performed by the CONTRACTOR or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under federal, state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without prior written approval of COUNTY. Any work or services subcontracted hereunder shall be specified in written contract or agreement and shall be subject to each provision of this contract. 16. Assignability: The CONTRACTOR shall not assign any interest on this contract, and shall not transfer any interest on this contract (whether by assignment or notation), without prior written consent of COUNTY thereto; provided, however, that claims for money by the CONTRACTOR from COUNTY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to COUNTY by the CONTRACTOR. 17. Periodic Reports The CONTRACTOR, at such times and in such forms as COUNTY may require, will furnish COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this AGREEMENT, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this AGREEMENT. 18. Findings Confidential: All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this contract are confidential and the CONTRACTOR agrees that they shall not be made available to any individual or organization without prior written approval of COUNTY. 19. Copyright: No report, maps or other documents produced in whole or in part under this AGREEMENT shall be subject of an application for copyright by or on behalf of the CONTRACTOR. If this AGREEMENT results in any copyrightable material or inventions, COUNTY and/or COMMERCE reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 20. Compliance with Local Laws: The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the state and local government and the CONTRACTOR shall save COUNTY harmless with respect to any damages arising from any tort done in performing any of the work embraced by this contract. 21. Funding Source Recognition: CONTRACTOR will insure recognition of the roles of COMMERCE, the WA State CDBG program, and COUNTY in providing services through this AGREEMENT. All activities, facilities and items utilized pursuant to this AGREEMENT will be prominently labeled as to funding source. In addition, CONTRACTOR will include a reference to the support provided herein in all publications made possible with funds made available under this AGREEMENT. 22. Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 23. Section 109 of the Housing and Community Development Act of 1974: No person in the United States shall on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 24. Age Discrimination Act of 1975, as Amended: No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) 25. Section 504 of the Rehabilitation Act of 1973, as Amended: No otherwise qualified individual shall, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) 26. Public Law 101-336, Americans with Disabilities Act of 1990: Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 27. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: A. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR 135, and all applicable rules and orders of HUD and COMMERCE issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. C. The CONTRACTOR will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The CONTRACTOR will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and COMMERCE issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant, or recipient, its CONTRACTORS and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 28. Interest of Members of COUNTY: No member of the governing body of COUNTY and no other officer, employee, or agent of COUNTY who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct, or indirect, in this contract; and the CONTRACTOR shall also take appropriate steps to assure compliance. 29. Interest of Other Public Officials: No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this contract; and the CONTRACTOR shall take appropriate steps to assure compliance. 30. Conflict of Interest Provision: No member of COUNTY 's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the PROJECT, will have any personal financial interest, direct or indirect, in this AGREEMENT; and CONTRACTOR will take appropriate steps to assure compliance. CONTRACTOR agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. CONTRACTOR covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. CONTRACTOR further covenants that in the performance of this AGREEMENT, no person having such interest will be employed. 31. Audits and Inspections: COUNTY, COMMERCE, the State Auditor, and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDBG project and this contract, by whatever legal and reasonable means are deemed expedient by COUNTY, COMMERCE, the State Auditor and HUD. 32. Indemnification: To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR 's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this AGREEMENT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this AGREEMENT, are reflected in CONTRACTOR 's compensation, and have been mutually negotiated by the PARTIES. 33. Insurance and Bonding: CONTRACTOR will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from COUNTY as detailed in "Exhibit C Insurance Requirements." CONTRACTOR shall furnish COUNTY with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice COUNTY. 34. Agreement Representatives: Each party to this AGREEMENT shall have a representative. Each party may change its representative upon providing written notice to the other party. The party's representatives are as follows: CONTRACTOR: Karin Leaf, Economic Development Council 2948 Olympic Hwy N Shelton, WA 98584 Phone: 360-426-2279 E-mail: karin@choosemason.com DUNS #180162240 EIN# 91-1228817 COUNTY: (Administrative Officer) Frank Pinter, Support Services Director Mason County 411 N. 5th Street Shelton, WA 98584 360-427-9670 Ext. 530 fpi nter@co.mason.wa.us 35. Severability: If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT will not be affected thereby and all other parts of this AGREEMENT will nevertheless be in full force and effect. 36. Performance Waiver: COUNTY 's failure to act with respect to a breach by CONTRACTOR does not waive its right to act with respect to subsequent or similar breaches. The failure of COUNTY to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 37. Entire Agreement: This AGREEMENT constitutes the entire agreement between COUNTY and CONTRACTOR for the use of funds received under this AGREEMENT and it supersedes all prior communications and proposals, whether electronic, oral, or written between COUNTY and CONTRACTOR with respect to this AGREEMENT. The attachments to this AGREEMENT are identified as follows: Exhibit A Scope-of-Work Exhibit B Compensation Exhibit C Insurance Requirements IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this AGREEMENT as of the date and year last written below. ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS of MASON COUNTY MASON COUNTY, WASHINGTON Karin Leaf, Economic Development Council Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA EXHIBIT A SCOPE-OF-WORK Economic Development Council of Mason County (CONTRACTOR) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (COMMERCE) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is the CONTRACTOR's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-CONTRACTOR will: 1. Formulate a joint Service Plan (Plan) in partnership with the North Mason Chamber of Commerce (NM) with two components with one being the marketing, education and outreach activities and the other the provision technical assistance for participants. The Plan is to clearly define the roles and responsibilities of each organization as well as: A. Outreach, education and marketing approach with milestones (see requirements in #2 below) B. Technical Assistance provision approach with milestones (EDC only) C. Plan timeline. D. Total budget broken down by organization. The Plan will need to be submitted to COUNTY for review on or before October 7, 2016. 2. Ensure RFP Outreach Requirements Are Met: A. Conduct an effective outreach campaign that will reach a minimum of 5,000 individuals throughout the County focused on promoting the program and motivating eligible individuals to participate. B. Formulate and implement a County-wide outreach plan focused on increasing awareness of the PROJECT including the training and technical assistance that is available for participating individuals and businesses. 3. Develop marketing material and media in coordination with the NM that reflects the PROJECT with a consistent "look" and style. SUB-CONTRACTOR must include required Civil Rights language and COMMERCE acknowledgement as detailed in the AGREEMENT and/or in COMMERCE's CDBG Management Handbook and other guides as applicable. 4. Provide technical assistance as requested by program partner, Enterprise for Equity for up to ten (10) participating individuals or businesses. 5. Coordinate activities with other PROJECT partners and participate at partner meetings when requested. 6. Collect, track and report any applicable PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. Required data and reports are to be submitted to Enterprise for Equity in the format requested. 7. Provide copies of all outreach materials and media, event information and sign-in sheets and other documents and/or materials to COUNTY 8. Participate in PROJECT meetings. 9. Participate and support PROJECT evaluations conducted by partners. 10. Assist COUNTY with all aspects of program administration and requirements including grant close-out process as requested. EXHIBIT B Budget 1. The approved project budget for CONTRACTOR of$20,000 allows for reimbursement requests for staff salaries and benefits, supplies, local mileage, printing, facility rental and other approved costs. Budget to be detailed in the Service Plan. 2. Mileage will be reimbursed at the current Washington State rate. 3. Procurement of goods and services must be completed in compliance with CDBG and COMMERCE's requirements. 4. Invoices and Payment Requests: A. Provide an invoice detailing the expenses being billed well as an invoice total. Signed and certified timesheets must be provided for all hours billed to the grant. Back-up documentation must be provided for all expenses in the form of copies of receipts, mileage logs, contracted service provider invoices or other as appropriate. B. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; expense detail for payment being requested with required documentation; and a signed certification stating that the information provided is true and correct; and any additional applicable information. C. Submit via e-mail or hard copy as preferred to: Jessica Sweet Mason County 411 N. 5th Street Shelton, WA 98584 JSweet@co.mason.wa.us 5. Status Report: CONTRACTOR must submit a Status Report with each invoice that includes: a summary of the activities completed during the performance period including quantitative numbers such as participants attending or businesses contacted; a summary of upcoming activities; current or potential challenges; and a summary of any PROJECT successes or community impacts. Submit via e-mail or hard copy as preferred to: EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this PROJECT, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A Certificate of Insurance is required naming COUNTY as an additional insured. The Certificate must be provided to COUNTY within five (5) days of CONTRACT execution. 3. Basic Stipulations: A. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all CONTRACTOR 's, subcontractors, and anyone else involved in this AGREEMENT on behalf of the CONTRACTOR (hereinafter "indemnifying PARTIES") to comply with these provisions. B. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. C. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this AGREEMENT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this AGREEMENT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. F. It is acknowledged by the parties of this AGREEMENT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. G. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. H. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this AGREEMENT. This obligation applies whether or not the AGREEMENT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. I. It is acknowledged by the parties of this AGREEMENT that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, is intended to apply on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. COMMUNITY DEVELOPMENT BLOCK GRANT MASON COUNTY and NORTH MASON CHAMBER OF COMMERCE AMENDED PROFESSIONAL SERVICES AGREEMENT This AMENDED AGREEMENT is made between Mason County, Washington herein "COUNTY" and the North Mason Chamber of Commerce herein called "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as parties to this AGREEMENT. The AGREEMENT has been AMENDED due to a contract end-date extension granted by the Department of Commerce (AMENDMENT A) and a shift of budgetary funds within the scope of the original awarded amount (AMENDMENT B). WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, the Washington State Department of Commerce (COMMERCE) is authorized by the federal Department of Housing and Urban Development (HUD) to provide State Community Development Block Grant Program funds (CDBG) to units of local government selected to undertake and carry out certain programs and projects under the Washington State Community Development Block Grant Program in compliance with all applicable local, state, and federal laws, regulations and policies, and Whereas, COUNTY has applied for and received a CDBG award, contract number 15-62210- 043 granted under CFDA 14.228 for a microenterprise program, Building Connections- Strengthening Businesses in Mason County, herein called "PROJECT;" and WHEREAS, it would be beneficial to COUNTY to utilize an independent entity to accomplish the Scope-of-Work as set forth herein and such endeavor would tend to best accomplish the objectives of the local CDBG project; Whereas, COUNTY posted a Request for Proposals (RFP) soliciting proposals for a contracted service provider to conduct and provide PROJECT marketing, education and outreach activities as well as technical assistance for businesses and individuals who are program participants. COUNTY has awarded the contract to two organizations, the Economic Development Council of Mason County (EDC) and the North Mason Chamber of Commerce (NM); and Whereas, it benefits COUNTY to engage CONTRACTOR to accomplish the Scope-of-Work and the objectives of the local CDBG project and the PARTIES are desirous of entering into a contract to formalize their relationship, and WHEREAS, the Scope-of-Work included in this AGREEMENT is authorized as part of COUNTY's approved CDBG project, and NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions contained herein, and the mutual benefits to be derived therefrom, the parties hereto agree as follows: 1. Services to be Provided by the Parties: A. The CONTRACTOR shall complete in a satisfactory and proper manner as determined by COUNTY the work activities described in "Exhibit A Scope-of-Work." B. COUNTY will provide such assistance and guidance as may be required to support the objectives set forth in the Scope of Work and will provide compensation for services as set forth in "Exhibit B Compensation." 2. Performance Period (AMENDMENT A): The effective date of this AGREEMENT will be the date the PARTIES sign and complete execution of this AGREEMENT through 9/30/18 with regards to the scope-of-work, reporting and activities will be in effect for the time period during which SUB-RECIPIENT remains in control of CDBG funds or other CDBG assets as defined and required by COMMERCE and/or HUD. The effective end date of 9/30/18 is an extension of six months from the original end date of 3/31/18. 3. Compensation (AMENDMENT B): COUNTY shall reimburse the CONTRACTOR in accordance with "Exhibit B Compensation" of the AGREEMENT for all allowable expenses agreed upon by the parties to complete the Scope- of-Work. In no event shall the total amount to be reimbursed by COUNTY exceed the sum of $18,000. This amount was AMENDED from the original reimbursement amount of$10,000. Reimbursement under this contract shall be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement shall not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. It is understood that this contract is funded in whole or in part with CDBG funds through the Washington State Community Development Block Grant Program as administered by COMMERCE and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the state may prescribe. SPECIAL CONDITIONS: 4. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. 5. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 6. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. Work Product-CONTRACTOR will provide COUNTY with all work product including: media including printed, video and other; data, reports and similar prior to the release of the final payment for services 7. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR R shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given the COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 8. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 9. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for Mason County. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. 10. Communication: CONTRACTOR will not communicate directly with COMMERCE concerning this PROJECT without COUNTY's prior approval. GENERAL CONDITIONS: 11. Records: The CONTRACTOR agrees to maintain such records and follow such procedures as may be required under the state's CDBG Program and any such procedures as COUNTY or COMMERCE may prescribe. In general, such records will include information pertaining to the contract, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance. All such records and all other records pertinent to this contract and work undertaken under this contract shall be retained by the CONTRACTOR for a period of three years after final audit of COUNTY's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, COUNTY shall request a longer period of record retention. COUNTY, COMMERCE and other authorized representatives of the state and federal government shall have access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to the contract for the purpose of making audit, examination, excerpts, and transcriptions. COUNTY, COMMERCE and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents, papers, records and books of the CONTRACTOR involving transactions related to this local program and contract. 12. Relationship: The relationship of the CONTRACTOR to COUNTY shall be that of an independent CONTRACTOR rendering professional services. The CONTRACTOR shall have no authority to execute contracts or to make commitments on behalf of COUNTY and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between COUNTY and the CONTRACTOR. 13. Suspension, Termination, and Close Out: If the CONTRACTOR fails to comply with the terms and conditions of this contract, COUNTY may pursue such remedies as are legally available, including but not limited to, the suspension or termination of this contract in the manner specified herein: A. Suspension - If the CONTRACTOR fails to comply with the terms and conditions of this contract, or whenever the CONTRACTOR is unable to substantiate full compliance with provisions of this contract, COUNTY may suspend the contract pending corrective actions or investigation, effective not less than seven (7) days following written notification to the CONTRACTOR or its authorized representative. The suspension will remain in full force and effect until the CONTRACTOR has taken corrective action to the satisfaction of COUNTY and is able to substantiate its full compliance with the terms and conditions of this contract. No obligations incurred by the CONTRACTOR or its authorized representative during the period of suspension will be allowable under the contract except: A.1 Reasonable, proper and otherwise allowable costs which the CONTRACTOR could not avoid during the period of suspension; A.2 If upon investigation, the CONTRACTOR is able to substantiate complete compliance with the terms and conditions of this contract, otherwise allowable costs incurred during the period of suspension will be allowed; and A.3 In the event all or any portion of the work prepared or partially prepared by the CONTRACTOR is suspended, abandoned or otherwise terminated, COUNTY shall pay the CONTRACTOR for work performed to the satisfaction of COUNTY, in accordance with the percentage of the work completed. B. Termination for Cause — If the CONTRACTOR fails to comply with the terms and conditions of this contract and any of the following conditions exists: B.1 The lack of compliance with the provisions of this contract were of such scope and nature that COUNTY deems continuation of the contract to be substantially detrimental to the interests of COUNTY; B.2 The CONTRACTOR has failed to take satisfactory action as directed by COUNTY or its authorized representative within the time period specified by same; B.3 The CONTRACTOR has failed within the time specified by COUNTY or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this contract; then, COUNTY may terminate this contract in whole or in part, and thereupon shall notify the CONTRACTOR of termination, the reasons therefore, and the effective date, provided such effective date shall not be prior to notification of the CONTRACTOR. After the effective date, no charges incurred under any terminated portions of the Scope-of-Work are allowable. C. Termination for Other Grounds—This contract may also be terminated in whole or in part: C.1 By COUNTY, with the consent of the CONTRACTOR, or by the CONTRACTOR with the consent of COUNTY, in which case the two parties shall devise by mutual agreement, the conditions of termination, including effective date and in case of termination in part, that portion to be terminated; C.2 If the funds allocated by COUNTY via this contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services; C.3 In the event COUNTY fails to pay the CONTRACTOR promptly or within sixty (60) days after invoices are rendered, COUNTY agrees that the CONTRACTOR shall have the right to consider said default a breach of this agreement and the duties of the CONTRACTOR under this agreement terminated. In such event, COUNTY shall then promptly pay the CONTRACTOR for all services performed and all allowable expenses incurred; and CA COUNTY may terminate this contract at any time giving at least ten (10) days notice in writing to the CONTRACTOR. If the contract is terminated for convenience of COUNTY as provided herein, the CONTRACTOR will be paid for time provided and expenses incurred up to the termination date. 14. Changes, Amendments, Modifications: COUNTY may, from time to time, require changes or modifications in the Scope-of-Work to be performed. Such changes, including any decrease or increase in the amount of compensation, which are mutually agreed upon by COUNTY and the CONTRACTOR shall be incorporated in written amendments to this contract. Amendments-COUNTY or CONTRACTOR may amend this AGREEMENT at any time provided that such amendments make specific reference to this AGREEMENT, and are executed in writing, signed by a duly authorized representative of each organization, and approved by COUNTY 's governing body. Such amendments will not invalidate this AGREEMENT, nor relieve or release COUNTY or CONTRACTOR from its obligations under this AGREEMENT. 15. Personnel: The CONTRACTOR represents that he/she has, or will secure at his/her own expense, all personnel required in order to perform under this contract. Such personnel shall not be employees of, or have any contractual relationship to, COUNTY. All services required hereunder will be performed by the CONTRACTOR or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under federal, state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without prior written approval of COUNTY. Any work or services subcontracted hereunder shall be specified in written contract or agreement and shall be subject to each provision of this contract. 16. Assignability: The CONTRACTOR shall not assign any interest on this contract, and shall not transfer any interest on this contract (whether by assignment or notation), without prior written consent of COUNTY thereto; provided, however, that claims for money by the CONTRACTOR from COUNTY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to COUNTY by the CONTRACTOR. 17. Periodic Reports The CONTRACTOR, at such times and in such forms as COUNTY may require, will furnish COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this AGREEMENT, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this AGREEMENT. 18. Findings Confidential: All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this contract are confidential and the CONTRACTOR agrees that they shall not be made available to any individual or organization without prior written approval of COUNTY. 19. Copyright: No report, maps or other documents produced in whole or in part under this AGREEMENT shall be subject of an application for copyright by or on behalf of the CONTRACTOR. If this AGREEMENT results in any copyrightable material or inventions, COUNTY and/or COMMERCE reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 20. Compliance with Local Laws: The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the state and local government and the CONTRACTOR shall save COUNTY harmless with respect to any damages arising from any tort done in performing any of the work embraced by this contract. 21. Funding Source Recognition: CONTRACTOR will insure recognition of the roles of COMMERCE, the WA State CDBG program, and COUNTY in providing services through this AGREEMENT. All activities, facilities and items utilized pursuant to this AGREEMENT will be prominently labeled as to funding source. In addition, CONTRACTOR will include a reference to the support provided herein in all publications made possible with funds made available under this AGREEMENT. 22. Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 23. Section 109 of the Housing and Community Development Act of 1974: No person in the United States shall on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 24. Age Discrimination Act of 1975, as Amended: No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) 25. Section 504 of the Rehabilitation Act of 1973, as Amended: No otherwise qualified individual shall, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) 26. Public Law 101-336, Americans with Disabilities Act of 1990: Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 27. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: A. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR 135, and all applicable rules and orders of HUD and COMMERCE issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. C. The CONTRACTOR will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The CONTRACTOR will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and COMMERCE issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant, or recipient, its CONTRACTORs and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 28. Interest of Members of COUNTY: No member of the governing body of COUNTY and no other officer, employee, or agent of COUNTY who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct, or indirect, in this contract; and the CONTRACTOR shall also take appropriate steps to assure compliance. 29. Interest of Other Public Officials: No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this contract; and the CONTRACTOR shall take appropriate steps to assure compliance. 30. Conflict of Interest Provision: No member of COUNTY's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the PROJECT, will have any personal financial interest, direct or indirect, in this AGREEMENT; and CONTRACTOR will take appropriate steps to assure compliance. CONTRACTOR agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. CONTRACTOR covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. CONTRACTOR further covenants that in the performance of this AGREEMENT, no person having such interest will be employed. 31. Audits and Inspections: COUNTY, COMMERCE, the State Auditor, and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDBG project and this contract, by whatever legal and reasonable means are deemed expedient by COUNTY, COMMERCE, the State Auditor and HUD. 32. Indemnification: To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages; losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR 's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this AGREEMENT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this AGREEMENT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the PARTIES. 33. Insurance and Bonding: CONTRACTOR will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from COUNTY as detailed in "Exhibit C Insurance Requirements." CONTRACTOR shall furnish COUNTY with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice COUNTY. 34. Agreement Representatives: Each party to this AGREEMENT shall have a representative. Each party may change its representative upon providing written notice to the other party. The party's representatives are as follows: CONTRACTOR: Stephanie Rowland, President and CEO P. O. Box 416 30 N. E. Romance Road Belfair, WA 98528 Phone: 360-275-4267 E-mail: srowland@NorthMasonChamber.com DUNS #122639730 E I N# 91-0951556 COUNTY: (Administrative Officer) Frank Pinter, Support Services Director Mason County 411 N. 5th Street Shelton, WA 98584 360-427-9670 Ext. 530 fpinter@co.mason.wa.us 35. Severability: If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT will not be affected thereby and all other parts of this AGREEMENT will nevertheless be in full force and effect. 36. Performance Waiver: COUNTY's failure to act with respect to a breach by CONTRACTOR does not waive its right to act with respect to subsequent or similar breaches. The failure of COUNTY to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 37. Entire Agreement: This AGREEMENT constitutes the entire agreement between COUNTY and CONTRACTOR for the use of funds received under this AGREEMENT and it supersedes all prior communications and proposals, whether electronic, oral, or written between COUNTY and CONTRACTOR with respect to this AGREEMENT. The attachments to this AGREEMENT are identified as follows: Exhibit A Scope-of-Work Exhibit B Compensation Exhibit C Insurance Requirements IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this AGREEMENT as of the date and year last written below. NORTH MASON CHAMBER OF COMMERCE BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Stephanie Rowland, President and CEO Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA EXHIBIT A SCOPE-OF-WORK North Mason Chamber of Commerce (CONTRACTOR) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (COMMERCE) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is CONTRACTOR's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. CONTRACTOR will: 1. Formulate a joint Service Plan (Plan) in partnership with the Economic Development Council of Mason County (EDC) with two components with one being the marketing, education and outreach activities and the other the provision technical assistance for participants. The Plan is to clearly define the roles and responsibilities of each organization as well as: A. Outreach, education and marketing approach with milestones (see requirements in #2 below) B. Technical Assistance provision approach with milestones. C. Plan timeline. D. Total budget broken down by organization. The Plan will need to be submitted to COUNTY for review on or before October 7, 2016. 2. Ensure RFP Outreach Requirements Are Met: A. Conduct an effective outreach campaign that will reach a minimum of 5,000 individuals throughout the County focused on promoting the program and motivating eligible individuals to participate. B. Formulate and implement a County-wide outreach plan focused on increasing awareness of the PROJECT including the training and technical assistance that is available for participating individuals and businesses. 3. Develop marketing material and media in coordination with the EDC that reflects the PROJECT with a consistent "look" and style. CONTRACTOR must include required Civil Rights language and COMMERCE acknowledgement as detailed in the AGREEMENT and/or in COMMERCE's CDBG Management Handbook and other guides as applicable. 4. Coordinate activities with other PROJECT partners and participate at Program partner meetings when requested. 5. Collect, track and report any applicable PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. Required data and reports are to be submitted to Enterprise for Equity in the format requested. 7. Provide copies of all outreach materials and media, event information and sign-in sheets and other documents and/or materials to COUNTY 8. Participate in PROJECT meetings. 9. Participate and support PROJECT evaluations conducted by partners. 10. Assist COUNTY with all aspects of program administration and requirements including grant close-out process as requested. EXHIBIT B Budget (AMENDMENT B) 1. The approved project budget for CONTRACTOR of$18,000 allows for reimbursement requests for staff salaries and benefits, supplies, local mileage, printing, facility rental and other approved costs. Budget to be detailed in the Service Plan. 2. Mileage will be reimbursed at the current Washington State rate. 3. Procurement of goods and services must be completed in compliance with CDBG and COMMERCE's requirements. 4. Invoices and Payment Requests: A. Provide an invoice detailing the expenses being billed well as an invoice total. Signed and certified timesheets must be provided for all hours billed to the grant. Back-up documentation must be provided for all expenses in the form of copies of receipts, mileage logs, contracted service provider invoices or other as appropriate. B. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; expense detail for payment being requested with required documentation; and a signed certification stating that the information provided is true and correct; and any additional applicable information. C. Submit via e-mail or hard copy as preferred to: Jessica Sweet Mason County 411 N. 5th Street Shelton, WA 98584 JSweet@co.mason.wa.us 5. Status Report: CONTRACTOR must submit a Status Report with each invoice that includes: a summary of the activities completed during the performance period including quantitative numbers such as participants attending or businesses contacted; a summary of upcoming activities; current or potential challenges; and a summary of any PROJECT successes or community impacts. Submit via e-mail or hard copy as preferred to: EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this PROJECT, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A Certificate of Insurance is required naming COUNTY as an additional insured. The Certificate must be provided to COUNTY within five (5) days of CONTRACT execution.. 3. Basic Stipulations: A. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all CONTRACTOR 's, subcontractors, and anyone else involved in this AGREEMENT on behalf of the CONTRACTOR (hereinafter "indemnifying PARTIES") to comply with these provisions. B. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. C. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this AGREEMENT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this AGREEMENT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. F. It is acknowledged by the parties of this AGREEMENT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. G. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. H. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this AGREEMENT. This obligation applies whether or not the AGREEMENT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. I. It is acknowledged by the parties of this AGREEMENT that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, is intended to apply on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. �,sraTe F " 9 s yp2 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE •PO Box 42525. Olympia, Washington 98504-2525•(360) 725-4000 www.commerce.wa.gov February 13, 2018 Mr. Frank Pinter Budget Manager Mason County 411 North 5th Street Shelton, WA 98584 Re: Community Development Block Grant Contract Number 15-62210-043 Amendment A Dear Mr. Pinter: Enclosed is a fully signed Community Development Block Grant (CDBG) contract amendment for Mason County's 2015 CDBG Economic Opportunity Grant. Also enclosed is the Contract Data Sheet that includes: • Specific contract line item detail for A-19 Payment Requests • My contact information • Contact information for your office Please notify me if the person listed on the Contract Data Sheet from your office has changed so we can update our records. Feel free to contact me if you have any questions about these documents. Sincerely, Laurie Dschaak CDBG Grant Specialist Enclosures cc via email: Jessica Sweet, Financial Analyst { i Amendment Contract Number:15-62210-043 Amendment Number:A Washington State Department of Commerce Local Government Division Community Development Block Grant Program 1.Contractor 2.Contractor Doing Business As(optional) Mason County N/A 411 N 5d'Street Shelton,WA 98584 3.Contractor Representative(only if updated) 4.COMMERCE Representative(only if updated) Jessica Sweet,Financial Analyst Genny Matteson,Project Manager PO Box 42525 Phone:(360)427-9670 ext 644 Phone:360-725-3093 1011 Plum St SE Email:jsweet@co.mason.wa us Genny.matteson@commerce.wa.gov Olympia,WA 98504-2525 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $269,210 $0 $269,210 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: X State: Other: N/A: Date of Execution 9/30/2018 11.Federal Funds(as applicable): Federal Agency: CFDA Number: $269,210 U.S.Department of Housing 14.228 and Urban Development 12.Amendment Purpose: Extend contract end date from 3/31/2018 to 9/30/2018. No budget changes. 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 "A!'—Scope of Work,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 � v r inter port Services Director Mark K.Barkley,Assi t Director Local Government Division zL �� Date Jt7 k Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date COMMUNITY DEVELOPMENT BLOC '. GRANT -SHE-ET Jurisdiction End Mason County Nu ber 15-62210-043 Dae 09/30/2018 BRIEF PROJECT SUMMARY Microenterprise training,technical assistance and microloan program with Enterprise for Equity and WA State University. COUTRACT LINE ITEM DETAIL HUD IDIS HUD IDIS PROJECT ACTIVITY LINE NATIONAL DOLLAR GRANTEE NUMBER NUMBER ITEM OBJECTIVE ACTIVITY TITLE AMOUNT Aason County 2015-0080 7398 18C LMC Micro-Enterprise Assistance $249,431.00 2015-0080 7399 21A LMC General Program Administration $19,779.00 Total Contract Amount $269,210.00 CDBG Project Manager Listed below is your CDBG Project Manager with their phone number and email address.You will be informed if your Project Manager changes. Genny Matteson (360)725-3093 genny.matteson@commeerece.wa.gov Mason County CDBG Contact Person 'his is the contact person identified for your jurisdiction in your CDBG application.All information requests relating to your ontract will be sent to this person.If this person has changed or changes during the course of your contract please inform your roject manager or note changes on this sheet and mail us a copy so we can keep our database updated. Current Database Information First Name: Frank Last Name: Pinter Address: 411 N 5th Street City: Shelton State: WA Postal Code: 98584 Email Address: Fpinter@co.mason.wa.us Phone Number: (360)427-9670 Fax Number: (360)427-8425 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: May 22, 2017 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Request from Assessor's office to correct a 2011 agreement from Current Use Open Space to Timber for Duane Rodgers. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In 2011, Duane Rodgers applied for Current Use Timber however the Assessor's office presented the request to the Commissioners as a request for Open Space. Based upon the Assessor's recommendation, the Commissioners approved placing parcel 31906-43-00040 into Open Space and the property owners signed the agreement placing the parcel into Open Space. In 2018 Mr. Rodgers realized the error and requested this be corrected. Because the Timberland program is now combined with Designated Forest Land (DFL), the Assessor's office can make the correction to DFL if the Open Space Taxation Agreement is rerecorded placing the parcel into Timberland, as originally requested. BUDGET IMPACTS: DFL is less than Open Space and the correction would go back 3 years. Assessor's office is reviewing to determine what the refund would be, could be a couple of hundred dollars. RECOMMENDED OR REQUESTED ACTION: If the Board wishes to place this parcel in the Timber/DFL program as originally requested, staff recommends the request be included in the May 8 public hearing when the 2017 applications will be considered. Staff confirmed this process with Tim Whitehead, Chief Deputy Prosecuting Attorney. ATTACHMENTS: Request from Assessor; copy of application &timber management plan Briefmg Summary 4/4/2018 Melody Peterson Amber Cervantes the Chief Deputy mason county Oliver Querin assessor Chief Appraiser 411 N 5'St PO Box J Phone (360)427-9670 Shelton WA 98584 Fax(360)427-7792 Date: 4/2/2018 To: Diane Zoren From: Bridgette Endicott,Clerk Amber Cervantes,Chief Deputy Assessor Re: Duane Rodgers,31906-43-00040 Our office received an application from Duane Rodgers in 2011.The applicant applied for what he thought was Current Use Timber,however the property was approved for Open Space.Upon further review of the original application it does appear that the applicant marked Timberland,but also indicated it met open space qualifications.This may have been what led to the mistake.The Commissioners approved the application for Open Space.The applicant received the Open Space Taxation Agreement upon which was marked as approved for Open Space,the applicant signed this agreement. Duane Rodgers is now requesting that the parcel be placed under Current Use Timber(now DFL) due to this error. Our office would be able to make the correction to the parcel if the original Open Space Taxation Agreement is rerecorded after being amended to approve the parcel for Current Use Timber. Since Current Use Timber has been merged with Designated Forest Land,the parcel will be classified as DFL once the amended agreement is recorded. Attached you will find a copy of the original application our office received.Please let me know how you plan to proceed. Thank you, CDepartment ofApplication for Classification or Reclassification as Open evenue Space Land or Timber Land for Current Use Assessment Washington State under Chapter 84.34 RCW File With The County Legislative Authority Name of Applicant: 5 Phone No: Address: AON Property Location: T 1. Interest in property: Fee owner ❑ Contract purcha er ❑ Other(Describe) 2. Assessor's Parcel or Account No.: (� Legal description of land to be classified: 0 C�d �'c�ctc C 4 aF Scams �-- 3. Land classification that is being sought: ❑ Open Space mber Land NOTE: A single application may be made for both open space and timber land, but a separate legal description must be furnished for each area that classification is being sought. 4. Total acres in application: F5. Open Space Classification Number of acres: "I 6. I_ndiiccate what category of open space this land will qualify for: LtJ Open space zoning ❑ Conserve and enhance natural or scenic resources ❑ Protect streams or water supply ❑ Promote conservation of soils, wetlands, beaches or tidal marshes ❑ Enhance public recreation opportunities ❑ Enhance value to public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space ❑ Preserve historic sites ❑ Preserve visual quality along highway, road, and street corridors or scenic vistas ❑ Retain in natural state tracts of one (1)or more acres in urban areas and open to public use as reasonably required by granting authority AMW* ❑ Farm and agricultural conservation land as defined in RCW 84.34.020(8) REV 64 0021 a(w) (7/17/09) 1 f n 7. Timber Land Classification Number of acres: Definition: "Timber land" means any parcel of land that is five or more acres or multiple parcels of land that are contiguous and total five or more acres which is or are devoted primarily to the growth and harvest of forest crops for commercial purposes. "Timber land means land only and does not include a residential home site. The term includes land used for incidental uses that are compatible with the growing and harvesting of timber but no more than ten percent of the land may be used for such incidental uses. It also includes the land on which appurtenances necessary for the production, preparation, or sale of the timber products exist in conjunction with land producing these products. A timber management plan shall be filed with the county legislative authority either(a)when an application for classification as timber land pursuant to this chapter is submitted; (b)when a sale or transfer of timber land occurs and a notice of classification continuance is signed; or(c)within sixty days of the date the application for reclassification under this chapter is received. The application for reclassification will be accepted but not processed until the timber management plan is received. If the timber management plan is not received within sixty days of the date the application for reclassification is received, the application for reclassification shall be denied. If circumstances require it, the county assessor may allow in writing an extension of time for submitting a timber management plan when an application for classification or reclassification or notice of continuance is filed. When the assessor approves an extension of time for filing the timber management plan, the county legislative authority may delay processing an application until the timber management plan is received. If the timber management plan is not received by the date set by the assessor, the application or the notice of continuance shall be denied. 8. Submit a copy of your timber management plan with this application. A timber management plan will include the following elements: a) a legal description of, or assessor's parcel numbers for, all land the applicant desires to be classified or reclassified as timber land, b) date or dates of acquisition of the land, c) a brief description of timber, or if harvested, the owners plan for restocking, d) whether there is a forest management plan for the land, e) if so, the nature and extent of implementation of the plan, f) if land is used for grazing, g) whether the land has been subdivided or a plat filed with respect to the land, h) whether land and applicant are in compliance with restocking, forest management, fire protection, insect and disease control, etc., i) whether the land is subject to forest fire protection assessments pursuant to RCW 76.04.610, j) whether the land is subject to a lease, option, or other right that permits it to be used for a purpose other than growing and harvesting timber, k) a summary of past experience and activity of the applicant in growing and harvesting timber, 1) a summary of current and continuing activity of the applicant in growing and harvesting timber, m) a statement that the applicant is aware of the potential tax liability involved when the land ceases to be classified as timber land REV 64 0021 a(w) (7/17/09) 2 F.9Describe the present improvements on this property(buildings, etc.). s this land subject to a lease or agreement which permits any other use than its present use? ❑ Yes P No If yes, attach a copy of the lease agreement. NOTICE: The assessor may require owners to submit pertinent data regarding the use of classified land. Open Space Land Means: [(b) a) Any land area so designated by a comprehensive land use plan adopted by a city or county authority, or Any land area, in which the preservation in its present use would: (i) Conserve and enhance natural or scenic resources, (ii) Protect streams or water supply, (iii) Promote conservation of soils, wetlands, beaches or tidal marshes, (iv) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, (v) Enhance recreation opportunities, (vi) Preserve historic sites, (vii) Preserve visual quality along highway, road, and street corridor or scenic vistas, or (viii) Retain in its natural state tracts of land not less than one acre situated in an urban area and low%, open to public use on such conditions as may be reasonably required by the granting authority. (c) Or, any land meeting the definition of"farm and agricultural conservation land". Statement of Additional Tax, Interest, and Penalty Due Upon Removal of Classification 1. Upon removal of classification, an additional tax shall be imposed which shall be due and payable to the county treasurer 30 days after removal or upon sale or transfer, unless the new owner has signed the Notice of Continuance. The additional tax shall be the sum of the following: (a) The difference between the property tax paid as"Open Space Land" or`Timber Land" and the amount of property tax otherwise due and payable for the last seven years had the land not been so classified; plus (b) Interest upon the amounts of the difference (a), paid at the same statutory rate charged on delinquent property taxes. (c) A penalty of 20% shall be applied to the additional tax and interest if the classified land is applied to some other use except through compliance with the property owner's request for withdrawal process, or except as a result of those conditions listed in (2) below. 2. The additional tax, interest, and penalty specified in (1) above shall not be imposed if removal resulted solely from: (a) Transfer to a governmental entity in exchange for other land located within the State of Washington. (b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power. REV 64 0021e(w) (7/17/09) 3 (c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the landowner changing the use of such property. (d) Official action by an agency of the State of Washington or by the county or city where the land is located disallows the present use of such land. (e) Transfer of land to a church when such land would qualify for property tax exemption pursuant to RCW 84.36.020. (f) Acquisition of property interests by State agencies or agencies or organizations qualified under RCW 84.34.210 and 64.04.130(See RCW 84.34.108(6)(f)). (g) Removal of land classified as farm &agricultural land under RCW 84.34.020(2)(e) (farm homesite). (h) Removal of land from classification after enactment of a statutory exemption that qualifies the land for exemption and receipt of notice from the owner to remove the land from classification. (i) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120. Q) The creation, sale, or transfer of a conservation easement of private forest lands within unconfined channel migration zones or containing critical habitat for threatened or endangered species under RCW 76.09.040. (k) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as designated forest land under chapter 84.33 RCW, or classified under this chapter 84.34 RCW continuously since 1993.The date of death shown on the death certificate is the date used. (1) The discovery that the land was classified in error through no fault of the owner. Affirmation As owner(s) of the land described in this application, I hereby indicate by my signature that I am aware of the potential tax liability involved when the land ceases to be classified under provisions of Chapter 84.34 RCW. I also declare under the penalties for false swearing that this application and any accompanying documents have been examined by me and to the best of my knowledge it is a true, correct, and complete statement. The agreement to tax according to use of the property is not a contract and can be annulled or canceled at any time by the Legislature (RCW 84.34.070). Signatu s of all Owner(s)or r t Purchasers All owners and purchasers must sign. FOR LEGISLATIVE AUTHORITY USE ONLY Date application received: By: Amount of processing fee collected: $ Transmitted to: Date: FOR GRANTING AUTHORITY USE ONLY Date received: By: ❑ Application approved ❑Approved in part ❑ Denied Owner notified of denial on: Agreement executed on: Mailed on: For tax assistance, visit dor.wa.gov/content/taxes/PrODertv/default.asox or call 1-800-647-7706. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360)705-6715. Teletype(TTY) users may call 1-800-451-7985. W REV 64 0021e(w) (7/17/09) 4 Date: December 19,2011 To:Mason County Assessor Re; Forestry Plata Tax Parcel #319064300040 15:34 acres Legal description Tract A of SW,SE, S S/117- Parcel.2 of BLA#0049 Mason County,Washington Owners Duane&Linda Rodgers We have owned thislanai since 1971. My father Vetrus Rodgers purchased it from Albert Nordquist in 1949. My fattier removed. some timber in I950 and again in 1960. No Live trees have been removed during our ownership. We have replanted some of the areas with Fine&Redwood seedlings. In. 1990 we had Lusignan Forestry complete a timber cruise on this property and they reported that there was 200 thousand board feet of.Douglas fir trees at that time. Our forestry plan is to remove the downed Douglas Fir trees that have died.from Poria (root rot)and replant with Redwood seedlings. At some time in the future we may have to do a thinning operation of the older trees that are-affected by the Poria root rot (Phellinus Poria Weirrii), Signed, uane Rodgers L da Rodgers Mailing address: 1544 McKenzie Rd 9W Olympia,WA 98512 years ago and the property is now naturally replanting it's self. The applicant is asking that two acres not go in to the program on parcel 00000 and that one acre not go in to the program on parcel 00010. He wants to save these areas for possible home sites in the future. These parcels are in a crucial drainage area and have some critical slopes on them; the Assessor recommends that 34.72 acres should be allowed in to the Current Use O e — -- 08.2013 Parcel#31906-43-00040 The owner is asking that all 15.34 acres be allowed in to the Current Use Open Space Program This property is located south of Shelton out off of Fredson Road. It is a fairly level property and is mostly wooded with a small winter run off stream the cuts through the property. The Assessor recommends that 15.34 acres should be allowed in to the Current Use Open Space Program, 09.2011 Parcel#22213-78-00030 This is a five acre parcel with a residence on it, the owner is asking that 3 acres be allowed in to Open Space Program. This five acre parcel is located off of Bucktail View Land which is an access road off of Razor Road East out in the Belf air area. The lower portion of this property has a run off stream that runs through it and is mostly forested. The Assessor recommends that 3 acres be allowed in to the Open Space Program. 10.2011 Parcel#'s 32106-51-06001 & 07001 These two parcels are located in the Plat of Union - Townsends Add and are a total of 2 acres. The applicant is asking that 2 acres be allowed in to the Open space Program. These two properties are .39 acres and 1.61 acres for a total of 2 acres. Both properties are very steep with critical slopes that are between 50% and 70%. sib Duane Rodgers; Parcel #31906-43-00040, Located in the Fredson Road Area. This property is forested and mostly level with a winter run off stream through it that feeds a pond for waterfowl in the spring, fall and winter. It is a nice stand of trees that allow habitat for wildlife and acts as a nice wood buffer in a developed area between Fredson Road and West Kelly Road. The property is 15.34 acres in size and the applicant is asking for all 15.34 acres to be put in to the Open Space Program. Received from Assessor in 2011 Hearing held 11/5/13 r MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: 04/09/18 PREVIOUS BRIEFING DATES: ITEM: Memorandum of Understanding between Mason County, Mason County Sheriff's Office and the Woodworkers Local W 38, I.A.M., Corrections and Support Staff. EXECUTIVE SUMMARY: _Both the Sheriff and the Woodworkers Local @ 38, I.A.M., Corrections and Support Staff recognize the schedule changes resulted in the need to convert one existing Corrections Deputy to the position of a Corrections Sergeant, to fill the fourth supervisory position. Converting a Deputy to Sergeant is of mutual benefit to both parties. The Memorandum of Understanding between Mason County the Mason County Sheriff and the Woodworkers Local W 38, I.A.M., Corrections and Support Staff agree to make adjustments to the current Collective Bargaining Agreement as follows; 1. The Sheriff and the Union agree to convert one (1) existing Corrections Deputy position into one (1) Corrections Sergeant position thereby creating a new Sergeant position. 2. Based on the negotiated change in shifts the Sheriff and the Union agree that converting a Corrections Deputy position to a Corrections Sergeant position is needed. 3. The full time equivalent count for Corrections personnel is: one (1) Jail Chief, one (1) Lieutenant, four (4) Corrections Sergeants, four (4) Corrections Corporals, nineteen (18) Corrections Deputies (two .5 FTE's funded equal one position), one (1) Records Specialist, one (1) Clerk, three (3) Community Service Officers, for a total of thirty-four (33) positions. 4. This agreement shall take effect on the date of signing and shall remain in effect in full force, upon the approval of the county Commissioners and the Civil Service Board. 5. In the event the County commission and Civil Service Board do not approve of the reclassification of the Corrections Deputy position to a Corrections Sergeant position, all parties agree to meet to negotiate. BUDGET IMPACTS: Sheriff's Office will present budget impacts. RECOMMENDED OR REQUESTED ACTION: Approval to place MOU on the April 17th Action Agenda and authorize the Chair to sign the Memorandum of Understanding between Mason County, Mason County Sheriff's Office, and the Woodworkers Local @ 38, I.A.M., Corrections and Support Staff to convert one (1) Corrections Deputy position to one (1) Corrections Sergeant position and authorize the Chair to sign. ATTACHMENTS: Memorandum of Understanding • MEMORANDUM OF UNDERSTANDING by and between MASON COUNTY, MASON COUNTY SHERIFF'S OFFICE, and WOODWORKERS LOCAL W 38, I.A.M. WHEREAS; the Mason County Sheriffs Office (hereinafter "Sheriff') has a responsibility to ensure Corrections personnel are obligated to maintain custody, security, and control of the Mason County Jail in a safe, efficient, and constitutional manner; and WHEREAS; the Corrections Deputies historically worked 8-hour shifts, consisting of 3 shifts (days, swing, and graveyard) covering 24 hours per day; and WHEREAS;the Sheriff identified 8 hour shifts as being inefficient; and WHEREAS; the Sheriff and Woodworkers Local W 38, I.A.M. (hereinafter "Union") representing the Corrections Deputies, negotiated a change in hours, from a Fair Labor Standard Act (FLSA), non-exempt, 40-hour weekly schedule to a FLSA, 7K exempt schedule, consisting of four, 12 hour shifts on a 160-hour, 28-day work cycle; and WHEREAS; Mason County, the Sheriff, and the Union recognize the schedule changes resulted in the need to convert one existing Corrections Deputy to the position of Corrections Sergeant,to fill the 4th shift supervisory position; and NOW, THEREFORE BE IT RESOLVED; pursuant to the above considerations and the covenants and mutual benefits herin expressed,the parties agree as follows: Terms of Agreement: 1. The Sheriff and the Union agree to convert one (1) existing Corrections Deputy position into one (1) Corrections Sergeant position thereby creating a new Sergeant position. 2. Based on the negotiated change in shifts the Sheriff and the Union agree that converting a Corrections Deputy position to a Corrections Sergeant position is needed. 3. The full time equivalent count for Corrections personnel is: one (1) Jail Chief, one (1) Lieutenant, four (4) Corrections Sergeants, four (4) Corrections Corporals, nineteen (19) Corrections Deputies, one (1) Records Specialist, one (1) Clerk, three (3) Community Service Officers, for a total of thirty-four (34) positions. 4. This agreement shall take effect on the date of signing and shall remain in effect in full force, upon the approval of the county Commissioners and the Civil Service Board. 5. In the event the County commission and Civil Service Board do not approve of the reclassification of the Corrections Deputy position to a Corrections Sergeant position, all parties agree to meet to negotiate. Savings Clause Prior to the reclassification of the Corrections Deputy position to the Sergeant position, the Sheriff shall request and receive approval from the County Commissioners in order to ensure the position is fully authorized. Agreement The undersigned do hereby support the concepts and procedures established in this agreement. Dated this day of , 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Casey Salisbury, Mason County Sheriff Randy Neatherlin, Chair Terri Drexler, Commissioner Wayne Thompson Kevin Shutty, Commissioner Woodworkers Local W 38, I.A.M. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 4/9/18 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) ITEM: Approval to amend Resolution 02-18 to revise the Non-Represented Salary Scale Range Alignment by approving the request to add the Noxious Weed Coordinator position as a Salary Range 21. EXECUTIVE SUMMARY: The Noxious Weed Coordinator, historically, has been paid as an extra help hourly wage position. In 2017, this position was increased to a .75 FTE and should have been added to the Non-Represented Salary Range Scale at that time. Mason County Personnel Policy Chapter 5.1, Salary Classification and Grades designates each regular job title within the County classified into one of the County's job classifications for salary purposes. Each job classification is designated a particular salary or salary range shown on the County's salary range alignment, which is modified periodically by the Board of County Commissioners, or as specified in the applicable union agreement. RECOMMENDED OR REQUESTED ACTION: Approval to amend Resolution 02-18 to revise the Non-Represented Salary Scale Range Alignment by approving the request to add the Noxious Weed Coordinator position as a Salary Range 21 by adding it to the April 17, 2018 Action Agenda. ATTACHMENTS: Resolution RESOLUTION NO. AMENDING RESOLUTION NO. 02-18 TO REVISE THE NON-REPRESENTED SALARY SCALE RANGE ALIGNEMENT ADDING THE TITLE OF NOXIOUS WEED COORDINATOR. WHEREAS, RCW 36.16.070 states that... In all cases where the duties of any county office are greater than can be performed by the person elected to fill it,the officer may employ deputies and other necessary employees with the consent of the board of county commissioners.The board shall fix their compensation ... . WHEREAS,the Board has determined it is in the best interest of the county to add the Noxious Weed Coordinator position to the Non-Represented Salary Range Table at a Range 21; NOW,THEREFORE BE IT RESOLVED that the Board of County Commissioners does hereby amend the Non-Represented Salary Scale Range Alignment(Attachment A)to reflect the following: approving the request to add the Noxious Weed Coordinator position at Range 21. BE IT FURTHER RESOLVED to approve the following: the incumbent Noxious Weed Coordinator from extra help hourly to the Non-Represented Salary Scale at a Salary Range 21. DATED this day of April 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin,Chair Clerk of the Board APPROVED AS TO FORM: Terri Jeffreys, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE 46 Community Services Director Chief Deputy Prosecuting Attorney Public Works Director Support Services Director 45 Utilities &Waste Management Director Human Resources Director 44 Deputy Director Public Works/County Engineer Deputy Director Public Works/Utilities &Waste Mgmt 43 Chief Criminal Prosecuting Attorney Chief Public Defender 40 Deputy Director Public Works/ER&R Manager 39 Chief Finance Manager 38 Emergency and Information Services Manager Facilities, Parks and Trails Manager Road Operations & Maintenance Manager Water &Wastewater Manager 37 Administrator, Probation Services 35 District Court Administrator Engineering and Construction Manager Engineer IV Land Use Attorney Superior Court Administrator 34 Personal Health Manager Environmental Health Manager Road Operations & Maintenance Assistant Manager 33 Deputy Administrator, Detention Deputy Administrator, Probation Engineer III Technical Services Manager 32 Planning Manager Permit Assistance Center Manager Construction Services Supervisor Project Support Services Manager Transportation Planning Supervisor Facilities Manager Budget Manager k:\salary scales\2018\draft-non represented salary range table 04052018.docx Page I 1 of 3 • Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE 31 Program Manager II Public Works Finance Manager 30 Building Official GIS Manager Right of Way Manager/Property Manager 29 Equipment Maintenance Supervisor Finance Manager Road Operations & Maintenance Supervisor Chief Accountant Senior Financial Analyst Chief Deputy Treasurer Administrative Services Manager Human Resources/Risk Manager Chief Deputy Assessor Chief Appraiser Administrative Manager 28 Engineer II Survey Supervisor 27 Administrative Supervisor Chief Deputy Elections Superintendent 26 Human Resources Analyst Grants & Contracts Analyst Engineer I 25 Program Manager I Operations & Maintenance/ER&R Administrator Therapeutic Court Program Manager I 21 Financial Analyst Risk & Safety Compliance Manager Personnel Analyst Noxious Weed Coordinator 20 Deputy Court Administrator Office Manager 19 Official Court Recorder/Judicial Assistant Official Court Recorder/Family Law Facilitator Clerk of the Board/Records Specialist Administrative Clerk k:\salary scales\2018\draft-non represented salary range table 04052018.docx Page 1 2 of 3 Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE 17 Administrative Assistant 13 Administrative Secretary Legal Secretary 10 Receptionist/Secretary 1 PBX Operator Office Assistant k:\salary scales\2018\draft-non represented salary range table 04052018.docx Page 13 of 3 2018 Non Represented Salary Scale Attachment A ENTRY RANGE "Step 0" STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 46 9,352.86 9,592.72 9,838.70 10,090.92 10,349.70 10,615.04 45 7,617.74 7,997.42 8,398.40 8,608.44 8,824.08 9,043.10 44 7,434.64 7,807.54 8,198.44 8,402.86 8,612.90 8,828.56 43 7,252.68 7,615.50 7,996.26 8,197.34 8,400.62 8,611.78 42 7,083.04 7,436.90 7,807.54 8,004.12 8,204.06 8,408.48 41 6,907.84 7,252.68 7,616.60 7,806.44 8,001.88 8,201.82 40 6,744.98 7,083.04 7,435.76 7,622.24 7,813.20 8,008.62 39 _ 6,579.88 6,910.12 7,254.96 7,435.76 7,622.24 7,813.20 38 6,422.64 6,743.86 7,080.80 7,259.44 7,437.98 7,625.60 37 6,265.38 6,578.74 6,908.98 7,080.80 7,258.32 7,439.12 36 6,115.98 6,422.64 6,743.86 6,913.46 7,086.48 7,263.90 35 5,968.84 6,267.60 6,580.98 6,744.98 6,914.56 7,087.58 34 5,827.32 6,117.12 6,423.76 6,584.36 6,749.46 6,917.98 33 5,684.64 5,968.84 6,267.60 6,423.76 6,584.36 6,749.46 32 5,551.00 5,828.44 6,118.22 6,270.98 6,428.22 6,588.86 31 5,411.74 5,683.52 5,967.72 6,115.98 6,269.84 6,427.10 30 5,285.88 5,549.86 5,827.32 5,973.30 6,120.46 6,274.32 29 5,157.88 5,413.98 5,684.64 5,828.44 5,973.30 6,122.72 28 5,034.28 5,285.88 5,549.86 5,688.00 5,831.80 5,977.82 27 4,911.88 5,156.74 5,412.84 5,549.86 5,688.00 5,829.58 26 4,795.06 5,034.28 5,285.88 5,416.20 5,553.22 5,692.52 25 4,677.12 4,910.72 5,155.66 5,284.76 5,415.10 5,552.10 24 4,567.06 4,795.06 5,034.28 5,160.12 5,288.16 5,421.86 23 4,454.68 4,677.12 4,910.72 5,034.28 5,160.12 5,288.16 22 4,349.14 4,567.06 4,796.20 4,915.24 5,037.66 5,163.46 21 _ 4,242.42 4,454.68 4,678.24 4,795.06 4,914.12 5,036.56 20 4,140.22 4,348.02 4,565.92 4,679.34 4,797.30 4,916.38 19 4,040.22 4,242.42 4,454.68 4,567.06 4,680.48 4,798.42 18 3,944.78 4,141.34 4,349.14 4,456.96 4,569.30 4,682.76 17 3,848.18 4,041.34 4,243.56 4,350.28 4,458.08 4,570.42 16 3,756.06 3,944.78 4,141.34 4,245.82 4,351.40 4,459.20 15 3,665.08 3,849.30 4,040.22 4,140.22 4,242.42 4,349.14 14 3,576.40 3,754.96 3,942.54 4,041.34 4,142.46 4,246.94 13 3,489.88 3,663.98 3,848.18 3,943.66 4,042.48 4,143.60 12 3,405.64 3,576.40 3,754.96 3,849.30 3,945.94 4,043.60 11 3,323.64 3,489.88 3,663.98 3,756.06 3,850.42 3,945.94 10 3,245.00 3,405.64 3,576.40 3,665.08 3,757.20 3,851.54 9 3,165.26 3,323.64 3,489.88 3,576.40 3,666.22 3,757.20 8 3,090.00 3,242.74 3,405.64 3,491.00 3,577.48 3,667.34 7 3,013.62 3,165.26 3,323.64 3,405.64 3,491.00 3,579.76 6 2,942.88 3,091.16 3,245.00 3,325.88 3,408.98 3,494.38 5 2,870.98 3,013.62 3,165.26 3,245.00 3,325.88 3,408.98 4 2,803.60 2,942.88 3,091.16 3,168.68 3,248.38 3,328.16 3 2,735.06 2,872.10 3,014.74 3,091.16 3,168.68 3,248.38 2 2,668.80 2,802.46 2,942.88 3,015.84 3,092.26 3,168.68 1 2,605.90 2,735.06 2,870.98 2,942.88 3,015.84 3,092.26 K:\Salary Scales\2018\2018 Non Represented Salary Scale.xlsx 4/5/2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Senior Planner/ Planning Department DEPARTMENT: Planning EXT: 365 BRIEFING DATE: 04/09/18 PREVIOUS BRIEFING DATES: None ITEM: SEPA Determination of Non-Significance (DNS) issued by staff for the land modification (grading) permit application submitted by North Ranch Surface Impoundment facility. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) Mason County Community Services received a land modification permit application from the North Ranch Surface Impoundment facility to grade 49,000 cubic yards for the placement of an 18-million- gallon lagoon to store treated waste water (filtrate) over the winter months. Any grading project over 500 cubic yards requires the submittal of a SEPA checklist. Mason County Planning, acting as Co-Lead Agency with the Department of Ecology (Ecology), issued a DNS after review of the associated documents. At the March 27th Board of County Commissioners meeting, the Commissioners asked Planning staff to brief the Commission regarding the SEPA Determination for the North Ranch biosolids facility. Planning staff will be joined by Ecology and representatives of the North Ranch facility for an informational presentation. BUDGET IMPACTS: None. RECOMMENDED OR REQUESTED ACTION: None. Presentation for informational purposes. ATTACHMENTS: Letter to Interested Parties from Ecology March 28, 2018 04092018 BioRecychng SEPA Briefing Item Summary.dou f 4. STATE Of WASHINGTON I)LPARI MENT OF ECOLOGY P.O. Dov 4777; • Olympi.l, Washington 911504-777.5 • (360) 4117.6:100 March 29, 2018 Dear Mason County resident, The Washington Department of Ecology has received a number of questions related to Mason County's permitting process for the construction of a new storage lagoon at Bio Recycling Inc.'s North Ranch site on Webb Hill Road near Union. We wanted to collect these questions and answer them in this letter in order to provide the most complete information available. Background 'there has been a biosolids and septage management site at Webb Hill since 1986, originally operated by a company named Solganics, and later by Bio Recycling Inc. Bio Recycling accepts septage—the solids removed from septic tanks and portable toilets during regular maintenance. Bio Recycling is the only commercial site on the Olympic Peninsula that accepts this material. The facility has also accepted treated sewage from wastewater treatment plants (including Alderbrook, Mason County's wastewater treatment plants, the Squaxin Island Tribe, the Skokomish Tribe,etc.). At Bio Recycling's North Ranch facility, the treatment process includes separating the liquid and solids and treating the material with lime to kill pathogens and control odors. The solids removed during treatment are currently sent to other permitted farm sites in Washington for land application. The remaining liquid, which has been reduced to 0.5 percent solids, is land applied at the North Ranch site for the production of hay and pasture for grazing. In 2007, groundwater testing at North Ranch found high levels of nitrates. Nitrates can come from sources such as fertilizers, manure and septic systems. Regular testing in the years since shows that this nitrate pollution has not migrated off the site or affected water quality in Hood Canal, but the levels remain above state standards. As part of an Agreed Order with Ecology, Bio Recycling has taken a number of measures to better manage and reduce nitrates at the site, including cutting in half the amount of septage it accepts and installing equipment to separate nutrient-rich solids from liquids. Current status In 2015, Ecology issued a new statewide General Permit for biosolids, which regulates how biosolids and septage are treated and managed. As an existing facility, Bio Recycling was provisionally covered under the new permit. However, in October 2017, Ecology issued additional requirements for Bio Recycling through its final coverage letter for the facility. The most important requirement was that Bio Recycling only apply septage and biosolids at North Ranch during times when there was an agronomic need—basically, when plants are growing and can use the water and nutrients. Doing this should act to minimize movement of nitrate through the soil, and reduce any chance that nitrates could reach groundwater. In practice,this means the company could only land apply during the drier months of the year. Mason County resident March 29,2018 Page 2 In order to comply with these requirements, Bio Recycling plans to build a storage lagoon, which would allow the company to continue to accept septage and biosolids year-round, but only apply them when crops can use them. The storage lagoon Bio Recycling has applied for permits from Mason County and the Department of Ecology's Dam Safety Office to construct the lagoon,along with requesting approval under the biosolids permit to allow for storage of the liquid. In order to be approved under the Biosolids General permit, facilities must be in compliance with the State Environmental Policy Act (SEPA)and all other permits. The SEPA process is meant to evaluate whether the construction of the facility will have a significant adverse impact on the environment. Jointly,Mason County and Ecology evaluated the Environmental Checklist submitted by Bio Recycling and determined that the lagoon would not pose a significant adverse impact. Mason County is currently holding a public comment period on this SEPA determination. The public comment period ends April 12. More information on this public comment period can be found at http://www.co.mason.wa.us/terms/('ommunity Dcv/north-ranch-dns-notice-03292018.pdf. If approved, Bio Recycling plans to build the lagoon this summer and have it in operation for the winter of 2018-19. Other questions What is the current permitting process and public comment period about? Bio Recycling is seeking a grading permit from Mason County and a Dam Safety Construction Permit from the Department of Ecology, plus it is requesting a modification to its coverage wider the State Biosolids General Permit for storing the liquid in the lagoon. Bio Recycling has already received coverage under the State Biosolids General Permit for the ability to receive, treat and land apply biosolids at its North Ranch site. What about tests finding pharmaceuticals and other chemicals in groundwater on the site? In late 2017, Bio Recycling tested two monitoring wells on its site for a number of common pharmaceuticals and chemicals found in personal care products, such as antibiotics, sunscreen and artificial sweeteners. This testing was done in response to questions fi•om a neighboring property owner about water quality impacts. Bio Recycling shared the test findings with Ecology. Ecology's biosolids staff discussed the test results with the other agency personnel and with the Washington State Department of Health. They determined that the test results were consistent with what we would expect, given the material Bio Recycling accepts, and that these levels do not pose a threat to human health. Pharmaceuticals and other household chemicals end up in wastewater through toilets, showers and sinks. As the ability to detect various chemicals has improved, it is now possible to detect them in trace amounts. Trace amounts of pharmaceuticals and other chemicals of concern have been detected in Washington's surface water, groundwater, wastewater, reclaimed water, and sediments. Mason County resident March 29,2018 Page 3 How has Ecology informed the public about this process? Ecology has participated in three public meetings to discuss the North Ranch site: In June 2016, Ecology staff met with members of the Hood Canal Improvement Club to discuss water quality concerns at the site; in March 2017,Ecology held a public meeting and hearing on Bio Recycling's application for coverage under the Biosolids General Permit;and in September 2017,Ecology staff presented information on the biosolids permitting process to the Mason County Planning Commission. Ecology received 17 comments on Bio Recycling's application for coverage, including comments from the Hood Canal Improvement Club,the Sierra Club,neighbors,and local septic companies. Ecology used the information in these comments in determining what additional requirements to place on Bio Recycling's application for coverage. You can read Ecology's Response to Comments and Final Coverage Letter at: • littl2s://ccology.wa.eov/Asset-Collections/Doc-Assets/Reducing-and-recycling/Organic- materials/BioRecycl ingfinalcoverageletter 12-2017 • https://ecology.wa.gov/Asset-Collections/Doc-Assets/Reducing-and-recyclin[JOrganic- materials/BioRecyclingresponsetocomments 12-2017 Will Bio Recycling store raw sewage in the lagoon? No. Bio Recycling will treat all of the material it accepts prior to storing it in the lagoon. This process includes treating the material with lime to kill pathogens and control odors, and separating liquids from solids,so that the material going into the lagoon contains less than 0.5 percent solids. What about odors from the lagoon? Ecology does not expect odor issues stemming from the lagoon. Before being stored in the lagoon, . the material will be treated to reduce pathogens,and solids and liquids will be separated,meaning the remaining liquid going into the lagoon will contain less than 0.5 percent solids. However, if necessary,Bio Recycling will be required to submit an odor management plan to Ecology explaining how the company will improve its odor control. Who can I talk to at Ecology about the North Ranch site? • Kelsey Dunne,Ecology Southwest Region Biosolids Coordinator,360-407-6055, kdun461 Gecy.wq.gov • Peter Lyon,Ecology Southwest Region Section Manager,Waste 2 Resources,360-407-6381, n1vo461 a,ecy.wa.Rov. • For general information on biosolids permitting, please visit www.ecology.wa.pov/biosolids. Thank you for your interest in this permitting process. Sin el , +VI eter Y.Lyon Regional Section Manager Waste 2 Resources Program