HomeMy WebLinkAbout2018/04/17 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers— 9:00 a.m.
411 North Fifth Street, Shelton WA 98584
April 17, 2018
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 News Release:Mason County Citizens Advisory Budget Committee-Staff:Frank Pinter
5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit)
If you wish to address the Commission, raise your hand to be recognized by the Chair. When you
have been recognized, please step up to the microphone and give your name and address before
your comments.The Mason County Commission is committed to maintaining a meeting atmosphere
of mutual respect and speakers are encouraged to honor this principle.
6. Adoption of Agenda
Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:30
a.m.
7. Approval of Minutes— March 26, April 2, and April 9, 2018 briefing minutes; April
3, and April 10, 2018 regular meeting minutes.
8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted
by one motion unless a Commissioner or citizen requests an item be removed from the
Action Agenda and considered as a separate item.
8.1 Approval to nominate Darren Moody and Thcrcsia Ehrich to the Thurston
Mason Behavioral Health Organization Advisory Board.
8.2 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s $
Direct Deposit Fund Warrant #5 49005-49368 $ 632,670.35
Salary Clearing Fund Warrant #s 7003537-7003576 $ 902,860.81
Total $ 1,535,531.16
8.3 Approval to 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.
8.4 Approval to grant signature authority to the Mason County Community
Services Director for contracts and amendments not to exceed $15,000.
8.5 Approval to allow the Community Services Permit Assistance Center Manager
to accept a Request for Proposals for Building Division Services.
Agendas are subject to change,please contact the Commissioners' office for most recent version. This agenda was last
printed on 04/16/18 2:23 PM.
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY COMMISSIONERS' MEETING AGENDA
April 17, 2018— PAGE 2
8.6 Approval to approve amendments as outlined in the Amended Sub-Recipient
Agreements for the CDBG micro-enterprise grant and approval to authorize
the Chair to sign the amended agreements.
8.7 Approval of agreement W2RLSWFA-1719-MaCoPH-00059 between Mason
County Public Health and Department of Ecology.
8.8 Approval of the Memorandum of Understanding between Mason County,
Mason County Sheriff's Office and the Woodworkers Local W 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.
8.9 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.
8.10 Approval of letter of acceptance to have Criminal Justice Treatment Account
funds administered by Mason County in place of the Thurston Mason
Behavioral Health Organization.
9. Other Business (Department Heads and Elected Officials)
10. 9:30 a.m. Public Hearings and Items Set for a Certain Time
10.1 Public Hearing to consider adopting findings and determinations regarding
the establishment of Lake Management District No. 2 for Mason Lake and
submitting the issue to a vote of property owners within the proposed
district, pursuant to RCW 36.61. Staff: Diane Zoren/Frank Pinter
11. Board's Reports and Calendar
12. Adjournment
J:\AGENDAS\2018\2018-04-17 Reg.doc
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Jennifer Giraldes Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: April 17, 2018 No. 4.1
ITEM: Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent a liquor license application
for Allyn Waterfront Park 18560 State Route 3, Allyn.
4.1.2 Theresia Ehrich sent in an application for Thurston-Mason Behavioral Health
Organization Advisory Board (TMBHO).
4.1.3 Kathy Geist sent in application for the Transportation Improvement Program
Citizens Advisory Panel (TIPCAP).
4.1.4 Herb Gerhardt sent in State Environmental Policy Act(SEPA) comments on
Bio Recycling Storage Lagoon.
Attachments: Originals on file with the Clerk of the Board.
cc:CMMRS Neatherlin,Shutty&Drexler
Clerk) o M'311 Q r(Du P
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
3000 Pacific Ave SE - P O Box 43075
Olympia WA 98504-3075
TO: MASON COUNTY COMMISSIONERS APRIL 2, 2018 R" I r E D
SPECIAL OCCASION #: 093051 r
NORTH BAY HISTORICAL SOCIETY APR 0 5 2018
31 E WADE ST
Mason County
ALLYN, WA 98524
Commissioners
DATE: JULY 21, 2018 TIME: 9 AM TO 10 PM
PLACE: ALLYN WATERFRONT PARK (ENCLOSED) - 18560 SR3, ALLYN
CONTACT: BONNIE KNIGHT - DOB 12.10.1942 - 360-801-1064
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
":"1 RS Neatherlin,Shutty&Drexler
RECEIVED Clerk
,,-t;,,,a,
I APR 06 2018
Mason County
Cornmit �-
THURSTON-MASON � o1"'y B0 1' �Appll 19611
Behaviozalllealth Organization
I am seeking appointment-to the ThurstoTFMason Behavioral Health Organization(BHOI:AdvisorVBaard::
Name., Thereslal Ehrich.
Malling Address.:
RA'Box1 Q37
cam' Shelton98592
Wa`rk/Cel 3W427-81670#M 360463-4 .2 2
email:
theresedoo.,maso wa us.
1. Please describe briefly why you would like-to-serve_on this Advisory. Board;
Mental health is an ever increasing impact on all our fives. Our Sheriff office:has a" ongoing goal to Gtiprtc v�iith stakeholders to
increase:and improve mental bbalfh services in Mason County. We have worked for many years with other agencles,health
cafe providers,citizens and other departments to address mental health. in my role as a Chief peputy fDr'our Sheriff;t believe
(can provide information and perspective to positively assist and plan in decisions affecting both our counties.
2. Whit civ°yoU Pefceive.ft the-YQle:oft<his Advisory 641a d?
M a partner;ti source and adV.d date for,the Thurston-Mason 131-111 organization.
3. What corttNbtAi0l%d0 you Wish to offerth#A0visoxy Board?
Ptibl'ic$afety,.personal,*and citizen perspective'aherliving°in Mason County for 84 years and woi hg°at.Mason l✓ounty fbt fl
year*Utilize the mariy.jrears of working with.divefse oj6afiiZ6tions to enhance our community arld oddk*s oUrOwiTiCtQA In
need to address mental illness.
4. `Please lrstyour eduoatiotriai background.
Attetiifed classes at Univerisity of Oregon,a credlted.country clubmanagetfor lAyeiami accredited Washington Finance Officer
forthe.past 9 years,many leadership,mental health, rant,publicsatoty trairi'ing c(s(sses,
5. P,lease.list cornmunityorganiraticns.(rnerxairship/actiulties)and/ r vai.urtiteer work that you: re_ rrenfly
involved in.
Vice Chairot`our Mason County taw F_r&rcementTosch:ftun forSpecfail Olympians
AssW ativlkoiy g oups for MGSO
votunfee rat our shelter s;serving meals and other services:
6. Please listpdst.community organizations;(membershfpfactivittes),vo unteer'Wark abd�flr other relevant
.activities you Were involved in.
Chaired Criminal Justice Team for a year
School board member for 5 years,Chair'far.3years
Led worship team and youth group on and off throughout many years
Volunteered in classrooms:
Taught qudget.classes at the State auditors conference
7. What is your current occupation?
Chief Administrative.Deputy fpr ttte..Masan.Dbunty Shoriff
8. Please.indicate Mace of 6 rrent emol.oVamt,if any, below.:
Aeencyloreanization address Phone
Mason County Sheriff Office PvO.Dox 1*637 Shelton,WA 98584 360-427-9670 Ext63.6
9. Please list past occupatfon(s)and places}of employment
Aeenw/organization Address.: Phone
Alderbrook Golf ki Yacht Club E.330 Country Club Drive Union,(IIIA 98592 360-698=2560
10.. Please list three(personal or work-related)references.
Name Address Phone
Casey Salisbury-Sheriff
Kevin Shutty-Commissioner
Rick Bueschel-Owner of HCG
Tofu Davis-Veteran's advocatelfriend
Troy Jasmine-Computer Creations Owner
11.. Appoinimenttothis Advisory Board will requireyour attendance at regularly scheduled meetings, which
usually occur in the aitening. Members are appointed for a three (3)year to".- Howmany hours per month
are you w 11ng�W cori5mO 4 hours or whatever is necessary
Signatu
pcpni
Please feel free to attach any Information that you.feel pertinent.if you.have any questions orconcerns;-please
contactTna Gehrig ateehrIgt@co.thurston.wa.us or 360-867-2509.
Please return this compreted'appifcation to
Tina Gehrig;Thifrston=Mason OHO
412 Lilly Road:NE,QCympia,WA.98506
gehrigt6cothurston.wa us
Revhwd 9=iis
cc:CMMRS Neatherlin,Shutty&Drexler
RECEIVE® ClerkID(CA�a- I'vh�
beQ�' CotMASON COUNTY COMMISSIONERS
APR 112018 411 NORTH FIFTH STREET
SHELTON WA 98584
Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269
ixu~' Commissioners
I AM SEEKING APPOINTMENT TO TIP CAP
NAME: Kathy Geist
ADDRESS: 790 E Johns Prairie Road
CITY/ZIP: INCT: WORK PHONE- 360-432-5754
Shelton Union E-MAIL
(OR AREA IN THE COUNTY YOU LIVE) kgeist@masontransit.org
-------------------------------------------------------------------------------------------
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE)
(ACTIVITIES OR MEMBERSHIPS) COMPANY: Mason Transit Authority 6 years YRS
POSITION: Outreach/Transit Planner
COMPANY: City of Shelton 19 years YRS
POSITION: Code Enforc. Permit Tech, Project Co.
In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
Mason Transit Authority_ManageLMike..-Olives_-serYednrLthe__TIP_CAP.-b.oar...d for_many.-y.eamiepr.esentingpublic
transportation on the TIP CAP board. I am applying to take Mike's place on the board to ensure public transportation
is represented. Through th provide, people of Mason County and others enjoy the personal I'Tiability to
connect with the community for em looyment, physical and mental health,._edu�ation. recreation, and social belonging
which gives everyone the quality of life they deserve.
What interests, skills do you wish to offer the Board, Committee, or Council?
Before worki TA.J-worked-fcOtk),,--Lity-of-Sheltan..for-19-years--in the Community-and-Economic Development_
Departmentas the Code Enforcement Officer and Planner 1. Additionally, I represented public works as well as the
engineering department as project coordinator and permit technician.
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential conflict of interest)
None
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be
able to attend such trainings? Yes _
Realistically, how much time can you give to this position?
X Q X Monthly Weekly Daily
Office Use Only
Appointment Date
Signature Date
Teem Expire Date
cc:CMMRS Neatherlin,Shutty&Drexler
Clerk
From: "Herb Gerhardt" <hgerhardt@wavecable.com>
To: "'Kell Rowen"' <krowen@co.mason.wa.us>
CC: "'Kelsey (ECY) Dunne"' <kdun461@ECY.WA.GOV>, "'Herb Gerhardt"' <hgerhard...
Date: 4/11/2018 10:29 AM
Subject: RE: SEPA comments Bio Recycling Storage Lagoon
Kell, RECEIVE®
Thank you for being diligent in getting this information out and clarifying
that we could submit our comments to you via email. APR 112010
1 have been monitoring the North Ranch Bio Recycling site operations since Mason County
2007 and am fairly up to date on this site and watched the entire Commissioners
Commissioner's Briefing last Monday on MasonWebTV which was very
informative. Yes, I understand that the way things are today, you are only
accepting comments to the permitting of the proposed Storage Lagoon. I will
try to limit my comments to this project below:
1. Yes, the proposed Lagoon is desperately needed to limit the amount
of nitrogen and effluent byproducts that are released into the environment
and our precious ground water. So, I fully support this Storage Lagoon
project as long as all the safety concerns regarding this enormous water
storage lagoon are adhered to.
2. As the WA Ecology preliminary permit states, they are not
permitted to discharge the treated effluent during our rainy season. So, if
they do not finish its construction by the start of this next rainy season,
they should not be permitted to spray any of their treated effluent during
the winter months of 2018/2019. 1 did not agree to allowing them to
continue spraying this last rainy season and do not want them to be allowed
to do it again under any circumstances.
3. The long term safety of this Storage Lagoon needs to be adhered to
and continuously monitored to make sure there will never be a breach of this
lagoon which would cause a wall of water to escape down the valley and cause
lots of environmental harm, endanger people and homes, and, endanger
wildlife including any salmon streams and spawning wetlands/swamps.
4. 1 also think that the North Ranch operator and the actual land
owner need to provide a long term liability insurance policy that will cover
any damages caused by a potential failure of this lagoon and disposal site.
This policy period needs to extend at least 50 years past the closure date
of this facility. As I see it, if this site ever fails, the North Ranch Bio
Recycling owner would be forced to declare bankruptcy and the residents of
Mason County would be stuck with all future clean up costs. I do not
predict that such a catastrophe will happen, but if it does, I want the
local residents to be protected and not stuck with all the cleanup costs.
5. This permit should also require a large map and emergency
responder instructions at the entrance to the site in case a catastrophe
ever occurs and that way responders to this catastrophe will have a clear
plan on how this site is laid out and how to respond.
6. This permit also needs to cover that this Storage Lagoon and its
liners must be properly disposed of and the land restored back to the way it
was before building this lagoon.
7. 1 also believe that Mason County MUST be involved in monitoring
this facility in order to assure environmental health of the area and the
residents including their drinking water wells. Mason County cannot
continue to say it is a State responsibility and not theirs when the health
and welfare of our Mason County residents is at hand.
So the bottom line is that this Storage Lagoon needs to be built and
operation by October of this year in order to keep the North Ranch Bio
Recycling facility operational during our rainy season!
I will continue to monitor the activities at the North Ranch and provide
additional comment when the renewal for their permit comes up again. Please
ensure that my email continues to be included in all future mailings
regarding this facility.
Thanks,
Herb Gerhardt, KB7UVC
90 NE Rainbow PI N
Belfair, WA 98528
Home: 360-275-6876
Cell: 360-551-3670
From: Kell Rowen [mailto:krowen@co.mason.wa.us]
Sent: Monday, April 09, 2018 5:28 PM
To: Kell Rowen
Cc: Kelsey (ECY) Dunne
Subject: SEPA comments Bio Recycling Storage Lagoon
This message is being sent to the Interested Parties list(and to those who
have already commented, and have been automatically added to the Interested
Parties list).
To clarify, you CAN send your comments to me via email at
krowen@co.mason.wa.us. I understand there was confusion that only mailed
comments would be accepted. I accept both. Please do NOT leave your comments
via a voice mail. I am happy to take phone calls with questions.
REMINDER: Close of comment period is midnight Thursday, April 12, 2018.
Sincerely,
Kell Rowen
Senior Planner
krowen@co.mason.wa.us
360.427.9670 ext. 365
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of March 26,2018
Monday,March 26,2018
9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Litigation
Commissioners Neatherlin,Drexler and Shutty met in executive session with Prosecuting
Attorney Michael Dorcy,Chief Deputy Prosecuting Attorney Tim Whitehead,and
Prosecuting Attorney Tim Higgs from 9:00 a.m.to 9:32 a.m.
9:30 A.M. Mason County Sheriffs Office—Chief Spurling
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Chief Spurling presented a Memorandum of Understanding between North Mason School
District and Sheriffs Office for a School Resource Deputy(June 2018—June 2019).
Cmmr.Neatherlin stated that in the 2017 budget the Commissioners agreed to fund a
Deputy who would be split between boating duties and School Resource Officer duties.
Contract will start July 1,2018 and it is unknown how the payment will work—possibly
$40,000 in 2018 and$40,000 in 2019. The Sheriffs Office is working with the School to
determine how the funding will be paid.
9:45 A.M. Support Services—Frank Pinter
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Request to set public hearing to consider 2018 Budget Supplement requests from MCSO
-$102K from BHO for training;$150K from Mental Health Tax Fund to replace lost
BHO revenue for Jail mental health services and$80K from North Mason School for
School Resource Deputy. The amount from North Mason School may be adjusted and
Frank will bring this back for briefing.
• April 2 agenda for Elected Official/Director meeting will be circulated.
• A public hearing will be scheduled for the 2017 Open Space applications in May. If a
Public Benefit Rating System is established,all those in the Open Space program will be
reviewed and rated on the new system. Cmmr.Drexler asked that language be added to
the hearing notice that will be mailed to applicants stating the program may be changed.
• An Employee Badge Policy will be moved forward for adoption.
• Certificate of Eligibility for Pensions for Andrea McMillian will be forwarded for
adoption.
• Homeland Security Program Grant in the amount of$24,624 will be forwarded for
adoption.
• Cmmr.Drexler stating she is working with TIB on changing the WAC allowing Counties
to apply for funding for sidewalks.
• Requested Frank follow up with Dave Windom on the status of the definition of multi-
housing—want to make sure the definition doesn't contradict the state's definition of
multi-housing.
• Frank is working with Dave Windom to review the status of the Mental Health Fund and
commitments to this fund. There is a possibility of purchasing a home for Therapeutic
Court participants.
• Cmmr.Shutty provided an update on the Economic Opportunity Zones. Skokomish
Tribe is nominating Belfair/Allyn for their set aside and Squaxin Island Tribe is
nominating a zone.
10:30 A.M. BREAK
10:45 A.M. Public Works—Jerry Hauth
Utilities&Waste Management
Commissioners Neatherlin,Drexler and Shutty were in attendance.
Board of Mason County Commissioners' Briefing Meeting Minutes
March 26,2018
• Approval to submit grant application for Ecology Local Solid Waste Funding Assistance
(LSWFA).
• Approval to create County Road Project 2014 for Deegan Road West for culvert
replacement that will be funded with Fish Barrier Removal Board(FBRB).
• Approval to appoint Dan Teuteberg to the Solid Waste Advisory Committee.
• Review of Utility and Waste Management positions and permission to fill vacated
positions.
• Jennifer updated the Board on filling vacated accounting positions and requested
permission to post to fill a vacated clerical position.
• Bart presented.infonmation on a Utility Internship Program with Arbor E&T which is a
local service organization that provides job training and work experience for youth.
Arbor pays all wages L&I costs for the interns.
• Dave Smith provided information on Ballow Road and Fudge Point State Park parking.
Commissioner Discussion
Cmmr.Neatherlin brought up Board of Health(BOH)membership and asked if the
Commissioners are open to inviting the North Mason school superintendent to sit on the
BOH. The request was approved and Cmmr.Neatherlin will inform Dave Windom.
Respectfully submitted,
Diane Zoren,Administrative Services Manager
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Tem Drexler Kevin Shutty
Chair Commissioner Commissioner
BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of April 2,2018
Monday, April 2,2018
9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion
Commissioners Neatherlin,Drexler and Shutty met in Closed Session from 9:00 a.m.to
945 a.m.with Frank Pinter for a labor discussion.
9:45 A.M. Support Services—Frank Pinter
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Application has been received for the Thurston-Mason BHO law enforcement
representative position.Chief Ehrich indicated she intends to apply.
• Resolution to adopt the Mason County Multi-Jurisdictional Hazard Mitigation Plan was
approved to move forward.
• Extend vending services contracts for Mendoza's Texas Style Food(MCRA)and North
Mason Little League(Sandhill Sports Complex)was approved.
• Frank provided follow up information on the 2018 Budget hearing request for Sheriff's
Office: $150K from Treatment Sales Tax Fund(Mental Health Fund)to replace lost
BHO revenue for Jail mental health services;$102K from BHO for training;and up to
$80K from North Mason School to Patrol. Request to set hearing on May 1.There is also
the$14,000 due to Public Works for crime scene work performed in 2017. Can this be
paid from Current Expense by the return of Emergency Management vehicle to ER&R—
value is$14,000. Cmmr.Neatherlin wants to make sure the North Mason School patrol
expenditure is for only what is spent in 2017.
• Mel Chev lease extension is proposed for 5 years with an annual increase of 5%. Frank
stated the owner is willing to consider selling the building but Frank cautioned the
Commissioners on the mitigation of contaminants of the property due to past usage of the
building. Cmmr.Shutty and Drexler stated they have no interest in buying the building;
all three Commissioners agreed to extend the lease for 5 years.
• Notice that the update of the Jail Standards are being reviewed.The Jail Standards have
not been updated since 1987. Chief Hanson said he has drafted updated Jail Standards
and used Kitsap County as a model. The WA State Jail Standards Commission was
abolished but RCW 70.48 requires local jurisdictions adopt jail standards.WAC 289 was
decodified.
e Frank stated there will be a joint briefing next week regarding the status of Traffic
Policing contract and the status of the budget.
• Implementation of Employee Take Home Vehicle Policy for Public Works employees.
Frank has received an opinion from a CPA that the take home vehicles are subject to a
$1.50 taxable income each way. He asked if the Commissioners want to supplement each
applicable employee's pay to accommodate the tax liability. Cmmr.Neatherlin supports
increasing the stipend. Cmmr.Drexler does not agree to paying an increase because it's
part of their job. Cmmr. Shutty wants time to consider the request.
11:45 A.M. Sheriffs Office—Chief Hanson
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Chief Hanson reviewed jail staffing and due to vacant positions,they have had to pay
overtime at a higher amount than anticipated. Depending on staffing,they may need an
additional$30K to$50K by end of the year. They are in the process of hiring staff.
Having only 27 funded commissioned Corrections Deputies is the minimum necessary to
run the jail and when vacancies occur,it makes it difficult to manage the jail.
Outsourcing inmates doesn't fix the problem because there is still a minimum amount of
staff necessary to run the jail.
Mason County Board of Commissioners Briefing Meeting Minutes
April 2,2018
• Chief Hanson provided an amended prisoner housing contract between Mason County
and City of Shelton. The contract guarantees Shelton Municipal 7 daily beds and two of
those beds can be used by Shelton Police Department for non-municipal arrests. The
billing will be quarterly at a flat rate of$102 per day per inmate. Inmates requiring high
needs,will be billed at$125 per day.
The Commissioners took a 5 minute recess.
1:45 A.M. Community Services—Dave Windom
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Todd presented a contract amendment for$40K for HEN funding that will be placed on
tomorrow's agenda.
• Todd presented a Request for Proposal to use Treatment Sales Tax(Mental Health Fund)
to purchase a house to be used by the participants of the Therapeutic Courts. Cmmr.
Drexler suggested language be included that county-owned property would be reviewed
to see if one could be used for this purpose. The dwelling owned by Homes First was
brought up and Lydia stated Homes First is up and running. Cmmr.Neatherlin will
review possible tax title properties to see if there is a viable dwelling. The housing
agency selected will own the dwelling and the operating cost of the dwelling will be paid
by rent. Commissioners Drexler and Neatherlin questioned the business model of this
purchase. Cmmr. Shutty suggested holding off for now and having the Housing&
Behavioral Health Advisory Board that is being created,take a look at this. Renee
Cullop said Therapeutic Court participants must have housing and there have been
denials due to no housing.
After discussion of the pros and cons of the proposal,the Commissioners approved
moving forward with the RFP.The proposals can be rejected.
• Creation of the Housing and Behavioral Health Advisory Board was discussed. The
Commissioners had several edits and Cmmr.Drexler will work with staff.
• New release for all staff training day and Community Services will be closed on April 25.
• Request for Qualifications for commercial permit review services will be coming
forward.
• Dave stated he has reviewed his staff structure and he will be filling vacant manager
positions. The Planning Manager position will be posted;Environmental Health
Manager will be posted in a couple of weeks.
11:15 A.M. Public Works—Jerry Hauth
Utilities&Waste Management
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• AARP Community Challenge 2018 application for a sidewalk project on Old Belfair
Highway was approved to move forward.
• Vactor truck purchase is on the April 3 agenda.
• Eells Hill Improvements Design Amendment 2 for construction services by HDR was
approved to move forward.
• Bart provided an Eells Hill construction update and there will be facility closure days,the
first bein*April 16.
• Staff provided an update on the Belfair Mobility Plan. An open house will be scheduled
on April 18. Discussion of the best location for a connector road based on mobility and
land use.
Commissioner Discussion—there was no discussion.
The Commissioners took a break at 12:35 p.m.
Mason County Board of Commissioners Briefing Meeting Minutes
April 2,2018
2:00 P.M. Elected Official/Department Head Meeting
Commissioners Neatherlin,Drexler and Shutty were in attendance along with elected
officials,directors and members of the public.
Frank Pinter,Support Services Director,provided an update on the following:
• Mason County Safety and Accident Prevention Program .
• Mason County Policy and Procedure for Defense and Indemnity of Employees
• Update on the City of Shelton Alder Street Project and the impacts to the County. There
will be no parking allowed on Alder Street,handicap parking will be relocated to 4`h
Street and parking will be allowed on the former Catholic Church property.
• Frank provided the status of 2018 budget supplement regarding medical contributions
and the number will be reviewed with the departments and the budget hearing will be
done by end of June.
• Status of creation of Mason County Citizens Advisory Budget Committee
• Dave Windom stated Community Services is moving to having permitting on-line.
• Judge Meadows shared information with a new law pertaining to indigent defense that
could have a financial impact to the County.
• Treasurer Frazier stated her office is very busy with collecting property tax.
• Sheriff Salisbury stated they have lost additional staff in the jail.
• Auditor Herr shared information on the impact of new voting laws.
• Chief Public Defender Peter Jones stated Ron Sergei will be receiving an award for top
Public Defender.
• Amber Cervantes shared information from the Assessor's office. Their office is also very
busy due to property tax being due and citizen's requests for the senior exemption
program.
• Cmmr.Drexler stated the Commissioners are looking at adopting a Public Benefit Rating
System(PBRS)and there are currently 300 property owners in the property. Community
Development will run the PBRS. The Evaluation and Treatment Center(former PUD 3
building)is moving forward and will have 12 beds.
• Next Meeting—Monday,June 4 @ 2 p.m.
The meeting adjourned at 2:40 p.m.
Respectfully submitted,
Diane Zoren,Administrative Services Manager
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Terri Drexler Kevin Shutty
Chair Commissioner Commissioner ,
BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of April 9,2018
Monday,April 9,2018 -
9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Litigation
Commissioners Neatherlin,Drexler and Shutty met in Executive Session from 9:00 a.m.
to 9:28 a.m.with Tim Whitehead,Chief Deputy Prosecuting Attorney for litigation.
9:30 A.M. Sheriff s Office—Chief Spurling
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Chief Spurling briefed the Commissioners on the status of the Traffic Diversion program.
The quarterly report was reviewed. The Sheriff's office is providing information to meet
CRAB requirements on how the Traffic Diversion funding is spent. Although there is no
signed agreement between Sheriffs Office and the Commissioners,the Sheriff's Office
intends to fulfill the intent of the agreement. Discussion of how to report the alternative
sentencing activities which are not eligible for Traffic Diversion,it is interconnected with
Patrol.
Cmmr.Neatherlin asked if what is reported will be accepted by CRAB. John Heustis
stated how the Traffic Diversion budget is being reported is acceptable by CRAB but
ultimately it will be audited by the State Auditor.
Discussion of the draft agreement between the Sheriffs Office and Commissioners. In
the annual sign off of the Diversion,Public Work signs off that a certain amount was
diverted;the Auditor signs off that the payment process was proper and the Sheriff signs
off saying the Diversion was properly spent.
Frank stated CRAB has reviewed the draft agreement with proposed changes and is ok
with the combined agreement.
Cmmr.Neatherlin wants to be certain the Traffic Diversion is appropriately spent so no
accounting corrections have to be done after the fact. He supported increasing the
Diversion amount based on having an agreement in place.
10:00 A.M. Community Services—Dave Windom
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Agreement with Ecology for$89,860 in funding for the solid wasted program. This
requires a 25%match of$22,465 from tipping fees.Approved to move to agenda.
• Dave noted he was driving in the south end of Mason County and noted several people
living in RV's and pointed out if there are regulations not allowing RV's to be residences,
what happens to those that are living in RV's.
• All staff training on April 25 and Community Services will be closed.
• Authority for the Community Services Director to sign contracts and amendments not to
exceed$15,000 approved to move forward.
• Approval to request for proposals for consulting for Building Division Services.
• Review of Treatment Sales Tax Fund[TST(Mental Health)]. Dave talked about the
$150,000 request to Sheriff/Jail for jail inmate mental health services. He believes it
should be managed like other funding requests—on a reimbursement basis with a budget.
Commissioner Drexler stated this should be a one-time expenditure request but the
Sheriff s office may apply for the funding in future years. Frank provided a budget
spreadsheet of the TST fund and commitments/revenues. The$150K will come out of
the ending fund balance.
The$300K request for housing for Therapeutic Court participants will need a budget
adjustment if approved to move forward.
The Commissioners would like reporting of how the$150K is used in the jail—need a
budget and the eligible expenses will be reimbursed. Lydia said typically the data comes
from the service provider. Frank said he understands the reimbursement request will
Board of Mason County Commissioners Briefing Meeting Minutes
April 9,2018
come from the Sheriffs office much like other departments that request funding from the
TST/Fund.
• Review of the resolution that establishes an approval process for the TST. The policy
and procedures will be referenced in the resolution but not as attachments so there.is
flexibility in future changes. Changes will be made to the resolution and it will be
briefed again.
10:30 A.M. BREAK
10:45 A.M. Public Works—Jerry Hauth
Utilities&Waste Management
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• WA State Department of Transportation staff presented updated information on the
Lynch Road/U.S.Highway 101 improvements.
• Purchase of a new pump for the failed pump at the Tacoma Lift Station for the North Bay
Sewer system will be placed on tomorrow's agenda.
• Request for Proposals for the Solid Waste Privatization will be extended.
• Jerry reported he has an agreement for property for the Matlock/Brady Road project and
within Jerry's authorization to approve.
• $4M appraisal has been received on the Public Works Highway 10 1/102 property.
11:30 A.M. Mason Conservation District—John Bolender
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• John and Barbara Adkins provided an update on Voluntary Stewardship Program(VSP).
The formal submission date to the Technical Panel is May 24. Approval of the Work
Plan by the Technical Panel is August 24,2018. There is a recommendation to amend
County Code acknowledging this plan exists and where a person would go to learn about
the plan. Commissioners asked Barbara to contact Community Services regarding the
Code change.
• Cmmr. Shutty asked about status of the Skokomish Valley Road project. John reported
they have received positive feedback and will move forward with the 30%design phase.
Floodplain by Design funding$6.7M received and will be used for match to Corps of
Engineers funding.
Commissioner Discussion
• Cmmr.Drexler brought up CJTA funding,$50,000,that is used for treatment of
Therapeutic Court participants. Renee in Therapeutic Courts is recommending the
funding be brought into the County and the County contract for services. The
Commissioners agreed to direct the funding to the County.
BREAK—NOON
2:00 P.M. Support Services—Frank Pinter
Commissioners Neatherlin,Drexler and Shutty were in attendance.
• Two applicants for Thurston-Mason BHO law enforcement representative position were
received—Chief Moody and Chief Ehrich. Cmmr.Drexler recommended Chief Moody
be appointed to serve as the law enforcement representative and Chief Ehrich serve as a
citizen on the BHO advisory board. The Commissioners approved moving these
appointments forward.
• Request to correct Open Space agreement from Duane Rodgers that was originally
approved in 2011. Agreed to include in the May 8 hearing and the Assessor's office has
indicated they can correct this after the Board approves placing in the Timber program as
originally requested.
• MOU for Jail Sergeants was approved to place on the agenda.
Board of Mason County Commissioners Briefing Meeting Minutes
April 9,2018
• Amendment to Non-Union Salary Resolution to include the Noxious Weed Control
position was approved to move forward.
• Frank reviewed the plan to host a School Safety Summit. This will be briefed again next
week.
• Follow up on implementation of Employee Take Home Vehicle Policy for Public Works
employees. Cmmrs.Drexler and Shutty do not wish to compensate the affected
employees for any tax liability they may incur for taking home a county vehicle.
• Amend sub-recipient agreements with Enterprise for Equity,WSU Extension,Economic
Development Council,North Mason Chamber of Commerce for CDBG Microenterprise
grant was approved to move forward.
3:00 P.M. Community Services/Department of Ecology
Commissioners Neatherlin,Drexler and Shutty were in attendance. Also in attendance
was several Ecology staff along with Community Services staff and several community
members.
• The briefing topic is the SEPA for North Ranch grading permit. 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 a Co-Lead Agency with the Department of Ecology
(Ecology)issued a Determination of Non-Significance(DNS)after review of the
associated documents. Kell Rowen,Senior Planner,explained the SEPA process. This
is not an expansion of the facility but to mitigate a nitrate issue in the soils. A
PowerPoint presentation was shown that provided details on this proposal. Mason
County's role is to issue the grading permit.
Respectfully submitted,
Diane Zoren,Administrative Services Manager
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Terri Drexler Kevin Shutty
Chair Commissioner Commissioner
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North 51h Street, Shelton, WA
April 10, 2018
1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m.
2. Pledge of Allegiance— led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3 —Terri Drexler.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Randal Lewis, James Sims and Diane McLean sent in applications for the Mason
County Citizens Advisory Budget Committee.
4.1.2 Jeanne Robinson sent in an application for Parks and Trail Advisory Board.
4.1.3 Mason County Fire Districts 9 and 16 sent in an announcement regarding a proposed
merger to become West Mason Fire and Rescue.
4.1.4 Tristan Goldsby sent in comments regarding the jail.
4.1.5 State of Washington Department of Social and Health Services sent in a letter
regarding new requirements related to the distribution and administration of the
Criminal Justice Treatment Account (OTA).
4.2 News Release-Mason County Community Services one day closure Staff: Kristopher Nelson
4.3 Proclamation- Mason County Shellfish Week Staff: Cmmr. Drexler
4.4 PUD #1 water expansion update - Kristin Masteller
4.5 Timberland Regional Library Report- Cheryl Heywood
5. Open Forum for Citizen Input—
5.1 Jeffrey Dennison requested the comment period for the storage lagoon at Webb Hill be extended
because the Journal had stated the wrong end date. He asked that the comment period be
extended until April 30, 2018.
5.2 Charles Orthman read"The New Colossus"by Emma Lazarus. He also addressed the poverty
within the City of Shelton.
6. Adoption of Agenda - Cmmr. Drexler/Shutty moved and seconded to adopt the agenda as
published. Motion carried unanimously. N-aye; S-aye; D-aye.
7. Approval of Minutes— March 19, 2018 briefing minutes and March 27, 2018 regular meeting minutes.
Cmmr. Shutty/Drexler moved and seconded to approve the March 19, 2018 briefing
minutes and March 27, 2018 regular meeting minutes. Motion carried unanimously. N-
aye; S-aye; D-aye.
8. Approval of Action Agenda:
8.1 Approval to set a Public Hearing on May 1, 2018 at 9:30 a.m. to consider the
following:
Supplemental Requests
• $80,000 to Current Expense MCSO Revenue from North Mason School District for School
Resource Officer
• ($80,000) to Current Expense MCSO for Salaries and Benefits Patrol (OT)
• $101,000 to Current Expense MCSO Revenue from BHO for Training
• ($101,000) to Current Expense MCSO for Professional Services UTC Training
TOTAL: $0
Budget Transfers-
* $150,000 Transfer Out from Treatment Sales Tax Fund to MCSO Revenue
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
April 10, 2018 - PAGE 2
• $150,000 Transfer In from Treatment Sales Tax Fund to MCSO Revenue replacing
$150,000 from BHO
• $14,500 Revenue to CE Ending Fund Balance from Public Works ER&R for DEM Vehicle
#00158 being returned to ER&R
• $14,075 Payment to Public Works from MCSO- Professional Services via CE Ending Fund
Balance for Labor&Equipment for Special Investigation work completed in 2017
TOTAL: $178,075
8.2 Approval to authorize the County Engineer to execute the AARP Community
Challenge 2018 application for a sidewalk project on Old Belfair Hwy, as well as
approval to authorize the Chair to sign all pertinent documents for the project.
8.3 Approval to authorize the Deputy Director/Utilities & Waste Manager to approve
Amendment No. 2 for construction services by HDR, Inc. for the Eells Hill
Improvements project.
8.4 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8055100-8055363 $ 1,051,595.60
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Treasure Electronic Remittance for March 2018 $ 1,864,209.82
8.5 Approval to set a Public Hearing on Tuesday, May 8, 2018 at 9:30 a.m. to consider
the 2017 Current Use Open Space applications and correcting a 2011 Current Use
application from Duane Rogers.
8.6 Approval to extend vendor contracts for Mendoza's Texas Style Food and North
Mason Little League contracts for three years (2018-2020).
8.7 Approval of the resolution to adopt the Mason County Multi-jurisdictional Hazard
Mitigation Plan.
8.8 Approval of the amended prisoner housing contract between the Mason County
Sheriff's Office and the City of Shelton.
8.9 Approval to amend the rental contract for the Mell Chevrolet Building for Facilities,
Sheriff's Office Evidence, and Mason County Search and Rescue.
8.10 Approval to purchase a new pump from Granich Engineered Products, Inc. to replace
a failed pump at the Tacoma Lift Station for the North Bay Sewer System.
Cmmr. Neatherlin asked to remove item 8.1 for a separate vote.
Cmmr. moved and seconded to approve action items 8.2 through 8.10. Motion carried
unanimously. N-aye; S-aye; D-aye.
8.1 Dave Windom stated that this supplemental request is not just a lump sum of$150,000. He
explained that this is a payment by voucher with a small set of specific deliverables.
Cmmr. Drexler asked if this should be called a reimbursable allocation instead of a budget
transfer. Dave said yes, up to $150,000. Discussion was had between Cmmr. Drexler and Dave
regarding the deliverables.
Cmmr. Drexler/Shutty moved and seconded to set a Public Hearing on May 1,
2018 at 9:30 a.m. to consider the following:
Supplemental Requests
• $80,000 to Current Expense MCSO Revenue from North Mason School District
for School Resource Officer
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
April 10, 2018 - PAGE 3
• ($80,000) to Current Expense MCSO for Salaries and Benefits Patrol (OT)
• $101,000 to Current Expense MCSO Revenue from BHO for Training
• ($101,000)to Current Expense MCSO for Professional Services C]TC Training
TOTAL: $0
Budget Transfers-
Up to $150,000 Transfer Out from Treatment Sales Tax Fund to MCSO Revenue
• Up to $150,000 Transfer In from Treatment Sales Tax Fund to MCSO Revenue
replacing $150,000 from BHO
• $14,500 Revenue to CE Ending Fund Balance from Public Works ER&R for DEM
Vehicle #00158 being returned to ER&R
• $14,075 Payment to Public Works from MCSO- Professional Services via CE
Ending Fund Balance for Labor&Equipment for Special Investigation work
completed in 2017
TOTAL: $178,075
Motion carried unanimously. N-aye; S-aye; D-aye.
9. Other Business (Department Heads and Elected Officials)- None.
10. 9:30 a.m. Public Hearings and Items set for a certain time— No hearings.
11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair
Terri Drexler, Commissioner
Kevin Shutty, Commissioner
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North 5th Street, Shelton, WA
April 3, 2018
1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance —City of Shelton Cmmr. Kevin Dorcy led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 — Kevin
Shutty; Commissioner District 3 —Terri Drexler.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent three marijuana license
applications for the following; Mayflower Partners 311 E. Export Rd, Shelton;
Raindrop, and Dayton Delight 7511 W Shelton Matlock Rd, Shelton.
4.1.2 Washington State Liquor and Cannabis Board sent in a liquor license application for
Alderbrook Resort & Spa 10 East Alderbrook Drive, Shelton.
4.1.3 Darrin Moody sent in an application for Thurston-Mason Behavioral Health
Organization advisory board.
4.1.4 Jeff Carey and Cheryl Williams sent in applications for the Mason County Citizens
Advisory Budget Committee.
4.1.5 Washington State Housing Finance Commission sent a Notice of Continuance of
Public Hearing.
4.1.6 Mr. Christe brought in a thank you letter for Commissioner Drexler.
5. Open Forum for Citizen Input—
5.1 Charles Orthmann spoke about how he is no longer homeless. He spoke about the Aged, Blind,
or Disabled (ABD) program and thanked the County for their support. He announced that he
would like to step into office for the City of Shelton.
6. Adoption of Agenda - Cmmr. Shutty/Drexler moved and seconded to adopt the agenda as
published. Motion carried unanimously. N-aye; S-aye; D-aye.
7. Approval of Minutes— March 5th and March 12, 2018 briefing minutes; March 6th and March 20, 2018
regular meeting minutes.
Cmmr. Drexler/Shutty moved and seconded to approve the March 5th and March 12,
2018 briefing minutes; March 6th and March 20, 2018 regular meeting minutes.
Motion carried unanimously. N-aye; S-aye; D-aye.
8. Approval of Action Agenda:
8.1 Approval of the State Homeland Security Program FY-17 grant contract #E18-156
and approval to allow the Emergency Management Manager to sign the contract on
behalf of Mason County.
8.2 Approval of a State of Washington Volunteer Firefighters and Reserve Officers
Certificate of Eligibility for Pensions for Andre McMillian.
8.3 Approval of amendments to Resolution 17-18 Mason County Personnel Policy, to add
Chapter 2.3, Employee Badge Policy. (Ex.A-Res. 22-18)
8.4 Approval to authorize the submittal of the 2017-2019 Local Solid Waste Funding
Assistance (LSWFA) grant application to the Department of Ecology and authorize
the Deputy Director/Utilities and Waste Management to sign the necessary
agreements.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
April 3, 2018 - PAGE 2
8.5 Approval of the resolution for County Road Project 2014, Deegan Road West culvert
replacement project, and approval to authorize the Chair to sign all pertinent
documents and authorization for the County Engineer to advertise, set bid
dates/times, and award contract. Also, approval to authorize John Huestis, PE, as
the authorized representative named on the Recreation and Conservation Office
Application Resolution/Authorization for the grant funding. Contract award will be
announced during a regular meeting of the Board.
8.6 Approval to appoint Dan Tutenberg to the Mason County Solid Waste Advisory
Committee as the agriculture representative.
8.7 Approval to authorize Public Works to purchase a used 2006 Vactor 2100 from One
Point 7 Inc. as a special market condition purchase in the amount of $109,000.00.
8.8 Approval of an additional $40,000 to be received from the Department of
Commerce's Consolidated Homeless Grant and awarded to Community Action
Council, to administer of the HEN program.
Cmmr. Drexler/Shutty moved and seconded to approve action items 8.1 through 8.8. Motion
carried unanimously. N-aye; S-aye; D-aye.
9. Other Business (Department Heads and Elected Officials)-None.
10. 9:30 a.m. Public Hearings and Items set for a certain time— None.
11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:19 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair
Terri Drexler, Commissioner
Kevin Shutty, Commissioner
�A- v-
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Brittany King Action Agenda x
Public Hearing
Other
DEPARTMENT: Commissioners EXT: 419
COMMISSION MEETING DATE: April 17, 2018 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY: Diane Zoren
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to nominate Darren Moody and Theresia Ehrich to the Thurston
Mason Behavioral Health Organization Advisory Board.
Background: The Thurston Mason Behavioral Health Organization Advisory Board is the
result of integration between the Thurston Mason Regional Support Network and
Thurston Mason Chemical Dependency Advisory Boards. Integration between mental
health and chemical dependency was a result of Senate Bill 6312. The Advisory Board
is a citizen advisory board which represents the citizens of Thurston and Mason
Counties.
The role of the advisory board is to advise the Thurston Mason BHO Governing Board on
matters relating to mental health and substance use disorder services in Thurston and
Mason Counties. Each member is expected to represent all citizens of the two counties
in their recommendations and advice.
RECOMMENDED ACTION: I move to nominate Darren Moody and Theresia Ehrich to
the Thurston Mason Behavioral Health Organization Advisory Board.
cicrv,,
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Giraldes Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: April 17, 2018 Agenda Item # IR
g
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s $
Direct Deposit Fund Warrant #s 49005-49368 $ 632,670.35
Salary Clearing Fund Warrant #s 7003537-7003576 $ 902,860.81
Total $ 1,535,531.16
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 5,677,527.70
Direct Deposit YTD Total $ 5,177,438.72
Salary Clearing YTD Total $ 5,600,751.84
Approval of Treasure Electronic Remittances YTD Total $ 2,259,829.23
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s $
Direct Deposit Fund Warrant #s 49005-49368 $ 632,670.35
Salary Clearing Fund Warrant #s 7003537-7003576 $ 902,860.81
Total $ 1,535,531.16
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of
the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Bart Stepp, Deputy Director/U&W Management Action Agenda
DEPARTMENT: Public Works EXT: 207
COMMISSION MEETING DATE: April 17, 2018 Agenda Item #
BRIEFING DATE: April 9, 2018
BRIEFING PRESENTED BY: Bart Stepp
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Rustlewood Sewer Main Cleaning and CCN Project Bid
BACKGROUND: 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.
BUDGET IMPACTS: 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.
RECOMMENDED ACTION: 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: Rustlewood Sewer Main Cleaning Bid Tab
Innovative Vacuum Services Contractor Information
PROJECT:Mason County,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 Tecnologles 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 Spill Prevention 1 $1,000 $1,000 $250.00 $250.00 $500.00 $500.00
2 General Mobilization 1 $1,000 $1,000 $880.00 $880.00 $5,000.00 $5,000.00
3 General Traffic Control Supervisor 1 $1,000 $1.000 210.00 $210.00 $7,550.00 57,550.00.
4 General Other Temporary Traffic Control 1 $1,000 51.000 $200.00 S200.001 $4,545.00 54,545.00
5 General Roadside Cleanup 1 $1,500 $1,500 $300.00=Grand
1 000.00 $1,000.00
6 Special B"Concrete Sewer Main Cleaned and CCN 4480 5 $22,400 2.003.83 $17,158.40
Subtotal $27,900 Subtotal tal $35,753.40
Sales Tax 8.5% $2,372 Sales Tax 8.5% Tax 8.5% $3,039.04
Grand Total $30,272 Grand Total Total $38,792.44
ADI S ectal 8"PVC Sewer Main Cleaned and CCN 39001 $4.501 $17,5501 1.85 $7.215.001 3.02 $11,778.00]
2018 RUSTLEWOOD 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 1yes Yes
3
4
5
BID PROPOSAL FORM
TO: Mason County Public Works
100 W. Public Works Drive
Shelton,Washington 98584
FROM: Bidder InnnvativP Vac=uum S .rvi .Ps
Address 209!19 70th Ave W
Edmonds, WA 98026
Telephone 206-889-3309/206-783-3317
E-Mail Qla 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
t
I
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
L 1-07 Spill Prevention,Control and 1 LS
Countermeasure Plan $250.00 $250.00
2. 1-09 Mobilization 1 LS 880.00 $880.00
3. 1-10 Traffic Control Supervisor 1 LS 210.00
4. 1-10 Other Temporary Traffic Control 1 LS 200.00 $200.00
5. 2-01 Roadside Cleanup 1 LS $300.00 $300.00
6. SPEC: 8"Concrete Sewer Main Cleaned and 4,480 LF
N
CCInspected 2.00 8960.0
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
ADI* SPEC. $ PVC Sewer Main Cleaned and CCTV 3,900 LF
Inspected $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 undersignedat the address stated below.
NON-COLLUSION DECLARATION
1, 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.
11
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 VaOu S;ewyces
Bidder's Busine s N�
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 t.
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.: INNnyysam nS
By: Lawrence Prein
20909 70th Ave W
Address
Edmonds, WA 98026
City State Zip
12
i
I
i
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:$ $80,000
Owner: City Of Lake Forest Park
Owner's Representative: Scott Walker Phone No.: 206-368-5440
Contractor's Superintendent on this Project: Nirpaul Kang
Brief Description of Project Scope: Cleaoiog of Storm and Sewer. with on call CCTV
2. Project Name: City of Clyde Hill 2017 Catch basin Cleaning
Dollar amount of Contract:$ $20,000
Owner: City of Clyde Hill
Owner's Representative: Mitch Wasserman Phone No.: 425-453-7800
Contractor's Superintendent on this Project: Nirpaul Kang
Brief Description of Project Scope: Jetting Stormwater Lines and Cleaning
13
3. Project Name: City of Port Angeles Sanitary Sewer and Stormwater Cleaning
Dollar amount of Contract:$ $60,000.00
Owner: City of Port Angeles
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
Home i�;paiiol Crn,tact earth L&I
A-Z inelex P.olp Ify u7
Safety&Health lairrs&Insurance Workplace Rights 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 I license/certification(depending on trade)and any past violations.
C......
_....__.
Meets current requirements.
License specialties
GENERAL
License no.
INNOVVS8610S
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
09/1012014 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
10/0112018
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
1010112018
Insurance history
Savings
No savings accounts during the previous 6 year period.
Lawsuits against the bond or savings
No lawsuits against the bond or savings accounts during the previous 6 year period.
L&I Tax debts
No L8d 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
T41 STEPHEN TASSONI(360)9024819-Email:TASS235@Ini.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.
Washington State Dept.of tabor&Indais-es.Use of this site is subject to the la,us of the sate of Washington.
Help Lm improve
Mn, DO
1 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 j License# Count E Details ?Status Expiration date First issuance d t j
Clyde Hill General Business ' I 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 r�rmua.�w.n�pop.mr,.d.w,wwmsas
F Gmeming people
Title
PREIN,LAWRENCE President,Secretary,Treasurer,Chairman of the
Board
Registered Trade Names
Registered trade names i Status First issued
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
k
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:
Nirpau) Kang
Title:
Director of Business Development & CCTV
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
SUBMITTAL.doc
Project Summaries
Project #1
Name:
2015 On-Call Storm & Sanitary Sewer
Cleaning & CCTV
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& CCTV
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
& CCTV
Public Agency:
City of Mill Creek, Public Works Dept.
Agency Point of Contact
Name:
Marci Chew
Phone Number:
425-921-5709
Email:
marcic@cityofmillcreek.com
Project Detail
Were you the prime contractor?: Yes
Specify the prime contractor?:
Contract Amount:
$ 149,791.42
When was the project completed?:
11(2015
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 Clean ing/Vactoring/Jet Rodding
• Catchbasin/Manhole 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
c
Selected Public Agency Rosters
Statewide
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: David Windom Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Services EXT: _260
COMMISSION MEETING DATE: April 17, 2018 Agenda Item # c�
Commissioner staff to com tete
BRIEFING DATE: April 9, 2018
BRIEFING PRESENTED BY:
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Grant signature authority to Mason County Community Services Director for
contracts and amendments for changes in contracts not to exceed $15,000.
Background: 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.
RECOMMENDED ACTION: Approve signature authority
Attachment(s): Resolution
IACommunity DevelopmentTLANNING\Marissa W\BOCC\Agenda\2018\04.17.18\CS_04.17.18_Consent
Cover Signature Authority.doc
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
April 2, 2018
APPROVED AS TO FORM:
Kevin Shutty, Commissioner
Tim Whitehead, Chief DPA
Terri Drexler, Commissioner
April 2, 2018
Attachment A
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Kristopher Nelsen, Action Agenda _
Permit Assistance Center Manager Public Hearing
Other
DEPARTMENT: Community Services EXT: _359_
COMMISSION MEETING DATE: April 17, 2018 Agenda Item # $ rJ-
(Commissioner staff to complete)
BRIEFING DATE: April 9, 2018
BRIEFING PRESENTED BY: Kristopher Nelsen,
Permit Assistance Center Manager
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Request for Proposals (RFPs) on Building Division Services.
BACKGROUND:
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 ACTION:
Approval to allow Community Services Department's PAC Manager to accept RFPs for
Building Division Services.
ATTACHMENT(S): RFP notice.
1 Community Development\PLANNINGWarissa W\BOCC\Agenda\2018\04.17.18\CS_04.17.18_BLD
RFP agenda.doc
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 services to the Mason
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
require one or subsequent reviews of submitted plans.
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.6th 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
9:1-ZGlLAQ')-C')rQ 9:v4 AM 0-1rn-AQ')-C7G0 rvt 7C)
Public Health Community Development
(Community Health/Environmental Health) (Permit Assistance Center/Building/Planning)
415 N.6th 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.
Il. 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.
III. 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
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jessica Sweet Action Agenda X
Public Hearing
Other
DEPARTMENT: Support Services EXT: 644
DATE: 4/17/2018 Agenda Item # u
(Commissioner staff to
complete)
BRIEFING DATE: 4/09/2018
BRIEFING PRESENTED BY: Jessica Sweet
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
Item:
Authorize the Chair to sign the Amended Sub-Recipient Agreements (4)for the CDBG
Microenterprise grant ("Building Connections-Strengthening Businesses in Mason County), of
which Mason County is a grantee.
Background:
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).
Recommended Action:
Make a motion to approve the amendments as outlined in the Amended Sub-Recipient
Agreements and authorize the Chair to sign the Amended Sub-Recipient Agreements (4).
J.-1 Grants I CDBG MicroEn62Trise I BOCC Agenda Item Summary-Amend subrecioient
agreements,doc
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 COMMISSIONEF
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.
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
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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 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.
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"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
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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-
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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.
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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
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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
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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
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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:
i
Tim Whitehead, Chief DPA
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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.
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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
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EXHIBIT C
SAMPLE FORMS AND INSTRUCTIONS
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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
I
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.qov
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
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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
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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.
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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 head-,--Chief DPA
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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-on-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 29 hFs ^ Rth @ $35 peF how x 19 " Aths Amended $32,000
Beth Henriquez,Training Director 50 hF5 peF Rient ` @ c" peF h9WF X '8 "'^~*h-Amended $26,100
Lauren O'Neill, Administrative Assist 32 hFs peF FReRt ' @ $ ^ peF hew x 18 FRE)Rt s Amended $630
To be Hired, Business Specialist 12 hFS peF month @ $30 pee hE)WF„ ,Q #s 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 "FS @ $3,232
Beth Henriquez,Training Director $26,100 @ 10.1%_ $2636.10 a 990 hFs @ $0.1588 -$143 $2,636.10
Lauren O'Neill, Administrative Assist $630 @ 10.1%_ $63.63 a 5:76-IRFS@ $Q4&80-=$.94 $63.63
To be Hired, Business Specialist $1500 @ 10.1% _ $151.50+22-16 hF5 @$.1588-=z34 $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 paper $499
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
$4,869
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, $1,406
Printing brochures, etc$236 $1,035.54
Training Facilities Rent/Lease $100 day x ,n , ays Amended $7,210
Other Total $12,545.54
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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
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.
ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS
of MASON COUNTY MASON COUNTY, WASHINGTON
JAM 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.
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Casey Bingham Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Services/Public Health EXT: _562
COMMISSION MEETING DATE: 4/17/18 Agenda Item # "1
Commissioner staff to complete)
BRIEFING DATE: 4/9/18
BRIEFING PRESENTED BY: Casey Bingham
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
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.
RECOMMENDED ACTION: Approve Agreement W2RLSWFA-1719-MaCoPH-00059
with the Department of Ecology
Attachment(s): Agreement W2RLSWFA-1719-MaCoPH-00059
I:\Marissa W\Public Health\PH 04.17.18 Consent Waste 2 Resources.doc
r DEPARTMENT OF
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
Billing Contact Casey Bingham
Finance Manager
415 North 6th Street
shelton,Washington 98584
i 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 PaLc 3 o t'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
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 10/302015
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 McTurnal 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 10/30/2015
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
1.1 Work as defined in the Scope of Work for this agreement is 06/30/2019
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 EGIS0285
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 idents 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 10/30/1015
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 $ 67,395.00 $ 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:
I. 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.gov>and print a copy of completed searches to document proof of compliance.
B FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
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. og v!Ll=://www.fsrs.gov/>within 30 days of agreement signature.The FFATA
information will be available to the public at www.usasl2ending.gov!L]=://www.usaspending.gov/>.
For more details on FFATA requirements,see www.fsrs.gov<hqp://www.fsrs.gov/>.
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:
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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.
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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
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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
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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
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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
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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
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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
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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.
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Frank Pinter Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 530
COMMISSION MEETING DATE: 4/17/18 Agenda Item #
(Commissioner staff to
complete)
BRIEFING DATE: 4/9/18
BRIEFING PRESENTED BY: Frank Pinter
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
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.
Background: 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.
RECOMMENDED ACTION: Approval of 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.
Attachment: Memorandum of Understanding on file with Clerk of the Board
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 41h 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 12018.
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
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Dawn Twiddy Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 422
COMMISSION MEETING DATE: 04/17/18 Agenda Item # g.
(Commissioner sta to
complete)
BRIEFING DATE: 4/9/18
BRIEFING PRESENTED BY: Frank Pinter
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to amend Resolution No. 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.
Background: 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 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.
Attachment: Resolution & Non-Represented Salary Scale Range Alignment
(Attachment A) on file with Clerk of the Board
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
kAsalary scales\2018\draft-non represented salary range table 04052018.docx Pagell 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 1
25 Program Manager I
Operations & Maintenance/ER&R Administrator
Therapeutic Court Program Manager 1
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
Usalary scales\2018\draft-non represented salary range table 04052018.doex Page 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:lsalary scales\2018\draft-non represented salary range table 04052018.docx Page 3 of 3
2018 Non Represented Salary Scale Attachment A
RANGE ENTRY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
"Step 0"
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 7,434.641 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 81408.48
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 7,435.761 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 6,422.641 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 2,872.101 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 2,735.061 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
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Therapeutic Courts Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Commissioner EXT:
COMMISSION MEETING DATE: 4/17/2018 Agenda Item # Z. )0
(Commissioner staff to complete)
BRIEFING DATE: 4/16/2018
BRIEFING PRESENTED BY: Judge Goodell
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Administration of CJTA Funding
BACKGROUND: The CJTA funding has been administrated through the
Thurston Mason BHO. Legislation requirements now allow for each county
to directly administer their share of the CJTA funds. Ahney King, Behavioral
Health Criminal Justice Administrator must be notified by Monday April 23,
2018.
BUDGET IMPACTS: The acceptance of administrating the CJTA funds has no
known impact on budget.
RECOMMENDED ACTION: A letter of acceptance of CJTA funding to be
administered by the county be sent to Ahney King, Behavioral Health
Criminal Justice Administrator, via email ahney.king@dshs.wa.gov
ATTACHMENT(S):
C:\Users\mdrewry\Documents\GroupWise\Commission Agenda Item Summary Template.doc
sTA.7
o F' _ •
yyl 1889
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Behavioral Health Administration
Division of Behavioral Health and Recovery
PO Box 45330, Olympia, WA 98504-5330
March 28,2018 •
Dear County Commissioner:
The 2018 Washington State Supplemental Budget ESSB 6032 Section 213 (oo)contains new
requirements related to the distribution and administration of the Criminal Justice Treatment Account
(CJTA). Under this legislation,each county can decide if they would prefer to directly administer
their share of funding provided by the CJTA. Since April 1, 2016,the CJTA dollars have been
contracted to and administered by the Behavioral Health Organization(BHO)or Administrative
Service Organization(ASO) in each region.
The CJTA funds are provided for substance use disorder treatment and treatment support activities,
including treatment services for individuals participating in drug courts. If your county intends to
administer these funds,we will contract directly with you. Funding will be provided beginning in
July 2018 and funding amounts for each county are in the attached document.Up to 10 percent of the
funds may be used for administration.
CJTA guidelines require that a plan for use of the funds be submitted. Each county can choose to use
the funds according to the current plan or provide an updated plan with any changes by June 15,
2018. New or updated plans for all regions are due by October 1, 2018. The contract will include
requirements for reporting of expenditures and numbers of people served.
It may be helpful to contact your Regional BHO/ASO representatives to get additional information
about how these funds are currently being used in your region(a list of contacts is attached).
Please submit your response by Monday,April 23,2018,to Ahney King, Behavioral Health Criminal
Justice Administrator,via email at ahney.king@dshs.wa.gov, indicating if your county intends to
administer CJTA dollars or defer to the current arrangements with the BHO/ASO. Should you have
any questions,please contact Ahney King at the email above or by telephone at 360-725-3753.
Sincerely,
Michael Langer, Office Chief
Office of Behavioral Health and Prevention
cc: Behavioral Health Organizations
Administrative Service Organizations
Ahney King,Behavioral Health Criminal Justice Administrator
FY19 CJTA by County $ 6,217,000
3.29.18
County Total
Adams $ 43,461
Asotin $ 44,018
Benton $ 111,679
Chelan $ 68,221
Clallam $ 134,115
Clark $ 270,600
Columbia $ 39,840
Cowlitz $ 220,602
Douglas $ 47,677
Ferry $ 41,370
Franklin $ 61,132
Garfield $ 39,801
Grant $ 90,027
Grays Harbor $ 77,610
Island $ 50,705
Jefferson $ 45,531
King $ 1,356,277
Kitsap $ 293,038
Kittitas $ 48,118
Klickitat $ 43,979
!wis $ 68,814
Lincoln $ 41,392
Mason $ 49,130
Okanogan $ 51,222
Pacific $ 44,497
Pend Oreille $ 42,427
Pierce $ 732,986
San Juan $ 41,910
Skagit $ 185,093
Skamania $ 41,392
Snohomish $ 425,820
Spokane $ 506,874
Stevens $ 50,210
Thurston $ 239,327
Wahkiakum $ 39,840
Walla Walla $ 51,222
Whatcom $ 174,881
Whitman $ 50,705
Yakima $ 251,457
Total $ 6,217,000
GOVERNING BOARD
ti Bud Blake,Chair
ihria* Thurston County District Three
Atv11141ht
= Terri Drexler,Co-chair
Mason County District Three
T H U R S T O N - MASON John Hutchings,Commissioner
Behavioral Health Organization LLC Thurston County District One
April 3,2018
Criminal Justice Treatment Account(CJTA): Mason County
Background: The CJTA Account established by the Washington State Legislature pays for substance use
disorder treatment for criminal offenders who are chemically dependent or have a substance abuse
problem that could lead to addiction if left untreated.
CJTA Panel: The county alcohol and drug coordinator(BHO), county prosecutor, county sheriff,county
superior court, a substance use treatment provider(Northwest Resources), and the county drug court
administrator jointly submit a plan,approved by the county legislative authority for CJTA expenditures.
Mason County CJTA 2017 -2019 Plan calls for exclusively funding the Mason County Drug Court.
CJTA pays for:
• Substance Use Disorder Treatment (outpatient or inpatient)
• Substance Use Disorder Treatment in jail (8 sessions)
• Drug Screens
• Treatment supports
o Transportation(bus passes)
o Child care services
o July 1, 2018--Recovery support services (vocational and housing subsidies)
Mason CJTA(July 1, 2018-June 30,2019) Allocation
• $49,130
• 10%Admin allowed
Reporting requirements to the WA Division of Behavioral Health& Recovery(DBHR)
• Monthly expenditures
• Annual CJTA plan updates
• Quarterly activity reports
612 Woodland Square Loop SE, Suite 401,Lacey,WA 98503
www.tmbho.org
Page 1 of 3
Renee Cullop - RE: County Commissioner Letter re: CJTA
From: Sabrina Craig <craigs@co.thurston.wa.us>
To: "Taylor, Mary" <Mary.Taylor@kingcounty.gov>, "Altshuler, Sandra J." <SAL...
Date: 4/11/2018 9:22 AM
Subject: RE: County Commissioner Letter re: CJTA
Thanks Mary. This answered my questions regarding the 10%. I thought it had sunset in 2015.
Salfizio4 e
DUI/Drug Court Manager
Thurston County Superior Court
(360)357-2482 ext. 1
craigs@co.thurston.wa.us
From:Taylor, Mary [Mary.Taylor@kingcounty.gov]
Sent: Monday, April 02, 2018 2:04 PM
To: Altshuler,Sandra J. <SALTSHULER@spokanecounty.org>;Angela Noel
<Angela.Noel@co.yakima.wa.us>; Chris Furman <CFurman@co.whatcom.wa.us>;
cpence@co.island.wa.us; Emily Brown <emilyb@meritresources.org>; Emily Brown (EBrown@adds-
tx.org)<EBrown@adds-tx.org>;fordk@safeharborrecovery.org;jnovelli@okbhc.org;
joneal@stevenscounty.wa.gov;jwatts@co.clallam.wa.us; katharine.shiner@snoco.org; Kelli Frazier
(kellif@co.skagit.wa.us)<kellif@co.skagit.wa.us>; kend@co.island.wa.us; larryb@co.klickitat.wa.us;
Marshall.Pickett@co.benton.wa.us; Norrie Gregoire<NGregoire@co.walla-walla.wa.us>; Pat Austin
<Pat.Austin@co.benton.wa.us>; Pithan,Adam <PithanA@co.cowlitz.wa.us>; Renee Cullop
<ReneeC@CO.MASON.WA.US>;Sabrina Craig<craigs@co.thurston.wa.us>;Samantha Lyons
(slyons@co.kitsap.wa.us)<slyons@co.kitsap.wa.us>;Sgrignoli,Janelle<Janelle.Sgrignoli@snoco.org>;
Shauna McCloskey(shauna.mccloskey@clark.wa.gov)<shauna.mccloskey@clark.wa.gov>;
sonyam@co.whitman.wa.us; Stephanie Miller(Stephanie.Miller@lewiscountywa.gov)
<Stephanie.Miller@lewiscountywa.gov>; Steve Wilson <swilson@okbhc.org>;
tclements@co.pacific.wa.us;Terree Schmidt-Whelan (schmidtt@p-c-a.org)<schmidtt@p-c-a.org>;
tfarris@co.skamanai.wa.us
Subject: FW: County Commissioner Letter re: CJTA
Importance: High
Hi everyone—me again.
When Bob Cooper read the letters that I forwarded previously he found 2 errors in the letters. I do not
know if DBHR will be issuing new letters but just in case they don't please see Bob's corrections below.
From: Bob Cooper[mailto:Bob@EvergreenPublic.com]
Sent: Monday, April 2, 2018 1:18 PM
To:Taylor, Mary<Mary.Taylor@kingcounty.gov>
Subject: Re:County Commissioner Letter re: CJTA
Importance: High
lsers/ReneeC/Annf ata/T.nral/Temn/XParnwi ce/S A CTIFYITnTnMacnnmai l 4/1')/7(11 R
Page 2 of 3
(1) Treatment support is new authority starting June 8.
(2) There is no authority to use any of the money for administration generally —
there was authority during the recession for using up to 10% for administration
and operation of a drug court, but the authority expired June 30, 2015 (and the
statute is cleaned up in SHB 1524).
• Bob Cooper
Evergreen Public Affairs
(206)852-3616
Bob@EvergreenPublic.com
From: Mary Taylor<Mary.Taylor@kingcounty.gov>
Date: Monday, April 2, 2018 at 11:44 AM
To: Bob Cooper<Bob@EvergreenPublic.com>
Subject: FW: County Commissioner Letter re: CJTA
From: Problem Solving Court Coordinators [mailto:PSCCOORD@LISTSERV.COURTS.WA.GOVJ On Behalf
Of King, Ahney M (DSHS/BHA/CD)
Sent: Friday, March 30, 2018 2:45 PM
To: PSCCOORD@LISTSERV.COURTS.WA.GOV
Subject: [PSCCOORD] County Commissioner Letter re: CJTA
Attached are the copies of the documents sent to the County Commissioners today regarding CJTA and
the counties option to refuse the dollars first. The only difference in the attached letter and the letter
mail merged to the commissioners, is the commissioner letters were individually addressed to each
commissioner. Should you need access to the county commissioner list it may be accessed at this site:
http://wsac.org/directory/
Should you have questions, comments or concerns please feel free to reach out to myself or the county
commissioner in your county.
Kira will be forwarding it on to the BHO Administrators, as well as, Beacon Health who manages the
distribution of the CJTA dollars in the fully integrated region.
AHNEY KING,MS / BEHAVIORAL HEALTH CRIMINALJUSTICE ADMINISTRATOR / Office of Behavioral Health and
Prevention
Division of Behavioral Health and Recovery
Washington State Department of Social and Health Services
(0)360-725-3753 / (F) 360-725-2280 /ahney.king@dshs.wa.gov
Pronouns:she/her/hers
TransformingLives
file:///C:/Users/ReneeC/AnnData/i,ocal/Temn/XParnwise/5ACD1Y1DDMaccinmail 4/17/9(11R
Page 3 of 3
"Confidentiality Notice:This email message and any other information attached to this email is for the sole use of
the named addressee and may contain,privileged and confidential information which may be protected from
disclosure.If you believe that it has been sent to you in error,you may not read,disclose,print,copy,and store or
disseminate the e-mail or any attachments or the information in them.If you have received this message in error,
please notify the sender immediately by replying to this message or telephoning,and do not review,disclose,copy,
or distribute it.Thank you!"
This e-mail has been sent to everyone in the PSCCOORD@LISTSERV.COURTS.WA.GOV
mailing list. All replies go to the mailing list.
You can remove yourself from this mailing list at any time by sending a "SIGNOFF
PSCCOORD" command to LISTSERV(a LISTSERV.COURTS.WA.GOV.
file.///C:/ilsers/ReneeC/AnnData/f.ncal/Temn/XPornwice/SACIN);DDMasonmail.__ 4/17/7015
Mason County Criminal Justice Treatment Account Strategic Plan
July 12016 —June 30, 2018
This plan has been prepared in response to DSHS, Behavioral Health Administration, Division of Behavioral Health
and Recovery (DBHR) and County guidelines for submittal of Criminal Justice Treatment Account (CJTA) plans and
services. Additionally, the Statewide Criminal Justice Treatment Account Panel has some oversight of the plans and
sets the funding formula for counties.
The CJTA funding formula takes into account a number of variables utilizing data, including Washington State Research
Data Analysis (RDA) and historical Treatment and Assessment Report Generation Tool (TARGET) data.
I. Criminal Justice Treatment Account(GTA) Funds 2017-2019
Mason County receives approximately $65,000 per year in CJTA funds which is used to contract services for Mason
County Therapeutic Drug Courts substance use disorder treatment services.These funds provide services for various
treatment program tracks depending on the individual's criminal justice involvement and identified clinical need.
The Panel would like to expand covered populations and services as additional needs and models are identified.
II. Program Description
The Mason County Therapeutic Drug Court programs are voluntary post guilty plea, court-supervised, comprehensive
treatment programs for individuals with non-violent charges that have been diagnosed with a substance use
disorder. Successful completion from the program results in the criminal charge(s) being dismissed.
The mission of the Mason County Therapeutic Drug Court Programs include breaking the revolving door cycle of
substance use disorder and crime, enhancing public safety and reducing recidivism by developing partnership
between the behavioral health and criminal justice communities. This partnership will address the specialized needs
of offenders diagnosed with mental illness and/or substance use disorder, thereby reducing recidivism rates,
promoting public safety and improving the quality of life for offenders by establishing mandatory, comprehensive
community-based treatment and services.
III. Criminal Justice Treatment Account Innovative Project Plan July 1,2016—June 30, 2018
Each program that utilizes CJTA funding must use a portion of those funds to go toward an innovative project, a best
practice project, or a regional project. Mason County will utilize CJTA innovative funds to provide Moral Reconation
Therapy as a core piece of the therapeutic intervention.
Moral Reconation Therapy (MRT) is a highly structured cognitive-behavioral treatment strategy that focuses on
changing the thinking (beliefs) and behaviors that lead to problems of substance use disorder, relationship
difficulties, and negative (crime-related) lifestyles. MRT significantly raises moral reasoning levels, helps the
participant set goals, and develops positive personal qualities. MRT helps redirect decision-making to "do the right
thing because it is the right thing to do." MRT creates a language the entire team can use when working with an
individual, building strength of the therapeutic interventions of the problem solving court.
The Mason County CJTA Panel is working to develop an approved plan to support individuals being served with
additional innovative evidence based programs such as trauma informed care and a program addressing nutritional
needs and impacts related to individuals in recovery with substance use disorders.
IV. Measurable Goals and Objectives
Criminal Justice Treatment Account Strategic Plan-Mason County 1
The following measurable goals and objectives shall be obtained:
1) Demonstrate the cost-efficiency of Therapeutic Drug Court programs (measuring cost for 12 months of
service, per client, from date of admission to date of discharge). Cost efficiency is measured by comparing
the mean cost referenced above with the cost of maintaining an offender who is incarcerated and/or on
extended supervision who has not experienced therapeutic court.
2) Identify eligible offenders
3) Provide judicial oversight
4) Increase treatment engagement and retention
5) Reduce recidivism
6) Decrease the long-term use of jail space
Evaluation will be measured through the following:
1) The Thurston Mason Behavioral Health Organization management information system data and reports will
be used to document treatment engagement and retention rates
2) Client satisfaction surveys administered at the end of each phase
3) Measure post graduate recidivism (arrest) data through Mason County law enforcement
1 https://www.ccimrt.com
Criminal Justice Treatment Account Strategic Plan-Mason County 2
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda
Public Hearing X
Other
DEPARTMENT: Support Services EXT: 747
DATE: April 17, 2018 Agenda Item # Q,
Commissioner staff to complete)
BRIEFING DATE: February 12, 2018
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Public hearing to consider adopting findings and determinations regarding the
establishment of Lake Management District No. 2 for Mason Lake and submitting the
issue to a vote of property owners within the proposed district, pursuant to RCW
36.61.
Background: The lake management district (LMD) for Mason Lake was first formed
in 2002, again in 2008 and now in 2018 for the 2019 — 2028 period. A petition has
been received by the County with 30% of property owners signing in favor of creating
the LMD for an additional 10-year period. There are a total of 1,083 parcels in the
LMD.
If the Commissioners find that it is in the public interest to create the lake
management district and the financing of the lake management is feasible, a
resolution is adopted submitting the question of creating the lake management district
to the property owners within the proposed district.
The boundaries of the District are all properties fronting Mason Lake or having
community access to Mason Lake.
Budget Impacts: The hard costs for the process will be paid from the Mason Lake
LMD Fund. Staff time is not reimbursed.
RECOMMENDED ACTION: Approval of the resolution adopting findings and
determinations regarding the establishment of Lake Management District No. 2 for
Mason Lake, and submitting the establishment of the LMD to a vote of property
owners within the proposed district.
Attachment(s): Resolution, ballot, LMD process timeline
RESOLUTION NO:
A RESOLUTION adopting findings and determinations consistent with RCW 36.61.070 regarding
the establishment of Lake Management District No. 2 for Mason Lake, and submitting the
establishment of Lake Management District No. 2 to a vote of property owners within the
proposed district.
WHEREAS, the Board of Mason County Commissioners adopted Resolution No. 15-18 on
March 13, 2018 setting out its intention to consider formation of Lake Management District No. 2
for Mason Lake (LMD No. 2); and
WHEREAS, a public hearing was held on April 17, 2018 to consider formation of LMD No.
2 and the County Commissioners heard support from persons affected by the formation of LMD
No. 2 and other comments regarding the proposed work program; and
WHEREAS, a representatives from the Department of Ecology, the Department of Fish
and Wildlife and Department of Natural Resources had the opportunity to make presentations
and comments on the proposal.
NOW,THEREFORE,THE BOARD OF MASON COUNTY COMMISSIONERS DOES
RESOLVE AS FOLLOWS:
Section 1. The Board of County Commissioners adopts the following findings and
determinations:
1. The formation of LMD No. 2 is in the public interest as evidenced by the following proposed
plan (Exhibit A) of lake improvement and maintenance activities, which is approved as part of
these findings. The proposed LMD will:
a. Manage noxious aquatic plants in Mason Lake to meet recreational and aesthetic
needs, fishery and wildlife habitat requirement,and ecosystem and groundwater
concerns.
b. Employ proven techniques based on environmental safety.
c. Conduct water quality monitoring as needed.
d. Investigate and promote the best management practices and shoreline
enhancement.
e. Monitor for recurrence of Eurasian Water Milfoil, Slender Arrowhead and Yellow Flag
Iris or emergence of other lake plants that could adversely impact the freshwater
system and recommend prompt action to control these.
f. Maintain an advisory committee of neighborhood representatives to direct the efforts
and funds of the LMD.
2. The financing of the lake improvement and maintenance activities is feasible since the
revenues to be raised match the activities set out in the proposed plan for LMD No. 2.
3. The plan for proposed lake improvement and maintenance activities avoids adverse impacts
on fish and wildlife and provides for measures to protect and enhance fish and wildlife.
4. LMD No. 2 will exist for a period of 10 years, commencing in 2019.
5. The amount to be raised through rates and charges is approximately $36,000.00 the first
year with a maximum escalation for inflation of 5% per year for the following nine years.
LMD—Mason Lake—Resolution No.
6. The boundaries of the District are all properties fronting Mason Lake or having community
access to Mason Lake, in Mason County, Washington.
7. Annual Charge per Parcel: The proposed formula for annual rates and charges to property
in 2019 is 11 cents per thousand valuation. Revenue bonds will not be issued.
Section 2. The question of whether to form Lake Management District No. 2 for Mason Lake
shall be submitted to the property owners within the proposed district. The Support
Services Department shall prepare the ballots for submittal to the property owners.
Ballots will be received by the Office of the County Commissioners, 411 N. Fifth
Street, Shelton, WA 98584 no later than 5:00 pm, May 16, 2018.
Section 3. Ballots will be available for public inspection after they have been counted.
Dated this 17th day of April, 2018.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Randy Neatherlin, Chair
ATTEST:
Terri Drexler, Commissioner
Melissa J. Drewry, Clerk of the Board
Kevin Shutty, Commissioner
Approved as to form:
Chief Deputy Prosecuting Attorney
Timothy Whitehead
J:\L,ake Management District\Mason Lake LMD 2017-2018 Process\LMD-Resolution to Form&send
ballot#2.doc
LAKE MANAGEMENT PLAN
MASON LAKE, WA
JANUARY 1, 2018
The following is the cost estimate and plan for the continued control of invasive
species of plant life in Mason Lake. This plan is for calendar year 2018.
CURRENT FUNDS ON HAND AS OF JANUARY 1, 2018:
Milfoil Fund Checking Account* $9,171.88
LMD#2 Tax Receipts $112,418.10
Total $121,589.98
ESTIMATED 2018 INCOME FROM TAX RECEIPTS**:
$49,000.00
ESTIMATED 2018 EXPENDITURES***:
$55,674.00
ESTIMATED BALANCE DECEMBER 31, 2018:
$114,915.98
*funds from donations prior to LIVID creation. Used for one-off bills, e.g. tax
preparation, insurance and legal.
**based on same 2017 rate of approx. $.16 per $1,000 assessed.
***includes expenses for re-election of the LIVID in 2018
The Mason Lake Management District (LMD#2) and volunteer committee has
been tasked with the identification, mapping and treatment of invasive species of
plant (as identified by the Washington State Department of Ecology) in Mason
Lake. Current invasive species include Eurasian Water Milfoil (EWM), Slender
Arrowhead (SAG) and Yellow Flag Iris. Licensing, identification, mapping,
treatment and reporting is completed by our contractor, AquaTechnex, LLC. On
an annual basis, the biologists from AquaTechnex procure licensing from
Washington State DOE for the treatment of invasive species in Mason Lake.
Herbicides used for the treatment are approved by the DOE, and only by licensed
and qualified professionals. In the spring, an initial survey is completed by a diver
from AquaTechnex, to determine location and type of invasive species. Based on
this initial survey, a map of the locations and plant types is created, along with a
plan of treatment, to be approved by the LMD#2 committee. Treatment timing
and frequency are scheduled around fish windows and high occupancy weekends.
Generally, treatment is done during a Tuesday to Thursday window to avoid
weekend lake traffic. Prior to treatment, notices of treatment (dates, products
used and restrictions) are sent out by mail to all residents. In addition, postings
are placed on the shoreline in the specific areas of treatment.
In the fall, another survey of the shoreline is done to determine effectiveness of
the treatments.
The current LIVID expires at the end of 2018. Petitions have been submitted to
create a new LIVID starting in 2019. The current rate of tax collected in 2018 is
approx. $.16 per $1,000 assessed. The new LIVID is requesting a voter approved
rate of $.11 per assessed starting in 2019. The LIVID committee believes that with
the current funds on hand, the rate of collection at $.11 will be sufficient to
sustain the program. A 5% rate increase annually is available if it is determined
that additional funds are required. The increase would require LIVID committee
approval.
Board of Mason County Commissioners
411 North 5`h Street
Shelton, WA 98584
_ � 360.426.9670 ext. 419
CREATION OF LAKE MANAGEMENT DISTRICT NO.2
MASON LAKE,MASON COUNTY,WASHINGTON
SUBMITTAL OF QUESTION TO LANDOWNERS-MAIL BALLOT
The balloting shall be subject to the following conditions:
1) All ballots must be signed by the owner or reputed owner of property according to the
assessor's tax rolls:
2) Each ballot must be returned to the Mason County Board of Commissioners,411 North Fifth
Street,Shelton WA 98584 not later than 5:00 p.m Wednesday,May 16,2018.
3) Each property owner shall mark his or her ballot for or against the creation of the proposed
lake management district with the ballot weighted so that the property owner has one vote for
each dollar of estimated special assessment or rate and charge proposed to be imposed on his
or her property;
4) The valid ballots shall be tabulated and a simple majority of the votes case shall determine
whether the proposed lake management district shall be approved or rejected.
LAKE MANAGEMENT DISTRICT NO.2—MASON LAKE
BALLOT
Please mark your vote on the appropriate line,sign and return to the Mason County Commissioners,411
North Fifth Street,Shelton,WA 98584 not later than 5:00 p.m.on Wednesday.May 16,2018 per RCW
36.61.080.
Shall Lake Management District No..2 be formed?
Yes
No
Date
Landowner Signature
Landowner Signature
Lake Management District Process/Timeline
• The creation of a lake management district(LMD) is initiated by either adoption of
resolution of intention by Commissioners or filing of a petition signed by ten landowners
or the owners of at least 20% of the acreage contained within the proposed lake
management district, whichever is greater.
• Petition or resolution of intention shall set forth 1) nature of the LMD; 2) amount of
money proposed to be raised; 3) if special assessments are imposed — how that is done;
4) if rates and charges are imposed, annual amount of revenues proposed to be collected
and whether revenue bonds payable are proposed to be issued; 5) number of years
proposed for duration of LMD; 6) proposed boundaries of LMD.
• Bond of up to $5,000 may be required to finance the county's costs.
• Petitions shall be filed with the Commissioners and the Commissioners shall determine
the sufficiency of the signatures. If the petition is determined to be sufficient and the
proposed LMD appears to be in the public interest and the financing is feasible, the
Commissioners shall adopt a resolution of intention (Resolution #1) setting a public
hearing to consider the formation of the proposed LMD. The public hearing shall be at
least 30 days and no more than 90 after the adoption of the resolution of intention.
Notice must be mailed to all property owners &published twice and to WA DNR, Ecology
&Fish &Wildlife (sent registered mail to WA State agencies, 30 days in advance to state
agencies)
Notice to property owners includes their parcel #, name, LMD charge
• Hold hearing to consider petition to form LMD (adopt Resolution #2 for vote)
• Send ballot and resolution to all property owners. Ballots are due to Commissioners'
office within 20 to 30 days of mailing.
Each property owner within the district can vote, do not need to be a resident or
registered voter. One vote per dollar of LMD charge. Ballots are public.
• If simple majority of votes are in favor of forming LMD, Commissioners adopt Ordinance
to create LMD. Publish notice (1x) that Ordinance was adopted within 10 days of
adoption.
• Set hearing to consider objections to proposed roll of rates &charges.
Notice of objection hearing to all property owners &publish twice.
• Hold hearing to consider objections
• Adopt rates &charges roll by resolution at public hearing &a resolution prescribing
interest and penalties. (adopt Resolution #3)
• LMD charges are billed by Treasurer on tax statement
Summary— Determine petition is sufficient, hold 2 hearings, adopt 3 resolutions, adopt
1 ordinance, mail and process 1 ballot to each land owner, 3 mailings to all property
owners that can include multiple documents, 5 publications of legal notices
J:\Lake Management District\Process-timeline for Lake Management District.doc
LAKE MANAGEMENT DISTRICT FORMATION PROCESS (RCW 36.61)
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP] STEP B STEP 9 STEP 10 STEP 11 STEP 12
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