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2019/07/02 - Regular Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 July 2, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Contract award: County Road Project 1994- Highland Road Culvert Replacement Project. Staff:Diane Sheesley 4.3 Contract award: Special Project 701-4 Satsop Cloquallum Road. Staff: Diane Sheesley 4.4 2020 Census update and presentation: Lorraine Ralston 5. Open Forum for Citizen Input (3 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 9:15 a.m. 7. Approval of Minutes —June 24, 2019 Briefing Minutes; June 4, June 11, June 18, and June 25, 2019 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 of the Mason County Commissioner's 2020 and 2021 Preliminary Budget Guidelines. 8.2 Approval to enter into a 2-year contract with a term starting July 1, 2019 and ending June 30, 2021 with the following agencies: • Community Action Council #CAC:2019-2021.1 for $1,350,622 • North Mason Resources #NMR:2019-2021.1 for $70,000 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 59868-60262 $ 694,343.83 Salary Clearing Fund Warrant #s 7004506-7004532 $ 499,175.93 8.4 Approval of the resolution eliminating Chapter 2.146, Belfair Sewer Advisory Committee, from the Mason County Code. The committee completed its work in 2014 and submitted a report. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 06/27/19 1:08 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 July 2, 2019—PAGE 2 8.5 Approval to authorize Public Works to apply for a Public Works Board construction loan, subject to a future and separate Board deliberation/action regarding loan acceptance. 8.6 Approval to enter into a contract with Mason General Hospital to provide hepatitis B vaccinations, respirator FIT medical reviews, testing and associated supplies. The three series hepatitis B shot is $435 per employee and $21 per employee for the Respirator FIT Testing supplies. 8.7 Approval to enter into a lease agreement with RWJJ, Inc. for the Mason County Sheriff's Substation located in the Belfair Landing Complex. The term of the lease is three years beginning September 1, 2019 and ending August 31, 2022. 8.8 Approval of the following for County Road Projects (CRP) 2022-2024: 1) Approval of resolutions for CRP 2022, Uncle John's Creek Upper Culvert Replacement, CRP 2023 Uncle John's Creek Lower Culvert Replacement, and CRP 2024, Dayton Creek Culvert Replacement. 2) Approval to authorize the Chair to sign all pertinent documents and approval to authorize the Public Works County Engineer to advertise, set bid dates/times and award contract. 3) Approval to authorize the County Engineer to sign the Applicant Resolution/Authorization forms. 4) Approval to authorize the County Engineer to announce Request for Qualifications as needed for consultant services for these projects and enter into contracts. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public hearing to consider the sale of parcel 32232-52-08021, E. Port Townsend Street, Union, and 32021-56-01013, E. Panorama Drive, Shelton. Staff: Jennifer Beierle 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-07-02 REG.doc dcxL MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: July 2, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Karen Ristau sent in a letter concerning fireworks. 4.1.2 Washington State Liquor and Cannabis board sent in liquor applications for North Mason Rotary Club held at Belfair State Park 3151 NE State route 300, Belfair and Backcountry Hunters & Anglers held at KBH Archers 3680 NE Old Belfair Hwy, Belfair. 4.1.3 A decision was sent in for Public Employment Relations Commission in the matter of the petition of Olympic Mountain Lodge 23 of The Fraternal Order of Police 4.1.4 Roberta Kimmel brought in a letter regarding property on Lombard Rd. North, Grapeview. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty& Trask Clerk June 18, 2019 Commissioner Sharon Trask 411 N. 5th Street 'a JUN 2 i 2019 Shelton, WA 98584 i= Mason County Dear Commissioner Trask, Commissioners I have lived full time in Mason County since 2000 and before that owned a cabin that I used part time beginning in the early 1990's. I love the beauty of this area, it's casual lifestyle, and the caring people who live here. As the years have gone by, I've noticed the change in our summer climate. It used to rain until July 5 when most Seattleites said summer actually began. Now we have burn restrictions in place during the month of June with talk of burn bans going into effect soon with the fire season approaching. At our recent Ayock Beach Association meeting, we talked about fireworks. Several members were concerned about how dry it is and asked if it was wise to allow fireworks in our community this year. They sited the fire last year that was seven miles north of us, headed our way until the winds changed direction, and the fire district's development of an evacuation plan. We discussed a tent fire in our community two years ago caused by an illegal firework. One of our members announced he had to replace a solar panel on his roof last year due to fireworks damage. Even with these examples, the outcome of the discussion was to allow fireworks this year and follow the Mason County established dates, times and rules. After the meeting, I decided to do some investigating because following Mason County fireworks rules makes no sense to me when the vegetation is so dry. Long story short, I found that the tribe sells the illegal fireworks shot off in our area and won't control the sale; the Mason County Sheriffs office doesn't have the manpower to provide off duty/overtime officers to communities interested in hiring them to see that people follow the Mason County rules nor do they have enough resources to monitor the sale of illegal fireworks at the reservation or respond to 911 calls about fireworks during the designated dates and times; the local fire department doesn't have the volunteers needed to send one to our community for even an hour on July 4th to be a presence for safety; and the Fire Marshall says the County has chosen to follow the State RCW. I know this is a political issue in Mason County and volatile in many ways. No one wants to deal with it. No one wants to work with the tribe to ensure that fireworks sold on the reservation are legal and are shot off on the reservation as stated in the Mason County fireworks regulations. While many cities have banned fireworks in their areas, Mason County turns their heads so more and more people are heading here for their family fireworks displays. It's becoming a real problem. I'm not asking you to totally ban fireworks. But I ask you to consider a compromise. When conditions are dry during the designated dates and times of fireworks set by the RCW and the County Fire Marshall has set either burn restrictions or a burn ban, please also declare a ban on fireworks during that time. I know a ban won't stop all fireworks but at least some people will think twice about it. Devoting more resources to: (1) ensure the legality of fireworks being sold and (2) monitor fireworks during designated dates and times may not be an option at this time. But limiting the dates and times would be a step in the right direction. I love living here. I believe we should protect our environment and quality of life. I hope you do too. I'd appreciate a response to hear your ideas. Sincerely, ..i ./le,/La 61 -.z,4___ Karen A Ristau; 150 N Ayock Beach Dr., Lilliwaup, WA 98555 360.877.6626 • , , It: I,f �}}.eft .'� �•�.• ei�� , cc: CMMRS Neatherlin, Shutty&Trask Clerk ) t lm'Ai I q rou p WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 Email: specialoccasions@lcb.wa.gov / Fax: 360-753-2710 FOIE 17 TO: MASON COUNTY COMMISSIONERS June 19, 2019 SPECIAL OCCASION #: 090508 JUN 24 2019 I NORTH MASON ROTARY CLUB Mason County PO BOX 321 CO17 missionors ALLYN WA 98524 DATE: AUGUST 10, 2019 TIME: 7 :30 AM TO 7:30 PM PLACE: BELFAIR STATE PARK (ENCLOSED) - 3151 NE STATE ROUTE 300, BELFAIR CONTACT: KATIE LADNER (DOB: 12.28.71) 360-710-4554 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 cc: CMMRS Neatherlin, Shutty&Trask U1 Clerk VCANNABIS �G WASHINGTON STATE LIQUOR AND C IS BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 FAX:360-753-2710 EMAIL:specialoccasions@lcb.wa.gov Fiffi EIV ® TO: MASON COUNTY COMMISIONERS JUNE 21, 2019 SPECIAL OCCASION #: 090134 JUN 24 2019 BACKCOUNTRY HUNTERS & ANGLERS Mason County 725 W ALDER STE 11 Commissioners MISSOULA MT 59802 DATE:JUNE 29, 2019 TIME: 12 PM TO 6 PM PLACE: KBH ARCHERS - 3680 NE OLD BELFAIR HWY CONTACT: JESSE SALSBERRY (DOB: 9. 18.82) 360-356-4349 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 ti cc: CMMRS Neatherlin, Shutty &Trask 1� Clerk Mason County, Decision 13022 (PECB, 2019) STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSIO cl�'-�� In the matter of the petition of: JUN 21 2019 CASE 131343-E-19 OLYMPIC MOUNTAIN LODGE 23 OF Mason County THE FRATERNAL ORDER OF POLICE DECISION 13022 - PECB Commissioners Involving certain employees of. CERTIFICATION Representation Election MASON COUNTY by Agreement of Parties A.W. Buster McGehee, Labor Specialist, for the petitioner, Olympic Mountain Lodge 23 of the Fraternal Order of Police. Frank Pinter, Support Services Director, for the employer,Mason County. Wayne Thompson, Business Representative, for the intervenor, International Association of Machinists and Aerospace Workers/Woodworkers, Local Lodge W38. FINDINGS OF FACT 1. The Olympic Mountain Lodge 23 of the Fraternal Order of Police filed with the Public Employment Relations Commission a petition concerning representation of employees of Mason County. The petition was timely filed and accompanied by a showing of interest administratively determined by the Commission to be sufficient. 2. The International Association of Machinists and Aerospace Workers/Woodworkers,Local . Lodge W38 is the incumbent labor organization that represented the petitioned-for employees and was granted status as intervenor in these proceedings. 3. These representation proceedings were conducted under the supervision of the Commission in the bargaining unit described as: All full-time and regular part-time support staff and corrections officers of the Mason County Sheriffs Office, excluding supervisors, confidential employees, and uniformed deputies. 4. All proceedings were conducted in a manner designed to afford the affected employees a free choice in the selection of their bargaining representative, if any; a tally of the results s DECISION 13022 -PECB PAGE 2 previously furnished to the parties is attached hereto; and no meritorious objections have been filed with respect to these proceedings. CONCLUSIONS OF LAW 1. The unit described in finding of fact 3 is an appropriate unit for the purpose of collective bargaining within the meaning of RCW 41.56.060. 2. All conditions precedent to a certification have been met. CERTIFICATION The employees of Mason County in the appropriate bargaining unit described in finding of fact 3 have chosen INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS/WOODWORKERS, LOCAL LODGE W38 as their representative for the purpose of collective bargaining with their employer. ISSUED at Olympia, Washington, this 19th day of June, 2019. PUBLIC E LOYMENT RELATIONS COMMISSION AMICH L P. SELLARS, Executive Director a COII[GTIVI IAIOAININO TALLY OF ELECTION PER PUBLIC EMPLOYMENT RELATIONS COMMISSION PO Box 40919, Olympia, WA 98504 STATE OF WASHINGTON 360.570.7300 ( www.perc.wa.gov Case 131343-E-19 (corrections) Employer Mason County Number The Public Employment Relations Commission has conducted an election of ballots cast and certifies the results as follows: 1. Number of Eligible Voters 40 2. Void Ballots 0 3. Votes Cast for Olympic Mountain Lodge FOP 23 8 4. Votes Cast for IAM and AW Woodworkers Local W38 16 5. Votes Cast for 6. Votes Cast for NO REPRESENTATION 0 7. Valid Ballots Counted (Total of Lines 3-6) 24 8. Challenged Ballots Cast 0 9. Total Ballots Cast (Total of Lines 7-e) 24 10.Number of Valid Ballots Needed to Determine Election 21 11.Eligibility Challenges: ®Affect the results of the election ❑Do not affect the outcome of the election 12.The results are: ® Undetermined, requiring a run-off election ElIn favor of line 3 listed abov Date Issued: June 10, 2019 By: �- Acknowledgement of Observers The undersigned acted as authorized observers for the parties and acknowledge service of a copy of this tally. Those not present will be mailed a copy. For Employer Title Date For Line 3 Title Date For Line 4Title Date �(4 For Line 5 Title 7 Date For Decertification Title Date A RECORD OF SERVICE PERC PUBLIC EMPLOYMENT ISSUED ON 06/19/2019 RELATIONS COMMISSION DECISION 13022 - PECB has been served by mail and electronically by the Public Employment Relations Commission to the parties and their representatives listed below. BY: DEBBIE BATES CASE 131343-E-19 EMPLOYER: MASON COUNTY REP BY: FRANK PINTER MASON COUNTY 411 N 5TH ST SHELTON,WA 98584 fpinter@co.mason.wa.us MASON COUNTY COMMISSIONERS MASON COUNTY 411 N 5TH SHELTON,WA 98584 mdrewry@co.mason.wa.us PARTY 2: OLYMPIC MOUNTAIN LODGE FOP 23 REP BY: TIM RIPP II OLYMPIC MOUNTAIN LODGE FOP 23 PO BOX 1785 SHELTON,WA 98584 president@wafop23.org A.W. BUSTER MCGEHEE FRATERNAL ORDER OF POLICE 25811 115TH ST CT E BUCKLEY,WA 98321 awmcgehee@fop.net PARTY 3: IAM AND AW WOODWORKERS LOCAL W38 REP BY: RICK SIMPSON IAM AND AW WOODWORKERS LOCAL W38 1801 W RAILROAD AVE PO BOX 98 SHELTON,WA 98584 w38president@gmail.com 360.570.7300 1 filing@perc.wa.gov I PO Box 40919, Olympia, WA 98504 Record of Service Page 2 of 2 WAYNE THOMPSON IAM AND AW LOCAL LODGE 130 25 CORNELL AVE GLADSTONE, OR 97027 wayne@iamw24.org PERC 360.570.7300 1 filing@perc.wa.gov I PO Box 40919, Olympia, WA 98504 RECEIVE® cc: CMMRS Neatherlin, Shutty&Trask �I Clerk JUN 25 2019 June 25, 2019 Mason County Environmental Health: Mason County Commissioners We are contacting you concerning the property at "E 151 Lombard Rd North, 12107-42-90050" which is currently owned by Allen Graham. For 22 years we have watched as the property adjacent to ours has become a garbage dump. We have complained in the past and the county did provide assistance at the time. But we wanted to avoid conflict, so we have been very tolerant and patient in the past 10 years, while the property owners have ignored all suggestions to clean up and remove the solid and hazardous waste. Below are the various violations that we need assistance resolving as soon as possible. We feel it has come to the point that our health, our garden and animal's health and the water table on our property are at risk. We live on the property to the west and downhill from the property in question. A wetland creek runs along the bottom of our land and drains into the sound. The natural drainage travels from their 2-1/2 acres through our 7-1/2 acres and into the creek at the bottom. We are very concerned with the likely possibility that this water is being contaminated by their polluted runoff and storage of leaking containers of unknown waste. Below are examples of the county violations that we are aware of. • Around the year 2000, the Grahams installed a second well on their property. This second well was definitely drilled within 50 feet of the septic tank and drain field. I have knowledge of the location of the existing septic tank because my parents were the previous owners and we lived there for decades. Several years after the second well was drilled the Grahams turned off the first well, which we shared, with no notice or agreement from us, we were forced to drill our own well on our property. They have not used the first well since 2005, it has not been capped or decommissioned in accordance with WAC 173-160. The Grahams continue to operate an auto repair business on of their property and directly next to the first well, with no regard for oil or other wastes seeping into the soil. • The septic tank on the Graham property was last pumped on 7/30/1993. At that time the drain field was close to failing and it was recommended that it be pumped every 4 to 5 years. The Grahams purchased the property in 1997, and they have never had the tank pumped. I am very concerned, especially now that there is a very strong smell of raw sewage coming from around their house. In 2001 they moved a single-wide trailer onto the property and his wife, Pauline Graham, told me they planned on hooking it up to the existing septic tank. I cannot verify that they have done this yet, but it must be looked into. • The solid waste and hazardous waste again is at a high level. This has been building up for 20 years and the amount of waste we have seen come in by the truckload is staggering. They hide it behind the home and in the brush. In 2006 (approximate) the county stepped in and had them remove over 35 hulk vehicles that were stuffed in various locations in the woods adjacent to our property. At present there are over 20 vehicles, most are not operational and all are decomposing. This includes the 66-foot single wide trailer they moved onto the property in 2001 under the pretense of it being a guest house, it is mostly used to store junk and garbage, no one lives or stays in this trailer. There are old campers, boats, cars, piles of junk, piles of hazardous waste containers, drums, and plastics stuffed everywhere, laying on the ground, and that is just what we can see from our driveway on the north side of their property and from our adjacent property border on the east side of our property. There are drums of unknown liquids stacked and leaking. They attempted and still try to hide this from us with white, tent/canopy shelters, but as they break and fall apart, we see it and they find new ways to hide it. The property has plastics stuffed everywhere laying on the ground. At one time they had over 10 plastic sheds stuffed with solid waste,junk and rusting cars. The sheds have all collapsed over the years, but all of the junk is still there getting rained on and draining onto the ground. Every time I drive home, I must pass their property, then drive by it as I go down my driveway and I see all of the built up waste, uncovered now. I caught a glimpse inside their house when I approached to request that they not block the easement into our property with their vehicles. The smell was horrific and the garbage was stacked to the ceiling, I would describe them as extreme hoarders. They have attempted to erect a fence along the easement to our house in an attempt to hide their garbage and they have allowed the blackberry bushes to take over and hide most of their junk, but it is still there, buried, rotting, and polluting the ground water and aquafer. We are mostly concerned for the environment (ground water, and aquafer) but we also cannot ignore the possible effects their garbage dump may have on our health. I have had this property in my family most of my life and plan on leaving my house and property to my children and I would really like to have it still be a beautiful, safe, clean sanctuary that they can enjoy in the future. If someone from your department saw the condition that this property is in, I know you would understand our concerns. Everyone in this small quiet retired community agrees, we just haven't known what to do. Now we are hoping you can help us and the environment. Please contact us if you have any questions, we would appreciate knowing what is going on in this matter. Roberta Kimmel John Bunting Email: orvettaxox@aol.com Home Phone: 360-275-3065 Cell Phone: 360-710-3102 Cc: Mason County Public Health Mason County Environmental Health County Commissioner District 1, Randy Neatherlin �.���, 1 ' N 1, } � ��� � ,_ t� ,_ _ �' _ w ;�. .�:;; �;t;:�:;t.. �: JI'.� , �` ( � •� � � _��. .�:�h, �,. �r �� t yY +r e a a s y ! ? ` �, k A s , _Yr Yl" i l p_ 49 r. Nit to •i� P � � A ,R "k » da ` l t' .. ; Y ' ,' w a v�" �r j' •Y of y •� t 4 + � ��.� � 1 ,e l ,,�' .,�� 'lid � r� � + • ow l.L};:. r ��� reit 1, ,• +'� _ r f � yyrr f � AL W ti r• _ M � a9 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: July 2, 2019 Agenda Item # y. BRIEFING DATE: August 4, 2014 &June 24, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Contract Award: County Road Project 1994 — Highland Road Culvert Replacement Project BACKGROUND On August 12, 2014 County Commissioners authorized the County Engineer to advertise, set bid opening date/time, and award the contract for County Road Project 1994 on Highland Road (M.P. 1.47) to remove the existing undersized culvert and replace with a larger culvert to carry flows under the roadway. Date and time of opening was Friday, June 7, 2019 at 9:00am seven (7) Bids were received and opened at the office of the Mason County Commissioners. The contract has been awarded to the low bidder, Conway Construction out of Vancouver, WA at their bid price of $652,357.25. RECOMMENDED ACTION: No action required. ATTACHMENTS: Bid Tabulation ROAD: HIGHLAND RD BID TABULATION SHEET BID OPENING: JUNE 7.2019 CRP 1994-CULVERT CONWAY CONSTRUCTION ACTIVE CONSTRUCTION BRUMFIELD CONST. QUIGG,BROTHERS,INC REPLACEMENT Vancouver,WA Tacoma,WA Aberdeen,WA Aberdeen,WA ENGINEER'S BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEM ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE N0. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MOBILIZATION LS 1 $50,590.07 $ 50,590.07 $ 65,000.00 $ 65,000.00 $ 65,000.00 $ 65,000.00 $ 70,000.00 $ 70,000.00 $ 80,000.00 $ 80,000.00 2 CLEARING&GRUBBING LS 1 $ 9,500.00 $ 9,500.00 $ 10,000.00 $ 10,000.00 $ 35,000.00 $ 35,000.00 $ 33,000.00 $ 33,000.00 $ 15,000.00 $ 15,000.00 3 REMOVING BITUMINOUS SY 872 $ 10.00 $ 8,720.00 $ 12.00 $ 10,464.00 $ 8.00 $ 6,976.00 $ 7.50 $ 6,540.00 $ 8.00 $ 6,976.00 PAVEMENT 4 ROADWAY EXCVATION CY 1,415 $ 45.00 $ 63,675.00 $ 18.00 $ 25,470.00 $ 24.50 $ 34,667.50 $ 16.00 $ 22,640.00 $ 20.00 $ 28,300.00 INCL.HAUL 5 GRAVEL BORROW TON 3,025 $ 10.00 $ 30,250.00 $ 36.00 $108,900.00 $ 0.01 $ 30.25 $ 30.20 $ 91,355.00 $ 20.00 $ 60,500.00 INCL.HAUL 6 QUARRY SPALLS TON 55 $ 42.60 $ 2,343.00 $ 47.00 $ 2,585.00 $ 101.00 $ 5,555.00 $ 35.00 $ 1,925.00 $ 40.00 $ 2,200.00 7 STREAMBED SEDIMENT TON 170 $ 50.00 $ 8,500.00 $ 50.00 $ 8,500.00 $ 87.00 $ 14,790.00 $ 72.00 $ 12,240.00 $ 75.00 $ 12,750.00 8 STREAMBED COBBLES- TON 170 $ 50.00 $ 8,500.00 $ 70.00 $ 11,900.00 $ 87.00 $ 14,790.00 $ 100.00 $ 17,000.00 $ 85.00 $ 14,450.00 4"COBBLES 9 STREAMBED COBBLES TON 40 $ 50.00 $ 2,000.00 $ 70.00 $ 2,800.00 $ 182.00 $ 7,280.00 $ 115.00 $ 4,600.00 $ 90.00 $ 3,600.00 6"CLEAN COBBLES 10 PLACING ADD'TNL SEDIMENT EST 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 &COBBLES ASSEMBLY&INSTALL 17' DIAM.X 105'AL.STRUC. 11 PLATE 0.15"THICK W/TYPE- LF 105 $ 152.38 $ 15,999.90 $ 260.00 $ 27,300.00 $ 257.00 $ 26,985.00 $ 435.00 $ 45,675.00 $ 400.00 $ 42,000.00 II REINFORCING RIBS AT 27"OC 12 CRUSHED SURFACING BASE TON 5,225 $ 30.00 $156,750.00 $ 20.00 $104,500.00 $ 30.00 $156,750.00 $ 31.00 $161,975.00 $ 33.00 $ 172,425.00 COURSE 13 CRUSHED SURFACING TOP TON 450 $ 35.00 $ 15,750.00 $ 28.00 $ 12,600.00 $ 41.00 $ 18,450.00 $ 50.00 $ 22,500.00 $ 40.00 $ 18,000.00 COURSE 14 HMA CL. 1/2 IN. PG 581-1-22 TON 310 $ 130.00 $ 40,300.00 $ 131.00 $ 40,610.00 $ 135.00 $ 41,850.00 $ 150.00 $ 46,500.00 $ 125.00 $ 38,750.00 15 SILT FENCE LF 148 $ 12.00 $ 1,776.00 $ 5.00 $ 740.00 $ 6.00 $ 888.00 $ 6.00 $ 888.00 $ 6.00 $ 888.00 16 ESC LEAD DAY 5 $ 200.00 $ 1,000.00 $ 350.00 $ 1,750.00 $ 25.00 $ 125.00 $ 250.00 $ 1,250.00 $ 150.00 $ 750.00 17 SEEDING,FERTILIZING& LS 1 $13,750.00 $ 13,750.00 $ 5,000.00 $ 5,000.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 MULCHING 18 PLASTIC COVERING SY 785 $ 3.00 $ 2,355.00 $ 0.85 $ 667.25 $ 1.50 $ 1,177.50 $ 1.00 $ 785.00 $ 4.00 $ 3,140.00 19 WATTLE LF 120 $ 10.00 $ 1,200.00 $ 5.00 $ 600.00 $ 4.50 $ 540.00 $ 8.00 $ 960.00 $ 15.00 $ 1,800.00 20 EROSION/WATER POLLUTION EST 1 $10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 CONTROL TEMP. 21 DEWATERING/STREAM LS 1 $20,000.00 $ 20,000.00 $ 12,000.00 $ 12,000.00 $ 50,500.00 $ 50,500.00 $ 6,500.00 $ 6,500.00 $ 10,000.00 $ 10,000.00 BYPASS SYSTEM 22 BEAM GUARDRAIL TYPE 31 EACH 4 $ 3,000.00 $ 12,000.00 $ 3,400.00 $ 13,600.00 $ 3,650.00 $ 14,600.00 $ 4,300.00 $ 17,200.00 $ 3,000.00 $ 12,000.00 NON-FLARED TERMINAL 23 BEAM GUARDRAIL TYPE 31 LF 250 $ 25.00 $ 6,250.00 $ 40.00 $ 10,000.00 $ 34.00 $ 8,500.00 $ 40.00 $ 10,000.00 $ 40.00 $ 10,000.00 ROAD: HIGHLAND RD BID TABULATION SHEET BID OPENING: JUNE 7.2019 CRP 1994•CULVERT CONWAY CONSTRUCTION ACTIVE CONSTRUCTION BRUMFIELD CONST. QUIGG,BROTHERS, INC REPLACEMENT Vancouver,WA Tacoma,WA Aberdeen,WA Aberdeen,WA ENGINEERS BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEMJ ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NQ. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 30 STRUCTURE EXCAVATION CY 2,590 $ 15.00 $ 38,850.00 $ 15.00 $ 38,850.00 $ 24.00 $ 62,160.00 $ 45.00 $116,550.00 CLASS B INCL.HAUL 31 SHORING OR EXTRA SF 2,493 $ 25.00 $ 62,325.00 $ 1.00 $ 2,493.00 $ 67.00 $167,031.00 $ 45.00 $112,185.00 EXCAVATION CLASS B 32 ROCK FOR ROCK WALL TON 105 $ 80.00 $ 8,400.00 $ 200.00 $ 21,000.00 $ 81.00 $ 8,505.00 $ 350.00 $ 36,750.00 33 ROADSIDE CLEANUP EST 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 34 SPCC PLAN LS 1 $ 500.00 $ 500.00 $ 600.00 $ 600.00 $ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00 TOTALS $620,663.22 $848,000.00 $877,061.90 $1,092,204.60 ROAD: HIGHLAND RD BID TABULATION SHEET BID OPENING: JUNE 7.2019 CRP 1994-CULVERT NOVA CONSTRUCTION GRANITE CONSTRUCTION MIKE MCCLUNG REPLACEMENT Littierock,WA Olympia,WA Buckley,WA ENGINEERS BIDDER NO: 5 BIDDER NO: 6 BIDDER NO: 7 ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES TE ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MOBILIZATION LS 1 $50,590.07 $ 50,590.07 $ 82,600.00 $ 82,600.00 $ 75,000.00 $ 75,000.00 $100,000.00 $ 100,000.00 2 CLEARING&GRUBBING LS 1 $ 9,500.00 $ 9,500.00 $ 17,000.00 $ 17,000.00 $ 20,900.00 $ 20,900.00 $ 20,000.00 $ 20,000.00 3 REMOVING BITUMINOUS SY 872 $ 10.00 $ 8,720.00 $ 10.00 $ 8,720.00 $ 9.00 $ 7,848.00 $ 11.00 $ 9,592.00 PAVEMENT 4 ROADWAY EXCVATION CY 1,415 $ 45.00 $ 63,675.00 $ 20.00 $ 28,300.00 $ 25.00 $ 35,375.00 $ 40.00 $ 56,600.00 INCL.HAUL 5 GRAVEL BORROW TON 3,025 $ 10.00 $ 30,250.00 $ 22.00 $ 66,550.00 $ 31.00 $ 93,775.00 $ 30.00 $ 90,750.00 INCL.HAUL 6 QUARRY SPALLS TON 55 $ 42.60 $ 2,343.00 $ 100.00 $ 5,500.00 $ 95.00 $ 5,225.00 $ 60.00 $ 3,300.00 7 STREAMBED SEDIMENT TON 170 $ 50.00 $ 8,500.00 $ 50.00 $ 8,500.00 $ 67.00 $ 11,390.00 $ 95.00 $ 16,150.00 8 STREAMBED COBBLES- TON 170 $ 50.00 $ 8,500.00 $ 50.00 $ 8,500.00 $ 67.00 $ 11,390.00 $ 95.00 $ 16,150.00 4"COBBLES 9 STREAMBED COBBLES TON 40 $ 50.00 $ 2,000.00 $ 60.00 $ 2,400.00 $ 67.00 $ 2,680.00 $ 105.00 $ 4,200.00 6"CLEAN COBBLES 10 PLACING ADD'TNL SEDIMENT EST 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 &COBBLES ASSEMBLY&INSTALL 17' DIAM.X 105'AL.STRUC. 11 PLATE 0.15"THICK WITYPE- LF 105 $ 152.38 $ 15,999.90 $ 1,980.00 $ 207,900.00 $ 389.00 $ 40,845.00 $ 505.00 $ 53,025.00 II REINFORCING RIBS AT 27"OC 12 CRUSHED SURFACING BASE TON 5,225 $ 30.00 $156,750.00 $ 30.00 $ 156,750.00 $ 32.00 $ 167,200.00 $ 50.00 $261,250.00 COURSE 13 CRUSHED SURFACING TOP TON 450 $ 35.00 $ 15,750.00 $ 50.00 $ 22,500.00 $ 45.00 $ 20,250.00 $ 60.00 $ 27,000.00 COURSE 14 HMA CL. 1/2 IN.PG 58H-22 TON 310 $ 130.00 $ 40,300.00 $ 160.00 $ 49,600.00 $ 133.00 $ 41,230.00 $ 140.00 $ 43,400.00 15 SILT FENCE LF 148 $ 12.00 $ 1,776.00 $ 5.00 $ 740.00 $ 12.00 $ 1,776.00 $ 5.00 $ 740.00 16 ESC LEAD DAY 5 $ 200.00 $ 1,000.00 $ 200.00 $ 1,000.00 $ 34.00 $ 170.00 $ 800.00 $ 4,000.00 17 SEEDING,FERTILIZING& LS 1 $13,750.00 $ 13,750.00 $ 4,024.00 $ 4,024.00 $ 4,000.00 $ 4,000.00 $ 3,500.00 $ 3,500.00 MULCHING 18 PLASTIC COVERING SY 785 $ 3.00 $ 2,355.00 $ 1.00 $ 785.00 $ 3.00 $ 2,355.00 $ 5.00 $ 3,925.00 19 WATTLE LF 120 $ 10.00 $ 1,200.00 $ 5.00 $ 600.00 $ 9.00 $ 1,080.00 $ 5.00 $ 600.00 20 EROSION/WATER POLLUTION EST 1 $10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 CONTROL TEMP, 21 DEWATERING/STREAM LS 1 $20,000.00 $ 20,000.00 $ 33,493.00 $ 33,493.00 $ 27,000.00 $ 27,000.00 $ 15,000.00 $ 15,000.00 BYPASS SYSTEM 22 BEAM GUARDRAIL TYPE 31 EACH 4 $ 3,000.00 $ 12,000.00 $ 4,000.00 $ 16,000.00 $ 3,800.00 $ 15,200.00 $ 3,500.00 $ 14,000.00 NON-FLARED TERMINAL 23 BEAM GUARDRAIL TYPE 31 LF 250 $ 25.00 $ 6,250.00 $ 50.00 $ 12,500.00 $ 50.00 $ 12,500.00 1 $ 55.00 $ 13,750.00 ROAD: HIGHLAND RD BID TABULATION SHEET BID OPENING: JUNE 7.2019 CRP 1994-CULVERT NOVA CONSTRUCTION GRANITE CONSTRUCTION MIKE MCCLUNG REPLACEMENT Littlerock,WA Olympia,WA Buckley,WA ENGINEERS BIDDER NO: 5 BIDDER NO: 6 BIDDER NO: 7 ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES TE ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 24 PAINT LINE LF 1,065 $ 1.50 $ 1,597.50 $ 6.00 $ 6,390.00 $ 5.00 $ 5,325.00 $ 5.00 $ 5,325.00 25 RECESSED PAVEMENT HUND 0.06 $10,000.00 $ 600.00 $ 60,000.00 $ 3,600.00 $ 87,840.00 $ 5,270.40 $ 75,000.00 $ 4,500.00 MARKER 26 PROJECT TEMPORARY LS 1 $ 3,000.00 $ 3,000.00 $ 6,100.00 $ 6,100.00 $ 2,200.00 $ 2,200.00 $ 20,000.00 $ 20,000.00 TRAFFIC CONTROL 27 TRAFFIC CONTROL LS 1 $ 9,000.00 $ 9,000.00 $ 1,300.00 $ 1,300.00 $ 2,900.00 $ 2,900.00 $ 12,000.00 $ 12,000.00 SUPERVISOR 28 CONSTRUCTION SIGNS SF 72.5 $ 48.30 $ 3,501.75 $ 50.00 $ 3,625.00 $ 27.00 $ 1,957.50 $ 45.00 $ 3,262.50 CLASS A 29 PORTABLE CHANGEABLE HR 336 $ 5.00 $ 1,680.00 $ 30.00 $ 10,080.00 $ 9.00 $ 3,024.00 $ 12.50 $ 4,200.00 MESSAGE SIGN 30 STRUCTURE EXCAVATION CY 2,590 $ 15.00 $ 38,850.00 $ 15.00 $ 38,850.00 $ 24.00 $ 62,160.00 $ 45.00 $ 116,550.00 CLASS B INCL.HAUL SHORING OR EXTRA 31 EXCAVATION CLASS B SF 2,493 $ 25.00 $ 62,325.00 $ 1.00 $ 2,493.00 $ 67.00 $ 167,031.00 $ 45.00 $ 112,185.00 INCL.HAUL 32 ROCK FOR ROCK WALL TON 105 $ 80.00 $ 8,400.00 $ 200.00 $ 21,000.00 $ 81.00 $ 8,505.00 $ 350.00 $ 36,750.00 33 ROADSIDE CLEANUP EST 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 34 SPCC PLAN LS 1 $ 500.00 $ 500.00 $ 600.00 $ 600.00 $ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00 TOTALS $620,663.22 $ 848,000.00 $ 877,061.90 $1,092,204.50 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: July 2, 2019 Agenda Item # 3 BRIEFING DATE: June 24, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Contract Award Update: Special Project 701-4 - Satsop Cloquallum Road BACKGROUND: On March 25, 2019, Public Works announced at the Commission Meeting that the Mitigation Project 701-4 on Satsop Cloquallum Road opened bids on Friday, February 22, 2019 and awarded, with FEMA concurrence, to the apparent low bidder, Hanson Excavation, LLC, out of Shelton WA at their bid price of $97,919.00. Hanson Excavation is no longer able to begin/complete the project and has withdrawn their bid. The second low bidder, Clark Crane Company was contacted and declined the project. . With FEMA's consent, Public Works moved onto the third low bidder, Rognlins Inc., which has accepted the project award at their bid price of $113,410.00, plus an additional procurement cost of $14,400. BUDGET IMPACTS: FEMA and State Emergency Management funds will cover 87.5%. RECOMMENDED ACTION: No action required. ATTACHMENT: Bid Tabulation SATSOP-CLOQUALLUM MITIGATION ROAD:02000 BID TABULATION SHEET Mason County Public Works BID OPEN:2122119 SP 701-4 Hanson Excavation,LLC Clark Crane Company Rognlin's,Inc. Active Construction,Inc Quigg Brothers,Inc. Redside Construction,LLC FEMA PW 35-DR 4253 86 SE Banjo Lane 21 E Cedarshade Lane PO Box 307 5110 River Road E 819 West State Street 600 Winslow Way E Suite 237 Shelton WA 98584 Shelton WA 98584 Aberdeen WA 98520 Tacoma WA 98443 Aberdeen WA 98520 Bainbridge Island WA 98110 BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 BIDDER NO: 5 BIDDER NO: 6 ENGINEER'S ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEM ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MOBILIZATION L.S. 1 $ 15,000.00 $ 15,000.00 $ 33,333.00 $ 33,333.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 $ 25,355.00 $ 25,355.00 $ 12,000.00 $ 12,000.00 $ 20,000.00 $ 20,000.00 2 FURNISHING ST.PILING L.F. 360 $ 95.00 $ 34,200.00 $ 49.00 $ 17,640.00 $ 48.94 $ 17,618.40 $ 50.00 $ 18,000.00 $ 53.50 $ 19,260.00 $ 75.00 $ 27,000.00 $ 42.00 $ 15,120.00 3 DRIVING ST.PILE EACH 12 $ 5,000.00 $ 60,000.00 $ 1,333.00 $ 15,996.00 $ 2,819.16 $ 33,829.92 $ 3,200.00 $ 38,400.00 $ 3,000.00 $ 36,000.00 $ 3,000.00 $ 36,000.00 $ 7,350.00 $ 88,200.00 4 SILT FENCE L.F. 700 $ 8.00 $ 5,600.00 $ 3.00 $ 2,100.00 $ 5.00 $ 3,500.00 $ 3.00 $ 2,100.00 $ 6.00 $ 4,200.00 $ 6.00 $ 4,200.00 $ 1.50 $ 1,050.00 5 ESC LEAD DAY 3 $ 300.00 $ 900.00 $ 100.00 $ 300.00 $ 250.00 $ 750.00 $ 200.00 $ 600.00 $ 1.00 $ 3.00 $ 100.00 $ 300.00 $ 50.00 $ 150.00 6 EROSION/WATER EST. 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 POLLUTION CONTROL 7 PROJECT TEMPORARY L.S. 1 $ 8,000.00 $ 8,000.00 $ 6,000.00 $ 6,000.00 $ 9,492.00 $ 9,492.00 $ 11,000.00 $ 11,000.00 $ 12,500.00 $ 12,500.00 $ 7,500.00 $ 7,500.00 $ 35,000.00 $ 35,000.00 TRAFFIC CONTROL 8 TRAFFIC CONTROL L.S. 1 $ 4,000.00 $ 4,000.00 $ 1,500.00 $ 1,500.00 $ 5,529.00 $ 5,529.00 $ 4,500.00 $ 4,500.00 $ 6,500.00 $ 6,500.00 $ 5,000.00 $ 5,000.00 $ 1,300.00 $ 1,300.00 SUPERVISOR 9 CONSTRUCTION SIGNS, S.F 27 $ 40.00 $ 1,080.00 $ 50.00 $ 1,350.00 $ 64.81 $ 1,749.87 $ 30.00 $ 810.00 $ 45.00 $ 1,215.00 $ 35.00 $ 945.00 $ 40.00 $ 1,080.00 CLASS A 10 ROADSIDE CLEANUP EST. 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 11 SPCC PLAN L.S. 1 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 100.00 $ 100.00 $ 11000.00 $ 1,000.00 $ 500.00 $ 500.00 12 LOG WITH ROOTWAD EACH 11 $ 5,000.00 $ 55,000.00 $ 1,200.00 $ 13,200.00 $ 973.66 $ 10,710.26 $ 2,000.00 $ 22,000.00 $ 2,000.00 $ 22,000.00 $ 3,200.00 $ 35,200.00 $ 4,500.00 $ 49,500.00 BID ITEM TOTAL $ 190,280.00 $ 97,919.00 $ 99,679.45 $ 113,410.00 $ 133,133.00 $ 135,145.00 $ 217,900.00 Pg1of1 BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of June 24,2019 Monday,June 24,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • The Board agreed to hold a special meeting in Belfair on July 30 with updates on the Connector Road,MTA Park&Ride and review of the Animal Code changes. • The Belfair Sewer Advisory Committee will be removed from County Code because their mission is complete. • Final review of the 2020 Budget Guidelines and they will be placed on the July 2 agenda for adoption and will be circulated on July 8. • Jennifer provided amendments to the Budget Reserve amounts increasing the General Fund Operating Reserve from 12-15%to 15-20%of the prior year's expenditures; include a County Road New Road Projects Fund Reserve;County Road Operating Reserve and REET 2 Belfair Sewer Reserve. Cmmr.Neatherlin wants to be certain the Road Fund has enough cash for road projects and suggested they may need up to 5 years to meet the reserves. Frank noted that they need to include an ER&R Reserve. Jennifer will make sure this policy is part of the July Finance Committee meeting. • Jennifer also presented the Belfair Sewer debt payment schedule and the options on how to use the DOC$1.455M grant. The agreement was to pay off loan L0400017 and bring this issue back this afternoon when reviewing the Belfair Sewer financial status. • Application to request for$450,000 in funding for the Belfair Sewer from the.09 Sales Tax Fund will be sent to Public Works. • The North Mason MCSO Office three-year lease will be placed on the agenda. • Ross presented amendments to County Code to prohibit camping in County Parks except for special camping permits and to include that camping is prohibited on County owned real property and property held in trust. Cmmr.Neatherlin expressed concern with some of the language and Ross will check with legal staff before bringing back for another review. • Melissa Drewry presented the YTD report on county surplus property sales. Total sales in 2019,after taxes and fees,are$191,159.40. Melissa is working with the County Treasurer to schedule an on-line tax title sale in the fall. • Review of Public Safety Tax proposition information that will be placed on the website. • August 3 will be a Support Staff appreciation barbeque at Walker Park. 10:00 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Proposal to conduct a public outreach to declare January as`Building Permit Month"and hold a forum in November to educate the public on the processes involved and trouble shoot the permit process in advance of the busy season. • Review of vehicle usage and costs for Community Services. The recommendation is to turn in two Community Health cars and use an ER&R rental and pay by mileage. The vehicle calendar will be managed by Support Services. Discussion included short and long term needs and vehicle replacement. • Staff is watching fire danger levels with the 4`s of July coming up. • Dave is continuing with WRIA work. 10:30 A.M. The Commissioners took a break until 10:35 a.m. 10:35 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. Board of Mason County Commissioners' Briefing Minutes June 24,2019 • Approval to place on the agenda:CRP 1994 Highland Road Culvert Replacement Project award to Conway Construction;Special Project 7014 Satsop Cloquallum Road Mitigation Project;and culvert replacement projects for Uncle John's Creek upper and lower culverts(Agate Loop Road)and Dayton Creek culvert(Highland Road). Highland Road closure will be placed on the June 25 agenda in order to meet the deadlines. • Cmmr.Shutty asked staff to check on the status of the culvert replacement at Shelton Matlock intersection. 11:00 A.M. District Court—Judge Steele Commissioners Shutty,Trask and Neatherlin were in attendance. • Judge Steele advised the Commissioners that District Court is looking to create a Community Court to assist defendants with life skills to comply with court orders,take reasonable steps to improve themselves and avoid a life of crime. The request is to increase the.2FTE in probation to a.5FTE • They are requesting two new positions to maintain minimal compliance with WA State law. Cmmr.Shutty noted that in the Safety Tax Proposition,it is proposed to add two staff to District Court. Cmmr.Neatherlin pointed out that in the 2019 budget cycle he had suggested adding a FTE that is split with the Court Clerk office. Patsy stated Judge Steele has issues with sharing staff with another office and Cmmr. Shutty asked for those concerns. There was discussion of District Court seeking Auditor O&M funding and funding from the Local Records Grant program to scan court records. Patsy voiced her concern with lack of staffing in her office. Commissioner Discussion—Cmmr.Neatherlin noted that the General Fund Ending Fund Balance will probably be close to$9M but we are increasing reserves. It was agreed to wait until fall to see the results of the Safety Tax Proposition before committing any funding for new staff. BREAK—NOON 2:00 P.M. Public Works/FCS Group—Loretta Swanson/Gordon Wilson Gordon Wilson,FCS Group,provided an updated Belfair Sewer financial analysis that explores ways to improve the financial health of the Belfair sewer. The sewer has annual revenue of$479K revenue;$640K operating cost;and debt service just under$1 M. The sewer is subsidized by other resources,REET 2 and.09 Rural Sales Tax Fund. In order to close the gap,the rates need to be increased and/or gain additional ERU's. The maximum tolerable rate is$106.55. The current definition of an ERU is 155 gallons per day and based on actual measured flows,that number is still valid. During the last legislative session the following appropriations were made: $11 million through the Public Works Board for constructing a sewer extension to the Lake Flora vicinity($2 million grant/$9 million loan);$0.515 re-appropriation through Commerce for the sewer extension design and$1.5 million through commerce for Belfair wastewater system rate relief. The Public Works Board loan application process is now open and applications are due by July 12. Cmmr.Shutty questions: How much is the annual cost difference per$1 M grant received. Cost if the sewer is ran from the treatment plant to the County line versus to Lake Flora. Capital improvement costs need to be included. Cmmr.Neatherlin comments: Questioned the operation cost. The 34%increase may work for residential but it would have a huge impact on businesses. Board of Mason County Commissioners' Briefing Minutes June 24,2019 Requested staff to pursue getting something in writing from Ecology and other lenders regarding the Old Belfair Highway commitment. Discussed potential growth including 150 home sites and an apartment and suggested allowing the developer to put in the sewer line and then dedicate the sewer line to the county. Gordon noted it is common for developers to install sewer pipe and recover costs with latecomer fees. Gordon stated the Capital Facility Charge(CFC)can be reduced. Loretta will request approval to make application for a Public Works Board loan on the July 2 agenda. The briefing adjourned at 3:30 p.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North Sth Street, Shelton, WA June 4, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:03 a.m. 2. Pledge of Allegiance— Mike Olson led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Robert Pastore sent in a letter concerning building height allowances in Mason County. 4.1.2 Washington State Liquor and Cannabis Board sent liquor license applications for Tahuya Community Club 14880 NE North Shore Rd, and Harstine Island Community Club located at 3371 E. Harstine Island Rd N, Shelton. 4.1.3 Herbert Larson sent in a letter regarding Lake Management District No.3 for Spencer La ke. 4.2 News Release: Temporary closure of Union Park Staff: Ross McDowell 5. Open Forum for Citizen Input— 5.1 Constance Ibsen questioned if the stumps would be ground at Union Park and also if replanting would be done. Ross McDowell said that the stumps would be ground up and they are researching types of trees to replant. 5.2 Mike Olson announced the Mason County Veterans Memorial project. He said a physical memorial is needed to recognize the veterans and said that granite plaques can be purchased and engraved. Mike said they are looking for more funding assistance and hoping to have the project finished by Veteran's Day. 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes— None 8. Approval of Action Agenda: 8.1 Approval of the professional Services Contract for the new Mason County Health Officer, Daniel E. Stein, MD. 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064388-8064653 $ 907,247.21 Direct Deposit Fund Warrant #s 59083-59474 $ 701,067.70 Salary Clearing Fund Warrant #s 7004440-7004466 $ 488,657.63 82Approval to submit the 2019-2021 Local Solid Waste Funding Assistance aSWFA)grant application to Department of Ecology and authorize the Public Works Director and/or Deputy Director/Utilities and Waste Management to sign the necessary agreements. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.3. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to consider a rezone request for 30 acres in Rural Residential 5 (RR5) to Rural Tourist Campground (RTC). Staff: Kell Rowen BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 4, 2019 - PAGE 2 Kell said this is a rezone of two parcels- 32035-12-00000 and 32035-12-00010 on Fireweed Lane. The land was donated to a non-profit group, Impact Northwest and will not be used for residential purposes minus the building of a shelter within the campground. Cmmr. Shutty questioned how the Planning Advisory Commission (PAC) came to their decision to move forward. Kell explained that there were concerned neighbors at first, but the PAC was able to answer all concerns and voted unanimously to move forward. An unknown gentleman questioned what would happen if a new owner took over the property. He specifically asked if the zoning would revert to RRS. Kell said it would stay RTC unless it was once again rezoned to become residential. He then asked if they could turn the property into an RV park since it was zoned RTC. Kell said that would require a special use permit and could not easily change into said RV park. No public comment received. Cmmr. Neatherlin/Trask moved and seconded to approve the rezone request for 30 acres in Rural Residential 5 (RR5) to Rural Tourist Campground (RTC). Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.A—Res.50-19) 10.2 Public Hearing to consider amendments to Title 8, Chapter 8.52, Resource Ordinance, relating to the Voluntary Stewardship Program (VSP). Staff: Kell Rowen Kell Rowen gave a brief history of how Mason County entered the VSP and how they have worked together on the proposed amendments. Ken VanBuskirk questioned if the language encouraging owners of farmland to enter into an Open Space Agreement was left in after the amendments. Cmmr. Neatherlin read from the Work Plan noting that it was. Ken VanBuskirk then gave public comment in favor of adoption. Cmmr. Trask/Neatherlin moved and seconded to approve amendments to Title 8, Chapter 8.52, Resource Ordinance, relating to the Voluntary Stewardship Program (VSP). Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.B—Res.51-19) 10.3 Public hearing to consider code amendments to Title 17-Zoning, relating to raising height limits in certain zones within the Urban Growth Areas of Allyn, Belfair, and Shelton and Rural Commercial Zones 3,4 and 5. Staff: Kell Rowen Kell Rowen once again took the stand and noted that currently, height limits are limited to 35 feet in most areas, but some areas allow 45 feet or more depending on circumstances. She said that the PAC voted to approve increasing height limits up to 55 feet with a special use permit. Cmmr. Neatherlin questioned the review of proper water systems for fire flow. Kell said that was not reviewed, but under the Special Use Permit this along with view impacts, traffic impacts, etc. would all be reviewed. Cmmr. Shutty asked Jeromy Hicks, Fire Marshal to speak to any firefighting concerns with the adoption of these height changes. Jeromy said there is an ordinance on record regarding fire flow, meaning these issues have been addressed. He noted that this is all looked at during the permitting process and said Belfair has a great water system so there shouldn't be an issue in that area. In regards to the height versus firetrucks, Jeromy stated that there are 100 story buildings in Seattle and trucks cannot go that high. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 4, 2019 - PAGE 3 Ken VanBuskirk questioned what the tallest residential structure is in Belfair. Kell was unsure of the answer. He then referred to PAC minutes which referred to comments made by Mark Ziegler regarding this issue and asked if they were included in today's packet. Kell said they were not. He and Kell had an in-depth discussion about PAC minutes in which this topic was addressed. Constance Ibsen asked the Fire Marshal about pressure in hydrants along Hwy. 106 which are run by PUD #1. Jeromy explained that many hydrants are used to fill water trucks and pumps as they don't have the pressure for a direct connection, but they do have the capacity. Ken VanBuskirk read an email aloud from Herb Gearhardt and asked the Board to table this item. He submitted into the record, a letter that was given to the PAC on April 15, 2019 and a copy of materials from the sub-area plan. Ken then spoke about both items. Constance Ibsen voiced concern noting that these changes in height restrictions do not equal good planning. She then asked to have Union removed from the code changes. Cmmr. Shutty said he would be comfortable removing Union and Hoodsport and allowing some other commercial areas the chance to grow to see what the effects are in Rural Activity Centers (RAC's). Kell said she would be comfortable limiting this to the Taylor Town RAC and proposed the following language for Rural Commercial 3,4 and 5: Building Regulations height- two floors not to exceed 35 feet maximum except for Ag buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise compliant permitted land use or as reviewed by special use permit not to exceed 55 feet only within the Rural Activity Center of Taylor Town. Cmmr. Neatherlin/Trask moved and seconded to approve amendments to Title 17- Zoning, relating to raising height limits in certain zones within the Urban Growth Areas of Allyn, Belfair, and Shelton and Rural Commercial Zones 3,4 and 5 in the Taylor Town RAC, excluding the Union and Hoodsport RAC's. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.C—Res.52-19) 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 10:17 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 4, 2019 - PAGE 4 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5t' Street, Shelton, WA June 11, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:05 a.m. 2. Pledge of Allegiance— George Blush led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 — Kevin Shutty; Commissioner District 3— Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent liquor license application for Allyn Community Association located at Port of Allyn Waterfront Park 18560 WA-3, Allyn. 4.1.2 ]an Morris sent in application for Lodging Tax Advisory Committee. 5. Open Forum for Citizen Input— None 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes— May 7, and May 21, 2019 Regular Meeting Minutes. Cmmr. Neatherlin/Trask moved and seconded to adopt the May 7 and May 21, 2019 minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to have the Chair sign the agreement for the 2019-2021 Biennium Contract No. K2016 between the Washington State Conservation Commission and Mason County for Voluntary Stewardship Program Implementation. 8.2 Approval of the resolution amending the income guidelines in the Veterans Advisory Board Policy for the Veterans' assistance program to reflect the annual income to be eligible is after taxes and medical premium deductions. (Ex.A—Res. 53-19) 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064654-8064766 $ 186,611.14 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for May 2019 $ 435,330.23 8.4 Approval to have the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for July 10, 2019 at 1:00 p.m. to consider public comment on the petition for vacation of the south 40 feet of Olympic Avenue that lays north of Block 14 Lots 6-11 in the Plat of Hoodsport in Mason County, Washington. (Ex. B-Res. 54-19) 8.5 Approval of the contract with KMB Architects for architectural and engineering services for the Mason County District Court Building #10 renovation project. This contract is the first of three phases. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.5. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None 10. 9:15 a.m. Public Hearings and Items set for a certain time— BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 11, 2019 - PAGE 2 10.1 Public Hearing to consider the application from Nickolas Opolsky to place parcel 52024-34-00030 into Open Space. Staff: Diane Zoren Diane Zoren said the Assessor's office is recommending the addition of all 6.16 acres into Open Space. Nickolas Opolsky, property owner, handed the Board copies of two maps and explained the reasoning for his request to enter the Open Space program. Cmmr. Neatherlin/Trask moved and seconded to place parcel 52024-34-00030 into Open Space. Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to consider moving forward with the formation of a lake management district for Spencer Lake (LMD #3) for a 10-year period commencing in 2020. Staff: Diane Zoren Diane Zoren explained that this LMD formation is from a petition signed by the residents of Spencer Lake and would commence in 2020. Funds would be used to treat the aquatic vegetation within the lake. A resident of the lake asked who would be on the committee and how the algae would be addressed. Diane explained the committee would be made up of citizens on the lake who would then manage the money. The resident then spoke about the spillway next to her property and the issues she's been having. Another resident addressed the spillway, noting that the levels need to be observed. Cmmr. Neatherlin reminded those in attendance that the lake level is not being observed at this time, and instead discussion needs to be geared towards the Lake Management District. An unknown gentleman suggested a boat cleaning station at the dock and asked if this money could be used for that to help curb contamination. Diane said she would need to check with legal as it may be considered a capital improvement. Public Comment.- William Zeigler spoke about environmental impacts that will need to be addressed by the committee. Doris Zacker gave a brief background on why the petition was brought forward to create the LMD as well as some history of the lake. Herb Larson gave the Board a letter and voiced objection to the way funding will be collected, saying he believes the RCW says the Commissioners can decided how the money is spent. He spoke about how each property owner will owe different amounts due to improvements being within the assessment calculations. Herb described a different method to implement the funding and asked them to consider it. Richard Buchholz spoke in favor of the LMD creation while suggesting they set up a five-year plan instead of a ten-year plan. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 11, 2019 - PAGE 3 Joe Snyder also spoke in favor of the LMD and said though not all problems will be immediately addressed, this proposal will at least help with the algae issues. He noted that with the improved quality of the lake, property values will increase. Joyce Arnold said she would like to see the LMD set at a five-year limit instead of ten as she feels this is over taxation. Brian Herbert voiced his favor of the LMD, but spoke against the way the amount for each property is being assessed. He also spoke about non-residents who use the lake and those who don't build on their lake, but instead use the property to camp. Brian suggested a flat fee for each lot instead of separate assessments. Colleen Spurling said it has taken almost five years to get to this hearing and $2,000 has been spent to get to this point. She said if changes are made, the process begins all over again and it could take another five years. Colleen proposed moving forward. Darryl (last name unknown) stated that the weeds are changing the lake and choking off areas. He spoke to the rapid speed in which the weeds are growing and said he is unable to fish and has to completely clean his access every year in order to swim. He said the LMD needs to happen now instead of waiting another five years. Jerry Zucker said that five years may not be enough to completely clean the lake. He spoke to the extended effort that will be necessary to clean the lake each year. Cmmr. Neatherlin questioned where the ten-year timeline came from. Diane Zoren answered that it was on the petition that was signed and submitted to the County. Cmmr. Neatherlin/Trask moved and seconded to approve the resolution adopting findings and determinations consistent with RCW 36.61.070 regarding the establishment of a Lake Management district for Spencer Lake, and submitting the establishment of Lake Management District #3 to a vote of the property owners within the proposed district. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.C—Res.55-19) 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 10:13 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 11, 2019 - PAGE 4 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North Stn Street, Shelton, WA June 18, 2019 1. Call to Order-The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance- Bernie Games led the flag salute. 3. Roll Call - Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 - Kevin Shutty; Commissioner District 3- Sharon Trask 4. Correspondence and Organizational Business 4.1 Correspondence- No correspondence to report. 4.2 News Release: County Road Chip Seal and Restriping in the months of July and August Staff: Loretta Swanson 4.3 News Release: Mason County Historic Preservation Commission vacancy Staff: Michael MacSems 5. Open Forum for Citizen Input- None. 6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes- May 28, 2019 Regular Minutes Cmmr.Trask/Neatherlin moved and seconded to adopt the May 28, 2019 regular meeting minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to sign a letter of no objection for the special occasion liquor license application for the Fjordin Crossing on June 29, 2019 at the Port of Hoodsport. 8.2 Approval to allow Chief Administrative Official, Frank Pinter, to sign the Greenhouse Gas Reduction Policy and certify this project will adhere to this policy. 8.3 Approval to set a hearing on Tuesday, July 2, 2019 at 9:15 a.m. to consider the sale of parcel 32232-52-08021, located on E. Port Townsend Street, Union and parcel32021- 56-01013, 160 E Panorama Drive, Shelton. 8.4 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064767-8064931 $ 543,454.49 Direct Deposit Fund Warrant #s 59475-59867 $ 713,082.29 Salary Clearing Fund Warrant #s 7004467-7004505 $ 978,844.69 8.5 Approval to authorize ER&R to declare a list of vehicles and miscellaneous parts/assets as surplus and allow ER&R to dispose of pursuant to Mason County Code and state laws. 8.6 Approval of an overtime contract between the Mason County Sheriff's Office and Mason County Fire District (MCFD) #6 for security work at their board meetings. 8.7 Approval of a resolution to adopt the Mason County Revenue (cash) Handling Policy and Procedures. (Ex.A-Res. 56-19) 8.8 Approval to reschedule the June 25, 2019 Commission meeting time to 9:00 a.m. rather than 6:00 p.m. Cmmr. Neatherlin requested to remove item 8.6 for discussion. Cmmr. Trask/Neatherlin moved and seconded to approve action items 8.1 through 8.8 with the exception of item 8.6. Motion carried unanimously. N-aye; S-aye; T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 18, 2019 - PAGE 2 8.6 Chief Dracobly said he was contacted by the Chief at MCFD 6 to provide security at the meetings. Cmmr. Shutty asked if other organizations have asked for similar work. Chief Dracobly said yes and gave some examples of this work. Constance Ibsen asked if any documentation was received making it seem as though the board had approved this contract. He said no, and that the contract was from Chief Volk. She thanked the Board for following procedures because she was unaware of this contract even though she has attended meetings at FD #6. Cmmr. Neatherlin said Chief Volk probably has the power to hire this security without presenting it to the board because the Chief usually has spending power. He then spoke to the influence made by the presence of an officer in certain situations which Cmmr. Trask agreed with. Cmmr. Neatherlin/Trask moved and seconded to approve the overtime contract between the Mason County Sheriff's Office and Mason County Fire District(MCFD) #6 for security work at their board meetings. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to consider the approval of the following budget supplemental appropriations and amendments to the 2019 budget: • Total adjustments to authorized expenditure appropriations in the General Fund: $462,959 • Total adjustments to authorized expenditure appropriations in funds other than the General Fund: $647,974. Staff: Jennifer Beierle Jennifer Beierle quickly briefed the board on the amounts. No public comment was received. Cmmr. Neatherlin/Trask moved and seconded to approve the following budget supplemental appropriations and amendments to the 2019 budget: • Total adjustments to authorized expenditure appropriations in the General Fund: $462,959 • Total adjustments to authorized expenditure appropriations in funds other than the General Fund: $647,974. Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to consider code amendments Title 14, Chapter 14.22 Flood Damage Prevention and Title 8, Chapter 8.52, Section 8.52.130, Frequently Flooded Areas. Staff: Kell Rowen Kell Rowen said the last FEMA mapping was done in the 80's and early 90's meaning they are quite out of date. She spoke to the process of updating the information and mapping, noting they have been working since 2017 to get Mason County into compliance with federal laws. No public comment received. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 18, 2019 - PAGE 3 Cmmr. Neatherlin/Trask moved and seconded to approve the code amendments as proposed in attachment A and attachment B. Motion carried unanimously. N- aye; S-aye; T-aye. (Ex.B-Res.57-19) 10.3 Public Hearing to consider amending County Code Chapter 4.08 — Animal Code. Presenter: Cmmr. Shutty Cmmr. Shutty explained that this update is to add language making it unlawful for an owner of an animal to allow the animal to enter or trespass onto private property or to allow said animal to run at large onto public property. An unknown citizen questioned if this will allow the Sheriff to do something about stray dogs and if the owners will be fined. Cmmr. Shutty read from the attachment in the packet noting there would be a $250 fine. Assistant Prosecuting Attorney Tim Whitehead added that if the owner knowingly violates the law it could be a misdemeanor. Cmmr. Trask/Neatherlin moved to amend County Code Chapter 4.08 making it unlawful for an owner of an animal to allow the animal to enter or trespass onto private property or to allow said animal to run at large onto public property. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.C—Res.58-19) 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 9:50 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5"' Street, Shelton, WA June 25, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance —Cmmr. Neatherlin led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3— Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 State of Washington Department of Commerce sent in a letter regarding the Community Development Block Grant(CDBG). 4.1.2 Washington State Liquor and Cannabis board sent in liquor application for Hood Canal Salmon Enhancement Group for an event at Skokomish Valley Grange 2202 W. Skokomish Valley Rd, Shelton. 4.1.3 Olympic Region Clean Air Agency (ORCAA) sent in notification that the Mason County Contribution for calendar year 2020 is $43,910.48. 4.1.4 Federal Emergency Management Agency (FEMA) sent a Letter of Map Change (LOMC) actions and Letters of Map Revision on Fill (LOMR-Fs). 4.1.5 Harstine Island Community Club sent a letter regarding the Harstine Island Parade and Celebration. 5. Open Forum for Citizen Input— None 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes—June 3, June 10, and June 17, 2019 Briefing Minutes Cmmr. Neatherlin/Trask moved and seconded to adopt the June 3,June 10, and June 17, 2019 Briefing Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to set a Public Hearing on Tuesday, July 23, 2019 at 6:15 p.m. to consider authorizing "No Parking"signs on the left side of Sand Hill Road from milepost 0.925 to milepost 0.987. 8.2 Approval of the 2019 Oath of Credit Card Inventory as required per RCW 43.09.2855. 8.3 Approval to enter into 2-year contracts with a term beginning July 1, 2019 and ending June 30, 2021 with the following agencies: • Crossroads Housing- Contract CH:2019-2021.4 in the amount of$885,970 • Community Lifeline- Contract CL:2019-2021.3 in the amount of$330,000 • Shelton Family Center- Contract SFC:2019-2021.1 in the amount of$30,000 • Turning Pointe Survivor Advocacy Center- Contract TPSA:2019-2021.1 in the amount of$103,000 8.4 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064932-8065047 $ 496,072.85 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ 8.5 Approval of the Community Development Block Grant and approval to allow Frank Pinter, Support Services Director, to sign the grant agreement on behalf of Mason County. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 25, 2019 - PAGE 2 8.6 Approval of an interlocal agreement for the Voluntary Stewardship Program (VSP) grant funded through Washington Conservation Commission with Mason Conservation District, replacing the current agreement which expires June 30, 2019. The new agreement will commence July 1, 2019 with an end date of June 30, 2021. 8.7 Approval of Contract Amendment #1 extending the contract with Northwest Event Organizers, Inc. (NEO) for the period of January 1, 2020 to December 31, 2021 for tourism development and marketing services and support of local festivals & events. 8.8 Approval to execute the resolution to close Highland Road to perform culvert replacement work at milepost 1.47 beginning Monday, July 8, 2019 and reopening prior to Friday, September 6, 2019. (Ex.A—Res. 59-19) Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.8. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None. 10. 9:15 a.m. Public Hearings and Items set for a certain time- 10.1 Public Hearing to consider the sale of parcel 32021-56-01027 on E. Panorama Drive, Shelton in the amount of$5,000. Staff: Frank Pinter Frank Pinter briefly gave a history of the parcel, noting the current offer of$5,000. No public comment received. Cmmr. Neatherlin/Trask moved and seconded to approve the sale of parcel 32021-56-01027 in the amount of$5,000 to John Schaff. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.B—Res.60-19) 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 9:20 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: July 2, 2019 Agenda Item # l Commissioner staff to complete) BRIEFING DATE: June 10, June 17, &June 24 BRIEFING PRESENTED BY: Jennifer Beierle, Budget Manager [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County 2020 and 2021 Preliminary Budget Guidelines EXECUTIVE SUMMARY: The preliminary budget guidelines are required to go out to departments on the second Monday in July, per RCW 36.40.010. In an effort to begin a biennial budget in 2021, the guidelines include instructions to departments to enter budget numbers for the second budget year in Munis. BUDGET IMPACTS: The Preliminary Budget Guidelines will have a direct impact on the 2020 adopted budget decisions and will help to serve as a plan for the 2021 "shadow budget". RECOMMENDED ACTION: Approval of the Mason County Commissioner's 2020 and 2021 Preliminary Budget Guidelines. J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2019\Action Agenda-Budget Guidelines 7.2.19.doc Co July 8, 2019 — - -- To: Elected Officials& Department Heads 1854 Re: Mason County Commissioner's 2020 and 2021 Preliminary Budget Preparation Guidelines The following are the Board of County Commissioners guidelines for the MASON COUNTY Preliminary Budget. Preliminary budgets are due to the Auditor in the Munis BOARD Financial System by close of business on Monday,August 12, 2019. OF Revenue in 2020 is projected to be level with 2019.The County will strive to build COMMISSIONERS reserve balances with all unexpended and one time revenues, in accordance with reserve requirements in Resolution No. 58-17. 1sT District Department Heads and Elected Officials are asked to present a 2020 budget at RANDY NEATHERLIN 2019 amended budget levels at 6/30/19, and a 2021 "shadow budget" at 2020 2nd District levels, plus CBA and other contractual increases. KEVIN SHUTTY Please implement the following guidelines when developing both 2020 and 2021 Preliminary Budgets: 3rd District SHARON TRASK REVENUE LEVELS ■ Current Expense Property Tax levy will include a 1%increase. Mason County Building 1 - Roads Property Tax levy will include a 1%increase. ■ Budget with existing fees and service charge schedules; review for proposed fee 411 North Fifth Street increases if possible. Shelton,WA 98584-3400 . Grants should be budgeted conservatively with projected amounts to be (360)427-9670 ext.419 received within the proper budget year. ■ Interest rates on investments will be .50%. (360)275-4467 ext.419 ■Transfers in—Fill out the attached transfer form and send to the transferring (360)482-5269 ext.419 department for signature, and return to the budget office.Transfers in without a Fax (360)427-8437 form or equivalent transfer out offset will not be considered in the budget. ■ Reimbursable interdepartmental revenue budgeted in one fund should be budgeted as an expense in another fund via the attached form. Requests without a form or equivalent offset will not be considered in the budget.This includes departments receiving Mental Health Fund revenue. EXPENDITURE LEVELS ■ Wages for union represented employees with signed union contracts should reflect general wage, step,and COLA increases as outlined in the contracts. ■ Wages for non-represented employees shall reflect step increases only.The BOCC may increase non-represented wages at a later date. 1 co a�a t $+ A ■ Wages for Elected Officials shall reflect the increase stated in Resolution No. 39- 19, except for Prosecuting Attorney wages in Resolution No. 22-19, and BOCC -— wages in Resolution No. 73-12. 1854t ■ 2020 ER&R vehicle rates are attached (use budget expense accounts ending in 545951). MASON COUNTY ■Traffic Policing Diversion at$2,160,000–Funding from Roads Property Tax Levy. BOARD The BOCC may change the diversion amount during budget preparation. OF ■ Budget any debt service per the attached Treasurer's Debt Service schedule. COMMISSIONERS .Transfers out–The attached transfer form is signed by the transferring from department and returned to the budget office for processing during the budget 1ST District year. RANDY NEATHERLIN . Reimbursable interdepartmental expenses budgeted in one fund should be 2"d District budgeted as revenue in another fund and approved by the other department via KEVIN SHUTTY the attached form. 3`d District . Human Resources will supply the Benefit Rate Sheet and Medical Allocation (use SHARON TRASK budget expense accounts ending in 520040 for medical) for 2020 and 2021. Medical budgets should reflect maximum amounts paid by the County times the number of FTEs. Mason County Building 1 ■2020 and 2021 Reserve for Technology rate will be$285 per FTE–Per the benefit rate sheet(use budget expense accounts ending in 541501). 411 North Fifth Street ■ 2020 and 2021 Unemployment rate will be$200 per FTE. (Elected Officials do Shelton, WA 98584-3400 not receive an unemployment rate charge.)–Per the benefit rate sheet(use budget expense accounts ending in 546096). (360)427-9670 ext. 419 ■ 2020 internal allocation amounts are attached–see tab A-1 (use budget (360)275-4467 ext. 419 expense accounts ending in 541019). (360)482-5269 ext. 419 . 2020 Information Technology charges are attached (use budget expense accounts ending in 545952). Fax (360)427-8437 ■ 2020 State Auditor Charges are attached (use budget expense accounts ending in 541510). ■ Building remodel request forms emailed to departments on June 6th should have been returned to Facilities by July 5th so that Facilities may budget accordingly. ■ Expenditure authority shall be adopted as two bottom lines for all Elected Officials and County Department budgets, including Special Funds, in accordance with Resolution No. 26-17: one bottom line for the total salaries and benefits and one bottom line for operational expenses. Ending Fund Balance is not an appropriation. 2 Co ■ Overall expenditures will be reviewed in relation to reserve requirements identified in Resolution No. 58-17. 1854 ' Departments are encouraged to seek out new grant awards. Additional expenditure requests in order to hire a grant writer will be considered by the BOCC. MASON COUNTY MUNIS BUDGET BOARD Prepare your internal budget analysis via any mechanism you prefer in OF preparation of Munis entry.The Auditor will send processing instructions to COMMISSIONERS submit Budgets in Munis. The 2020 Munis budget entry will include the following: 1 ST District ■ Budget 1—Preliminary Budget Request—Budget Level 1 will be populated with RANDY NEATHERLIN 2019 amended budget numbers at 6/30/19. Departments may change the 2n'District numbers to the requested amounts. KEVIN SHUTTY . Budget 2—Auditor's Preliminary Budget—The Auditor will make error 3`a District correction changes to preliminary budget requests. SHARON TRASK ■ Budget 3-Maintenance Level Changes(MLC)—This is departments' 2019 amended budget at 6/30/19 plus non-discretionary changes, i.e. CBA's in effect, L&I, DRS, and medical changes. Positions approved at the 3/19/19 & 6/18/19 Mason County Building 1 budget hearings will be included in Budget Level 3. Budget Level 3 will be entered by the Budget Office. 411 North Fifth Street ■ Budget 4—Policy Level Changes(PLC)—This is the difference between Budget Shelton, WA 98584-3400 Level 2 and Budget Level 3, and will populate automatically.The attached project form is required to be filled out for EACH new"project" requested in the 2020 (360)427-9670 ext.419 budget. A project request may include multiple BARS lines, and both revenue and expenses to show how the "project" number was derived.The following are (360)275-4467 ext. 419 considered projects: (360)482-5269 ext.419 1. New staffing request(s) 2. Capital &Vehicle Purchases Fax (360)427-8437 3. Operational requests by project 4. All other items over Maintenance Level Changes The 2021 Munis budget entry will include the following: ■ Budget 1—Enter any changes to the 2020 budget for the 2021 budget. BUDGET NARRATIVES A Budget Narrative should include the following information and is due to the Budget Manager via email (no paper copies) by September 9th: ■ 2018, 2019, and 2020 FTE count, and Organizational Chart ■ FTE position allocations and funding sources, if any 3 coa'�r A ■ Proposed Fee Increases ■ Workload Indicators—include a 3 year history comparison 1854 ■ Project Level Changes(Budget Level 4 in Munis—Instructions and training to follow) Countywide trainings will be provided by the Budget Manager in the Commission MASON COUNTY Chambers on July 11th at 9:00 am and 2:00 pm. BOARD OF Sincerely, COMMISSIONERS BOARD OF MASON COUNTY COMMISSIONERS I ST District RANDY NEATHERLIN Kevin Shutty Randy Neatherlin Sharon Trask 2nd District Chair Commissioner Commissioner KEVIN SHUTTY 3"District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360)427-9670 ext.419 (360)275-4467 ext. 419 (360)482-5269 ext.419 Fax (360)427-8437 4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit / Todd Parker Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _404 COMMISSION MEETING DATE: 7/2/19 Agenda Item # �. Commissioner staff to complete) BRIEFING DATE: 6/17/19 BRIEFING PRESENTED BY: Todd Parker [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Housing and Homelessness contract approval Background: Funding is state allocated funds through the Consolidated Homeless Grant (CHG) for the Housing and Essential Needs program that Community Action Council Administers. North Mason Resources funding is from the Local Document Recording Fees (2163) to support homelessness and housing coordinated entry and case management services throughout Mason County. RECOMMENDED ACTION: Approval to enter into 2-year contract with the term starting July 1, 2019 and ending June 30, 2021 with the following agencies: Community Action Council, #CAC:2019-2021.1, for $1,350,622 North Mason Resources, #NMR:2019-2021.1, for $70,000 Attachment(s): Contract cover page; additional documents available upon request I:\Community Services- Public Health\PH_07.02.19_Act ion Agenda_H Contracts.doc MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # CAC:2019-2021.1 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Community Action Council hereinafter referred to as "CONTRACTOR." Contracted Entity Communitv Action Council Address 3020 Willamette Dr. NE City, State, Zip Code Lacey, WA 98516 Phone 360-438-1100 Primary Contact Name, Title Kirsten York, Director of Family Services Primary Contact Phone & E-mail 360-438-1100 ext 1135; kirsten caclmt.or Contractor Fiscal Contact Brian Sanda Contractor Fiscal Phone & Email 360-438-1100 ext 1129; brians caclmt.or Washington State UBI# 600 503 120 Federal EIN 91-0818368 Total Award/Contract Value $1,350,622 Annual 2163 Funds Awarded None Annual 2060 Funds Awarded none Annual CHG Funds Awarded none Annual HEN Funds Awarded $675,311 Contract Term Duration July 1, 2019-June 30, 2021 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404 County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb(@co.mason.wa.us 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY to meet its requirement to reduce hornelessness pursuant to the Revised Code of Washington and according to the Mason County Homeless Plan. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: Housing RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name " �•�.�s �,�swb;�� Kevin Shotty, Chair Auth ize Sig aur d Date "�o��, ' t�•�lg�. Cho APPROVED AS TO FORM: Print Name &Title 6, ���L� Tim Whitehead, Chief DPA Date Professional Services Contract(rev 04/2019) Page 1 (� MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # NMR:2019-2021.1 THIS CONTRACT is made and entered into by and between Mason County. hereinafter referred to as "COUNTY" and North Mason Resources hereinafter referred to as "CONTRACTOR.' Contracted EnfiNorth Mason Resources Address _ 140 NE State Route 300/ P.O. Box 2052 City, State, ZipCode Belfair, WA 98528 Phone 360-552-2303 Primary Contact Name. Title Steve Abels, Executive Director Primary Contact Phone& E-mail 1360-552-2303; director nmresources.or Contractor Fiscal Contact Same Contractor Fiscal Phone & Email i same Washington State UBI# 602978279 Federal EIN 27-1532961 Total Award/Contract Value $70,000 Annual 2163 Funds Awarded $35,000 Annual 2060 Funds Awarded ; none Annual CHG Funds Awardedi none Annual HEN Funds Awarded I none Contract Term Duration July 1, 2019-June 30, 2021 _ County Contract Contact L dia Buchheit, Community Health Manager [County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404 CountyFiscal Contact i Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb(a-�co.mason.wa.us 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY to meet its requirement to reduce homelessness pursuant to the Revised Code of Washington and according to the Mason County Homeless Plan. COUNTY and CONTRACTOR. as defined above. acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligat!ons of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions. Exhibits, and the following other documents incorporated by reference: Housing RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Kevin Shutty, Chair Authorize Signat re NC ns Date C�1Gl1rVv\(2Y-\ APPROVED AS TO FORM: Print Name\& Title (;I I ZL�`CA Tim Whitehead. Chief DPA Date Professional Senices Contract (rev 04'2019) Page 1 i. Ci c1r v--- 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: July 2, 2019 Agenda Item # �,3 (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 59868-60262 $ 694,343.83 Salary Clearing Fund Warrant #s 7004506-7004532 $ 499,175.93 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 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 11,163,863.71 Direct Deposit YTD Total $ 8,204,248.38 Salary Clearing YTD Total $ 8,575,618.04 Approval of Treasure Electronic Remittances YTD Total $ 2,478,060.40 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 59868-60262 $ 694,343.83 Salary Clearing Fund Warrant #s 7004506-7004532 $ 499,175.93 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: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: July 2, 2019 Agenda Item # Commissioner staff to com tete BRIEFING DATE: June 24, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution eliminating Chapter 2.146, Belfair Sewer Advisory Committee, from the Mason County Code. The Committee completed its work in 2014 and submitted a report. Background: The Belfair Sewer Advisory Committee was established on March 19, 2013 by adoption of Resolution 14-13 to gather community input and provide recommendations to the Mason County Board of Commissioners regarding the development and funding of the existing and subsequent phases of the Belfair Sewer System. The Committee completed its work and submitted a report on June 24, 2014 to the County Commissioners with 20 recommendations. The Committee is no longer active and can be eliminated from County Code. Budget Impacts: None RECOMMENDED ACTION: Approval of the resolution eliminating Chapter 2.146, Belfair Sewer Advisory Committee, from the Mason County Code. The Committee completed its work in 2014 and submitted a report. Attachment: Resolution Resolution No. A Resolution Eliminating Chapter 2.146 of the Mason County Code, Belfair Sewer Advisory Committee WHEREAS,the Belfair Sewer Advisory Committee was established on March 19, 2013 by adoption of Resolution 14-13 to gather community input and provide recommendations to the Mason County Board of Commissioners regarding the development and funding of the existing and subsequent phases of the Belfair Sewer System; WHEREAS,the Committee completed its work and submitted a report on June 24, 2014 to the County Commissioners with 20 recommendations; NOW THEREFORE, BE IT HEREBY RESOLVED to eliminate Chapter 2.146 of the Mason County Code and the Belfair Sewer Advisory Committee. Dated this 2nd day of July, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: July 2, 2019 Agenda Item # 2"5 BRIEFING DATE: June 24, 2019 BRIEFING PRESENTED BY: Loretta Swanson, Director and Gordon Wilson, FCS Group [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Authorization to Apply for Public Works Board Loan — Belfair Sewer Background: The legislature appropriated $11 million for the construction of a sewer extension to the Lake Flora vicinity ($2 million grant/$9 million loan) during the last session. The Public Works Board loan application process is now open and applications are due by July 12, 2019. Loan awards go out in August. A June 20, 2019 preliminary draft technical memo documenting an updated financial plan for the Belfair Sewer System was presented to Commissioners by Gordon Wilson, FCS Group. Mr. Wilson noted there are variables not under county control (growth rate, State assistance, partnerships) that present uncertainties when determining whether to incur additional debt. Commissioners identified additional information that would be helpful in determining, what, if any, additional debt to incur. It is recommended to apply for the loan although there are still unanswered questions and uncertainties. Commissioners may decide in August whether to accept the loan. Staff recommends the following steps while continuing discussions with potential project partners: 07/12 - Apply for the Public Works Board loan. 07/15 - Identify project scope/cost options along with associated loan/debt service. 08/05 - Review loan terms (amount, interest rate, forgivable?) along with project options. 08/12 - Deliberate whether to accept a loan and under what terms. RECOMMENDED ACTION: Recommend the Board authorize Public Works to apply for a Public Works Board construction loan, subject to a future and separate Board deliberation/action regarding loan acceptance. Attachment: Public Works Board Application Guidelines Washington State Public Works Board Construction, Pre-Construction, and Emergency Construction Loans Application Guidelines June 10, 2019 Public Works Board PO Box 42525 Olympia, WA 98504-2525 www.pwb.wa.q ov (360) 725-3088 TABLE PUBLIC WORKS BOARD LOAN PROGRAMS................................................................................................3 How is the interest rate determined?..........................................................................................................4 AFFORDABILITY INDEX(Rate based systems– only) .................................................................................4 DEBT SERVICE COVERAGE RATIO (Non-rate based systems– only)........................................................5 Are there other types of hardship? .............................................................................................................5 THRESHOLDREQUIREMENTS.......................................................................................................................6 Capital Facilities Plan Standards(Counties and Cities Not Planning under GMA)......................................6 Compliance with the Governor's Executive Order 05-05.............................................................................6 GreenhouseGas Policy..............................................................................................................................6 Growth Management Act (GMA) Compliance–At time of application!.......................................................7 Growth Management Act (GMA) In Conformance–At time of contract!.....................................................7 RealEstate Excise Tax (REET)..................................................................................................................7 Special Purpose District Consistency with Local Comprehensive Land Use Plans.....................................7 Sanitary Sewer Projects—Side Service Sewer Connections......................................................................7 HOW TO APPLY FOR ALL PWB LOAN PROGRAMS.....................................................................................8 OnlineApplication Instructions ...................................................................................................................8 APPLICATION QUESTIONS AND INSTRUCTIONS ........................................................................................8 REGIONAL PROJECT MANAGERS MAP .......................................................................................................9 FY2018 Pre-Construction&Emergency Loan Application Guidelines PUBLIC WORKS BOARD • 1 PROGRAMS■ • ■ 1 The Public Works Board (PWB) is authorized by state acquisition, value planning, permits, cultural and statute (RCW 43.155),to loan money to counties, historic resources, and public notification. cities, and special purpose districts to repair, replace, Emergency Loan Application or create domestic water systems, sanitary sewer systems, storm sewer systems, roads, streets, solid There is an approximately$4.7 million set-aside for waste and recycling facilities, and bridges. Emergency Loan Applications. This is an "open cycle" Note: The maximum amount of funding that the board on a first come, first serve basis, until funds are may provide for any jurisdiction is$10M per biennium. exhausted. There is a maximum $1 million dollar This includes all three funding types (Construction, award per jurisdiction per biennium limit, with a loan Emergency and Pre-Construction) combined. term of 20 years or the life of the improvement whichever is less. The application cycle is open for all programs, starting June 10, 2019. They are due by midnight on July 12th. The Emergency Construction program focuses on the Rating and ranking starts on July 15, and awards go activities that repair, replace, and/or reconstruct a out in August, 2019. facility that will restore essential services. Construction Eligible projects are a public works project made There is approximately$68 million set aside for necessary by a natural disaster, or an immediate and Construction applications. Award is based on a emergent threat to the public health and safety due to competitive process. We will have open applications unforeseen or unavoidable circumstances. every six months starting in June 2019, until the Online Application Instructions appropriated funds are exhausted. There is a maximum $10 million dollar award per jurisdiction per All applications for Construction, Pre-Construction, biennium limit, with a loan term of 20 years, including and Emergency Loans will be submitted electronically 5 years for completion. The interest rate is determined through ZoomGrants. Paper copies will not be prior to each application cycle. accepted. Pre-Construction Click Apply for PWB Pre-Construction/ There is approximately $17 million set aside for Pre- Construction/ Emergency via ZoomGrants to reach Construction applications. Award is based on a the ZoomGrants website. If you have a ZoomGrants competitive process. We will have open applications account, log in and follow the instructions. If you are a every three months starting in June 2019, until the new user, complete the required information for a new appropriated funds are exhausted. There is a ZoomGrants account to create a profile. Please do maximum $1 million dollar award per jurisdiction per not use "The"as the first word in the agency name. biennium limit, with a loan term of 5 years, including 2 Once the agency profile has been created, select the years for completion. The interest rate is determined Public Works Board Loan you wish to apply for, check prior to each application cycle. the "apply" button, and start your proposal. Answers • Clients meeting the severe hardship criteria may are automatically saved. receive 20% loan forgiveness, when they have Construction and Pre-Construction Loan Applicants completed the loan's scope of work. must be submitted to the Board no later than midnight • Clients qualifying and accepting loan on Friday, July 12, 2019. forgiveness may have a 2-year loan repayment deferral. Emergency Loan Applications can be submitted • If 30% of the funding is secure for construction anytime, until funds are exhausted. of the project, clients may convert from a 5-year The following table describes the loan terms for the to a 20-year term prior to the first principal June10, 2019 cycle for all PWB Loan applications. repayment. For questions regarding loan terms or any other Pre-Construction activities include, but are not limited program clarifications, please contact your Project to, design engineering, bid-document preparation, Manager assigned to your county. Please refer to the environmental studies, right-of-way and land Regional area map on page 9. Page 3 FY2019 All PWB Loan Programs Application Guidelines June I 2019 All PW13 Loan Programs Construction applicants can request up to $10 million. Pre-Construction and Loan Limit: Emergency applicants can request up to $1,000,000 per jurisdiction per biennium. The total of all PWB programs combined cannot exceed $10 million per jurisdiction per biennium. Loan Rates /Terms Non-Financially Distressed Communities Term Rate <5 years or less 0.79% 5—20 years* 1 58% Financially Distressed Communities Rate Term Rate Based System Non-Rate Based System L _ Affordability Index: Debt Service Coverage Ratio: 0.63% <5 years or less Distressed: 2.1%to 3.5% 1.2% to 1.4% 1.27% 5 —20 years` 0.40% <5 years or less Severely Distressed: 3.6% or higher** 1.1% or less** 0.76% 5—20 years- Local Match Funding: NONE Loan Fee: NONE The loan term cannot exceed the life of the asset being financed. **Applicants with system affordability issues will be offered additional technical assistance regarding sustainable financial management options unique to their community's needs. How is the interest rate determined? During this loan cycle, interest rates are dictated by the Board's statute. Interest rates for non-hardship projects are based on the average daily market interest rate for tax-exempt municipal bonds. The average 11-Bond GO Index rates for the 30-60 day period prior to the application cycle sets the rate based on the length of loan term. Definition of Affordability Affordability Index (AI) is a measure of the consumer's financial ability to pay for utility services. Rates are deemed to be affordable if less than two (2) percent of the monthly household income. The Environmental Protection Agency's guidance on the affordability of investment in water and wastewater systems uses an average household rate of two (2) percent of the median household income (MHI). Ability to pay focuses not on whether consumers will pay for utility service, but on whether consumers can pay for utility service. The Board has a distinct criterion to determine Affordability Index: "New Average Utility Rate" x 12 (months) Median Household Income (MHI*) "New average utility rate"= Current average monthly utility rate per Equivalent Residential Unit(ERU); + Current and projected debt service expenses per ERU (only if the debt service is excluded from the current average monthly utility rate); + Projected additional annual operating, maintenance, and replacement expenses (OM & R). Page 4 FY2019 All PWB Loan Programs Application Guidelines *Definition of Median Household Income The Median Household Income (MHI) is the middle value in a list of numbers if the list contains an odd number of entries; or the average of the two middle values in a list of numbers containing an even number of entries. There are four methods the Board may use to determine the MHI of the jurisdiction or service area: 1) MHI of the applicant/or the project service area based on the US 2010 Census Data. Please visit: http://factfinder2.census.gov/faces/nav/'sf/pages/index.xhtml 2) MHI data through income surveys of the applicant, or the applicant's project service area (if the project area is outside the applicant's jurisdiction), conducted within the last 3 years by the Rural Community Assistance Corporation (RCAC), the Public Works Board, or third parties which meet the Board's Income Survey Guidelines. http://www.infrafunding.wa.ciov/downloads/2017IACC Income Survey Guidance.pdf 3) MHI data from the latest income survey conducted for other state agencies within the last 3 years, which meets the Board's Income Survey Guidelines. DEBT SERVICE COVERAGE RATIO (Non-rate based systems — only) Debt service coverage ratio (DSCR) is the applicant's amount of cash available to meet annual principal and interest payments on all debt: Net operating income/(principal repayments + interest payments) Net operating income is the difference between the Total Operating Revenue and the Total Operating Expenses: Total Operating Revenue—Total Operating Expenses= Net operating income. Both Al and DSCR are calculated at time of application. Are there other types of hardship? Yes. The Board has adopted a policy that allows for special consideration of: • Projects that are a direct result of a gubernatorial or presidential declared disaster, • Projects that are a secondary result a gubernatorial or presidential declared disaster, and • Applicants in gubernatorial or presidential declared disaster areas whose projects are in no way related to the disaster. These special considerations can be a lower interest rate, longer repayment period, deferral period, or another option to be determined. Page 5 FY2019 All PWB Loan Programs Application Guidelines 'THRESHOLD REQUIREMENTS The following are threshold requirements necessary to qualify for funding under the Construction, Pre-Construction and Emergency Loan programs. Failure to meet all threshold requirements will disqualify your application. Capital Facilities Plan Standards (Counties and Cities Not Planning under GMA) Jurisdictions not planning under the GMA (Growth Management Act) must have adopted a Capital Facilities Plan for all systems they own on or before the application deadline. The following standards are the minimum requirements for a Capital Facilities Plan (CFP) as established by the Board. a. Inventory major system components, show locations and capabilities, and assess the overall capital needs for the specific system(s) involved; b. Forecast future needs for the capital facilities, show location, and capabilities of expanded or new capital facilities; c. Identify, prioritize, and coordinate major capital improvement projects over a six-year period; d. Estimate capital project costs and identify financing alternatives for each project identified. Transportation projects and funding must be consistent with locally-established service standards; e. Must be updated on a regular basis. We recommend at least once every two (2)years. In no case will a plan over six (6)years old be accepted; f. Must be consistent with the comprehensive plans of neighboring jurisdictions; g. Must have provided opportunity for early and continuous public participation; and h. Must be consistent with, and an element of, the comprehensive plan formally adopted by the governing body of the local jurisdiction. For letter"f' above, the Board will give special interpretation to special purpose districts. Special purpose districts need to show consistency with the Comprehensive Land Use Plan of the counties and/or cities in which they provide services. Compliance with the Governor's Executive Order 05-05 Archaeological & Cultural Resources In order to protect the rich cultural heritage of Washington State, Governor Christine Gregoire signed Governor's Executive Order 05-05 (GEO 05-05). All projects awarded state capital funds must have consultation conducted with the Department of Archaeology & Historic Preservation (DAHP) and any federally recognized Indian tribes that may have cultural/historic interest or concerns in your project's vicinity. However, if your project, through federal involvement, will be subject to Section 106 of the National Historic Preservation Act, that approval may satisfy the GEO 05-05 process. Please remember that the GEO 05-05 process must be completed prior to the start of construction (including pre- construction loans). Process Administration • In ZoomGrants, attach the EZ1 form or prior-approved Section 106 documentation. • The PWB Program Director&Tribal Liaison will conduct the consultation with DAHP and the Tribes. Greenhouse Gas Policy RCW 70.235.070 requires the Board to consider, when awarding loan funds, whether the entity receiving funds has adopted policies to reduce greenhouse gas emissions (GHG) and whether the project proposed for funding is consistent with Washington's limits on GHGs, goals to reduce vehicle miles traveled, and applicable federal emissions reduction standards. Page 6 FY2019 All PWB Loan Programs Application Guidelines The Board identifies a Greenhouse Gas policy as a specific policy adopted by the applicant jurisdiction; whereby, the jurisdiction identifies the policies (broadly or narrowly) by which it will reduce consumption of energy including, but not limited to, the reduction of GHGs. Growth Management Act (GMA) Compliance — At time of application! Applicants planning under GMA must have adopted the Comprehensive Plan and Development Regulations prior to applying for PWB loans. Applicants need to be in GMA compliance with no findings before the Growth Management Hearings Board at the time of application submission to be eligible for funding. Compliance will be verified by Board staff. For questions, contact the Growth Management Services (GMS) unit within the Department of Commerce at (360) 725-3000. Growth Management Act (GMA) In Conformance — At time of contract! Applicants planning under GMA must have adopted the Comprehensive Plan and Development Regulations prior to contract execution. Applicants that are not in conformance because their periodic update is overdue, have five months to be in conformance. Otherwise, their award letter will be withdrawn. Conformance will be verified by Board staff. For questions, contact the Growth Management Services (GMS) unit within the Department of Commerce at (360) 725-3000. Real Estate Excise Tax (REET) For counties, cities, and towns, the applicant must impose the one-quarter of one-percent REET as allowed by RCW 82.46.010(2)at the time of application. To check your jurisdiction's status, go to https://dor.wa.gov/sites/default/files/legacy/Docs/forms/RealEstExcsTx/RealEstExTxRates.pdf Special Purpose District Consistency with Local Comprehensive Land Use Plans Capital Improvement Plans of special purpose districts must show consistency with the Comprehensive Land Use Plans of the local jurisdiction(s) in which they reside. Sanitary Sewer Projects—Side Service Sewer Connections Jurisdictions must adopt an ordinance or resolution declaring such repair and/or replacement that will enhance conservation or the efficiency of sanitary sewer systems. Also, the jurisdiction must have a mechanism in place to meet the charge back provisions of RCW 35.67.360. The ordinance or resolution must be in place prior to contract execution. The ordinance must be related specifically to the area affected by the project being applied for. A copy of the ordinance or resolution must accompany the loan contract. Page 7 FY2019 All PWB Loan Programs Application Guidelines HOW TO APPLY FOR ALL PWB LOAN 1 PROGRAMS not use "The"as the first word in the agency name. Online Application Instructions Once the agency profile has been created, select the Public Works Board Loan you wish to apply for, check All applications for all PWB Loan Programs will be the "apply" button and start your proposal. Answers submitted electronically through ZoomGrants. Paper are automatically saved. copies will not be accepted. Construction and Pre-Construction Loan Applicants Click Apply for PWB- Pre-Construction/ must be submitted to Public Works Board no later Construction/ Emergency via ZoomGrants to reach than midnight on Friday, July 12, 2019. the ZoomGrants website. If you have a ZoomGrants Emergency Loan Applications can be submitted account, log in and follow the instructions. If you are a anytime, until funds are exhausted. new user, complete the required information for a new ZoomGrants account to create a profile. Please do APPLICATIONQUESTIONS AND INSTRUCTIONS The application is divided into two main sections: Tier 1 PWB Application: • General Application Information • Threshold Requirements Tier 2 PWB Application: • Project Need, Readiness to Proceed, and Local Management Effort • Governor's Executive Order 05-05: Attach prior approved Section 106 or attach EZ-1 form The proposed Scoring points are divided into the following areas: • Project overall Need Score a maximum of 70 points o System Status— Maximum Score 40 points o Situation of Project—Maximum Score 20 points o Documentation of Situation—Maximum Score 10 points • Readiness to Proceed and Local Management Effort can score a maximum of 30 points A maximum of 100 points may be achieved for the entire application and the minimum score to meet funding threshold is 65 points. Who should I contact if I have a questions? Questions about the content of your application: Contact Connie Rivera, PWB Program Director, by emailing con nie.riveraCcDcommerce.wa.gov or 360-725-3088, or the Project Manager assigned to your county on page 9. ZoomGrants Technical questions, contact Tech Support Desk: QuestionsCaD-ZoomGrants.com (866) 323-5404 ext. 2 Page 8 FY2019 All PWB Loan Programs Application Guidelines :REG 1-0-NAL-PROJECT MANAGERS MAP Your Regional Project Manager is your primary contact for all matters dealing with the Board's loan services, including project development, outlining options for funding, explaining the loan terms, etc. We welcome the opportunity to work with you to forge new partnerships with other public services, and can help you integrate with other state and federal programs. r� Public Works Board—Program Staff Revised 05101/2019 0 WASHINGTON STAT[ San Juan Public Works Board r� Whatcom m/ucwamn h fvnd�nwnol !���,,1' 7"V�`�'de Pend v Ska It Okanogan 9 Ferry Oreik Island Stevens Clallam e Snohomish Jefferson Chelan Douglas /t King Lincoln Spokane Grays lesan U Harbor Grant Pierce Kittitas Thurston Adams Wh[man Pacific Levels -- Yakima Frankkn Garfie m Cov.irtz Benton Columbia Skamanla Walla Walla Asotln KAckdal 4 Clark Arlene Escobar Jason Freeze Kari Sample Project Manager Project Manager Project Manager (360)725-3015 (360)725-3161 (360)725-3089 Arlene.Escobar@commerce.wa.gov Jason.Freez e(aa commerce.wa.goy Kari.Sample@commerce.wa.Rov Connie Rivera Cindy Chavez Program Director and Tribal Liaison Loan Payment/Amortization Schedule (360)725-3088 (360)725-3154 Connie.Rivera@commerce.wa.gov Cindy.Chavez@ commerce.wa.Rov Page 9 FY2019 All PWB Loan Programs Application Guidelines 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: 07/02/2019 Agenda Item # Commissioner staff to co tete BRIEFING DATE: 06/17/2019 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to enter into contract with Mason General Hospital to provide hepatitis B vaccinations, respirator FIT medical reviews, testing and associated supplies. The three series hepatitis B shot cost is $435 per employee and $21 per employee for the Respirator FIT Testing and supplies. Background: Labor and Industry — OSHA requires Mason County to provide hepatitis B vaccinations, respirator FIT medical reviews and annual testing, blood borne testing and documentation. The contract with Mason General Hospital covers requirements that cannot be done by county staff. Employees needing this are; Deputies, Corrections Deputies, Detention Officers, Utilities &Waste —Landfill Attendants & CS&W Operators, Facilities & Parks, and Environmental Health — Septic Tank Inspectors. Special Funds will be billed for their employees. RECOMMENDED ACTION: Approval to enter into a contract with Mason General for hepatitis B vaccines and respirator FIT medical reviews, testing and supplies and authorize the Chair to sign the contract. Attachment: Mason General Hospital Contract MASON COUNTY and MASON GENERAL HOSPITAL and FAMILY OF CLINICS PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason General Hospital and Family of Clinics, referred to as "CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Hepatitis B vaccinations and Respiratory Fit medical reviews for County employees; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: SPECIAL CONDITIONS Safeguarding Personal Information: 1. Personal information collected, used or acquired in connection with this CONTRACT shall be used solely for the purposes of this CONTRACT. The CONTRACTOR agrees not to release, divulge, publish, transfer, sell or otherwise make known personal information without the express written consent of COUNTY or as provided by law. 2. CONTRACTOR agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information maintained by CONTRACTOR. The COUNTY reserves the right to monitor, audit or investigate the use of personal information collected, used or acquired by the CONTRACTOR through this CONTRACT to the extent required by law, the CONTRACTOR shall certify the return or destruction of all personal information upon expiration of this CONTRACT. 3. Any breach of this condition may result in termination of the CONTRACT pursuant to "Termination for Default" as set forth below and the demand for return of all records in connection with this CONTRACT. The CONTRACTOR agrees to indemnify and hold the COUNTY harmless for any damages related to the CONTRACTOR'S unauthorized use or disclosure of personal information. 4. The provisions of this Section shall be included in any of CONTRACTOR'S subcontract(s) relating to the services provide under this CONTRACT. 5. "Personal Information" shall mean non-publicly available information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, 1 addresses, telephone numbers, social security numbers, driver's license numbers, other identifying numbers, and any financial identifiers. Personal Information includes"Protected Health Information" as set forth in 45 CFR §160.103 as currently drafted and subsequently amended or revised and other information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW, 42 USC §§1320 et seq., 42 CFR Part 2, Chapters 70.02, 70.24. 70.96A and 71.05 RCW or other state and federal statutes and regulations governing confidentiality or disclosure. GENERAL CONDITIONS Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start on the date of last signature and will end December 31, 2020 Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than four years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer- employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, 2 attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and 3 in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis- Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital 4 status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY, as required by law or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any public records request orjudicial proceeding seeking disclosure of such information. CONTRACTOR agrees that upon receiving any request pursuant to the Public Records Act for public access to or disclosure of any confidential information as defined by this agreement of COUNTY's in CONTRACTOR's possession or control, CONTRACTOR will notify COUNTY of such request and provide at least 5 days written notice of such request prior to public disclosure of the documents. CONTRACT may take such efforts to assert or exercise any rights available to COUNTY under the Act to prevent or limit such public disclosure or access at COUNTY's sole and exclusive expense. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance 5 notice is given to CONTRACTOR,then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting 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 CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the negligence of the COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way 6 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 the COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Human Resources Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Dawn Twiddy, Human Resources Manager Mason County Human Resources 411 N 5th Street Shelton, WA 98584 Phone: 360-427-9670 x422 E-mail: dawnt@co.mason.wa.us CONTRACTOR's Primary Contact's Information: Primary Billing Contact: Tina Pearson Director, Business Office Mason General Hospital & Family of Clinics 901 Mountain View Drive PO BOX 1668 Shelton, WA 98584 7 Phone: 360-427-9573 Fax: 360-427-9597 Email: tpearson(a)masongeneral.com Primary Operations Contact: Mark Batty Chief Operations Officer Same Address Phone: 360-427-9560 Fax: 360-427-1921 Email: mbatty@masongeneral.com Primary Contract Signer: Rick Smith Chief Financial Officer Same Address Phone: 360-432-3260 Fax: 360-427-1921 Email: rsmith@masongeneral.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: 8 COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion,that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy 9 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 orjudgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Exhibit C Insurance Requirements C. Special Conditions D. General Condition E. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 10 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Mason General & Family of Clinics BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Rick Smith, Chief Financial Officer Kevin Shutty, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 11 EXHIBIT A SCOPE OF SERVICES CONTRACTOR will provide the following occupational health medical services to COUNTY Employees: 1. Hepatitis B Series Vaccination as required by WAC 296-823-13005. 2. A copy of the employee's hepatitis B vaccination status, including the dates of all the hepatitis B vaccinations shall be sent to Mason County Human Resources in a confidential marked envelope to be put in the employee's medical file, as required by WAC 296-823-17005. 3. Confidential mail should be clearly marked and mailed to: Mason County Human Resources 411 N 5th Street Shelton, WA 98584 4. Employee Respirator Fit Medical Review including written recommendation to employer and employee in accordance with WAC 296-842-14005. 5. Employee Respirator Fit Testing and provide appropriate testing supplies in accordance with WAC 296-842-15005. COUNTY'S Human Resources will provide employees with the Hepatitis B Vaccination Consent/Declination Form as well as the Medical Screening Form for Respirators prior to employees arriving at Mason General Hospital to receive their vaccination and/or Respirator Fit Test. COUNTY'S Human Resources will provide CONTRACTOR with the names of the employees that need a Hepatitis B Series Vaccination, an Employee Respirator Fit Medical Review and or Fit Testing. No other COUNTY Department may schedule or obtain copies of employee's records on behalf of COUNTY'S Human Resources. Should there be a staff change in COUNTY'S Human Resources, COUNTY will promptly notify CONTRACTOR. The current Staff is: Mason County Support Services Human Resources Frank Pinter, Support Services Director 360-427-9670 x530 fpinter@co.mason.wa.us Dawn Twiddy, HR Manager 360-427-9670 x422 dawnt@co.mason.wa.us Nichole Wilston, Risk & Safety Compliance Manager 360-427-9670 x643 nwilston@co.mason.wa.us Meghan Andrews, Personnel Analyst 360-427-9670 x290 me hang co.mason.wa.us 12 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated for actual services rendered. CPT 90746 Hepatitis B Vaccination (each dose) $105.00 CPT 90471 Immunization Administration (per injection) $ 39.90 CPT 94799 Respirator Fit Testing —Administration & Review $ 17.00 Fit Testing Supplies $ 4.00 B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; a list of employees with CPT code or description and any associated supply charge for each amount being billed per employee; invoice total; and any additional applicable information. 2. Submit via e-mail or hard copy as preferred to: Mason County Human Resources Dawn Twiddy, Human Resources Manager 411 N 5th Street Shelton, WA 98584 Phone: 360-427-8422 Fax: 360-427-8439 Email: dawnt(c�co.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 13 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. 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. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 14 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 15 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A--.VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 16 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Frazier Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 519 COMMISSION MEETING DATE: 7/2/2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 6/24/2019 BRIEFING PRESENTED BY: Kelly Frazier [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Lease for Mason County Sheriff's Substation located in the Belfair Landing Complex. Background: The County had a lease agreement with RWJJ, Inc. for the Mason County Sheriff's Substation located in the Belfair Landing Complex, which will expire 8/31/2019. Staff has negotiated a three-year lease with RWJJ, Inc. to start 9/1/2019 and to end 8/31/2022. The representative for RWJJ, Inc. is John Byerly. Since 2012, when Sheriff Salisbury signed a lease agreement for 100% of the building space, the monthly rent has not changed from the $3434.50 monthly rent, which included $2458.50 for the base monthly rent and $976.00 per month for expenses to the landlord, as defined in 4.3 of the lease agreement. BUDGET IMPACTS: The new lease sets the base monthly rent at $2600.00, plus $976.00 per month for expenses to the landlord, as defined in 4.3 of the lease agreement, totaling $3576.00 from 9/1/2019 thru 8/31/2020. The base monthly rent will increase by 4% each year thereafter. From 9/1/2020 thru 8/31/2021 the rent will increase to $3680.00, which is to include the unchanged $976.00 for landlord expenses, and from 9/1/2021 thru 8/31/2022, the rent will increase to $3788.16 monthly, also including the monthly $976.00 for landlord expenses. RECOMMENDED ACTION: Have the chair sign the lease agreement. Attachment: -Lease Agreement -Correspondence from RWJJ, Inc. about some Belfair Landing history and rental comparisons. RWJJ,INC. JUNE 13, 2019 C/O John Byerly PO Box 133 Belfair, WA. 98528 (360)275-6234 TO: Mason County Facilities Depart. C/O Kelly Frazier Manager 411 N. 5" Street Shelton, WA. 98584 (360)427-9670 ext 519 Re: Some Belfair Landing history and rent comparison's with the North Precinct Sheriff Office: Mr. Frazier, This letter,hopefully will provide you and anyone interested in some history and building rent comparison's @ the Belfair Land Complex location. 2010 Mr. Pat Utley, who represented the Sheriff's Office, contacted John Byerly, inquiring if we would be willing to provide free building space for a Sheriff's North Precinct Office. I informed Mr. Utley, we were presently providing free basic rent for the Children's Outreach in another building,and could not provide additional free building rent, but would be willing to discuss and work with the Sheriff's Office for building space. After many discussions with Sheriff Salisbury,we agreed to and signed a discounted rent lease agreement for 50%of their present building. Sheriff Salisbury asked if we would be willing to hold the remaining half of building without receiving any additional rent, until funding was available. We agreed. 2012 Sheriff Salisbury signed a lease agreement for 100%of building for the present monthly rent of $ 3,434.50,which has not changed since 2012. Sheriff North Precinct building(B) has 2,880 sq. ft. with base rent @ $ 2,458.50,which is .85 per sq. ft. This building is configured as office space,with a kitchen-net. Building(B) office space configuration required an additional improvement owners expense of approximately $ 50,000.00 to install. Office space area normally commands extra monthly rent to off-set the additional owners improvement expenses. CONTINUED BELFAIR LANDING RENT HISTORY JUNE 13, 2019 PAGE 2 Belfair Landing building (A-1) is also configured as office space with a kitchen-net. (A-1) Building has 1,352 sq. ft. with base rent @ $ 1,676.48, _ $ 1.24 per sq. ft. Non-office space Belfair Landing open building(C), has 2,880 sq. ft. with base rent @ $ 2,546.26, _ $ .88 per sq. ft. Non-office space Belfair Landing open building (A-2) has 1,352 sq. ft. with base rent @ $ 1,290.00, _ $ .95 per sq. ft. As you can see and compare, the Byerly's have provided and maintained exceptional rent conditions for Mason County's North Precinct Sheriff's Office location. I feel the present proposed (36) month lease agreement extension continues to provide favorable exceptional rent conditions for Mason County, and is a win, win for all concerned parties. We are willing to discuss a longer term lease agreement, or any other issues of concern Mason County Facilities may have. Thank you for your attention to this matter. Any questions, please contact me. Sincerely, John By ly �s � X Y d f t .... sFIRM i ml ANY y y� u r v S � h NEW! a s y 't�k .r X3 i s x; tv s s r 7' Uz 10% Maw �,��� _. w,. nOIL :). N t RWJJ, INC. JUNE 06, 2019 C/O JOHN BYERLY PO BOX 133 BELFAIR, WA. 98528 (360)275-6230 TO: MASON COUNTY FACILITIES DEPART. C/O KELLY FRAZIER FACILITIES MANAGER (360)427-9670 EX. 519 SHELTON, WA. 98584 Re: Re-new Mason County Facilities Lease Agreement extension with RWJJ, INC. for Sheriff's North Precinct office @ Belfair Landing Commercial Complex, NE 23293 Belfair, WA. Mr. Frazier, Per our June 03, 2019 phone conversation, please find enclosed, for your review the discussed revised lease agreement extension. If acceptable, please initial and sign where indicated, return document for my signature, after which, I will return a copy for your records. Thank you for your attention and cooperation to this matter. Any questions, please call me. Sincerely, Joh",Byerly RWJJ, INC. r%EwEI Y ED JUN 0 7 2019 M "W WUNW BELFAIR LANDING COMMERCIAL COMPLEX LEASE: LANDLORD: R.W.J.J., INC. TENANT MASON COUNTY FACILITIES (SHERIFF'S NORTH PRECINCT) NE 23293 ST. HWY. 3 BUILDING (B) SUITES (B-1) & (B-2) BELFAIR, WA. 98528 CITY OF BELFAIR MASON COUNTY, WA. 06/06/2019 Please Initial page 1 of 21 Landlord Tenant TRANSCRIBED 06/06/2019 R W J J INC BELFAIR LANDING COMMERCIAL COMPLEX BUSINESS (NNN) LEASE AGREEMENT: 1.1 BASIC LEASE TERMS: A. DATE OF LEASE EXECUTION: SEPTEMBER 01, 2019 B. TENANT: MASON COUNTY FACILITIES DEPARTMENT: ADDRESS of LEASED PREMISES BELFAIR LANDING COMMERCIAL COMPLEX BUILDING (B) NE 23293 STATE ROUTE HWY. 3 BELFAIR, WA. 98528 TENANT ADDRESS FOR NOTICE: MASON COUNTY FACILITIES DEPARTMENT C/O KELLY FRAZIER FACILITIES MANAGER C/O FRANK PINTER BUDGET MANAGER 411 N. 5T" STREET SHELTON, WA. 98584 (360)427-9670 ext. 519 &424 C. LANDLORD ADDRESS FOR NOTICE: R.W.J.J., INC. C/O JOHN BYERLY (360)275-6230 (360)275-6888 PO BOX 3 2582 BELFAIR, WA. 98528 ADDRESS FOR PAYMENT: OLYMPIA FEDERAL SAVINGS 24081 NE STATE ROUTE HWY. 3 PO BOX#337 BELFAIR, WA. 98528 (360)275-6001 D. TENANT'S USE OF PREMISES: CONDUCT MASON COUNTY SHERIFF RELATED BUSINESS. E. PREMISES BUILDING AREA: APPROXIMATELY 2,880 SQUARE FEET. F. COMPLEX BUILDING AREA: APPROXIMATELY 8,464 SQUARE FEET. G. AGREED UPON PREMISES PERCENT OF COMPLEX: APPROXIMATELY 34% H. TERMS OF LEASE AGREEMENT: (36) MONTHS COMMENCEMENT DATE: SEPTEMBER 01, 2019 EXPIRATION/TERMINATION DATE: AUGUST 31, 2022 H.I. NEW LEASE EXTENSIONS: TO BE NEGOTIATED BEFORE AUGUST 31,2022 1. BASE MONTHLY RENT: $ 2,600.00 J. ANNUAL RENT ADJUSTMENT: SEE SEC. J-1. (PAGE 2-A) 4%Annually increase of Base Rent: K. ANNUAL/MONTHLY(NNN) EXPENSES CURRENT MONTHLY(NNN) EXPENSES = $ 976.00 NOTE: See Section 4.3 for method of computing (NNN) expenses. The number set forth above for annual expenses is only an estimate. The actual expense shall be determined pursuant to Section 4.3 below. L. PREPAID RENT: NONE: M. TOTAL SECURITY/DAMAGE/MISC. DEPOSIT PAID: $ 1,000.00 N. AMOUNT DUE AT LEASE EXECUTION, SEPTEMBER 01, 2019 MONTHLY RENT: $ 3,576.00 06/06/2019 Please Initial Page 2 of 21 ___-- LANDLORD TENANT TRANSCRIBED 06/06/2019 BUILDING (B) NE 23293 BELFAIR LANDING COMPLEX CONTINUED LEASE AGREEMENT: J.1 ANNUAL 4% RENT ADJUSTMENT, MONTHLY RENT AS FOLLOWS: 09-01-2019 THRU 08-31-2020 BASE MONTHLY RENT SHALL BE $ 2,600.00 + (NNN) of $976.00 = Total of $3,576.00 09-01-2020 THRU 08-31-2021 BASE MONTHLY RENT SHALL BE_ $2,704.00 + (NNN)of $976.00 =Total of $3,68C.30 09-01-2021 THRU 08-31-2022 BASE MONTHLY RENT SHALL BE $ 2,812.16 + (NNN) of $976.00 = Total of $ 3,788.16 06/06/2019 PAGE (2-A) OF 21 Please Initial Landlord Tenant REVISED 06/0612019 JHB 2.1 PREMISES. Landlord leases to Tenant the premises described in Section 1.1 and in Exhibit A (the"Premises"), located in the project described on Exhibit B (the 'Project'). Landlord shall modify Tenant's percentage of the Project as set forth in Section 1.1 if the Project size is increased or decreased, as the case may be, through the development of additional property or the deletion of a portion of the Project Landlord shall give Tenant five(5)days notice prior to the date that the Premises are ready for occupancy. Within five (5)days after Tenant receives Landlord's notice that the Premises are ready for occupancy, Landlord and Tenant shall inspect the Premises and prepare a "punchlist" of items to be completed. The existence of"punchlist' items shall not postpone the commencement date of this Lease Agreement. By taking occupancy of the Premises,Tenant acknowledges that it has examined the Premises and accepts the Premises in their then present condition,subject only to any work which Landlord has agreed to perform as set forth on the"punchlist (1) Landlord shall deliver the Premises to Tenant clean and free of debris on the commencement date and Landlord warrants to Tenant that the Premises shall be in good operating condition on the commencement date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of Landlord, after receipt of written notice from Tenant setting forth with specificity the nature of the violation, to promptly, at Landlord's sole cost, rectify such violation. Tenant's failure to give such written notice to Landlord within thirty(30)days after the commencement date shall be deemed that Landlord has complied with all of Landlord's obligations hereunder. (2) Landlord warrants to Tenant that the Premises, in the state existing on the date that the term commences, but without regard to the ase for which Tenant will occupy the Premises, does not violate any covenants or restrictions of record, or any applicable Laws (as hereinafter defined) in effect on the commencement date. In the event it is determined that this warranty has been violated, then it shall be the obligation of the Landlord, after written notice from Tenant, to promptly, at Landlord's sole cost and expense, rectify any such violation. In the event Tenant does not give to Landlord written notice of the violation of this warranty within thirty(30)days from the date the term commences,the correction of same shall be the obligation of the Tenant at Tenant's sole cost. (3) Lock changes shall be the responsibility of the Tenant. 3.1 TERM The term of this Lease is for the period set forth in Section 1.1, commencing on the date in Section 1.1. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant upon the scheduled commencement date set forth in Section 1.1,this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting from such delay. In that event, however, Landlord shall deliver possession of the Premises as soon as practicable and the commencement date shall be the date of such delivery with the term of the Lease remaining unchanged, and all other terms and conditions of this Lease remaining in full force and effect. However, if Landlord is delayed in delivering possession to Tenant for any reason attributable to Tenant, this Lease (including the obligation to pay all rents) shall commence on the scheduled commencement date set forth in Section 1.1 above. If Landlord, for any reason not attributable to Tenant, is unable to deliver possession of the Premises within ninety(90)days following the scheduled commencement date, either party may terminate this Lease by written notice given within ten(10)days following expiration of such period 4.1 RENT Base Monthly Rent. Tenant shall pay to Landlord base monthly rent in the initial amount in Section 1.1 which shall be payable monthly in advance on the first day of each and every calendar month ("Base Monthly Rent"), provided, however, the Base Monthly Rent for the first month of the term shall be due and payable upon execution of this lease. All charges and sums due from Tenant to Landlord hereunder shall be deemed rent. 4,2 RENT ADJUSTMENT If Section 1.1j is applicable, Base Monthly Rent shall be increased periodically to the amounts and at the times set forth in Section 1.1j. 4.3 EXPENSES The purpose of this Section is to ensure that Tenant bears a share of all Expenses reasonably related to the use, maintenance, ownership, repair or replacement, and insurance of the Project Accordingly, beginning on the commencement date. Tenant shall commence the payment of Expenses. (1) Expenses Defined. The term "Expenses" shall mean all costs and expenses reasonably incurred by Landlord with respect to the ownership, operation, maintenance, repair or replacement, and insurance of the Project, including without limitation,the following costs a. All supplies,materials, labor,equipment, and utilities used in or related to the operation and maintenance of the Project. b. All management,janitorial, legal, accounting,insurance, and service agreement costs related to the Project-, c. All maintenance, replacement and repair costs relating to the common areas within or around the Project, including, without limitation, sidewalks, landscaping, service areas, driveways, parking areas (including resurfacing and restriping parking areas), walkways, building exteriors (including painting), signs and directories, repairing and replacing roofs, walls and other structural elements of the Premises, the Building and the Project. d. Amortization (along with reasonable financing charges) of capital improvements over the useful life of such capital improvements made to the Project which may be required by any government authority or which will improve the operating efficiency of the Project (provided, however, that the amount of such amortization for improvements not mandated by government authority shall not exceed in any year the amount of costs reasonably determined by Landlord in its reasonable discretion to have been saved by the expenditure either through the reduction, or minimization of increases, of costs which would have otherwise occurred). e. All Real Property Taxes, which shall mean and include all taxes. assessments (general and special) and other impositions or charges which may be taxed, charged, levied, assessed or imposed upon all or any portion of or in relation to the Project or any portion thereof, any leasehold estate in the Premises or measured by rent from the Premises, including any increase caused by the transfer, sale or encumbrance of the Project or any portion thereof. "Real Property Taxes" shall also include any form of 3195 Please Initial Page 3 of 21 Landlord Tenant assessment, levy. penalty, charge or tax (other than estate. inheritancenet income or franchise taxes) imposed by any authority having a direct or indirect power to tax or charge, including,without limitation, any city. county. state,federal or any improvement or other district,whether such tax is (1)determined by the area of the Project or the rent or other sums payable under this Lease: (2) upon or with respect to any legal or equitable interest of Landlord in the Project or any part thereof: (3) upon this transaction or any document to which Tenant is a party creating a transfer in any interest in the Project: (4) in lieu of or as a direct substitute in whole or in part of or in addition to any real property taxes on the Project;(5)based on any parking spaces or parking facilities provided in the Project:or(6) in consideration for services such as police protection fire protection. street, sidewalk and roadway maintenance. refuse removal or other services that may be provided by any governmental or quasi-governmental agency from time to time which were formerly provided without charge or with less charge to property owners or occupants 'Real Property Taxes' shall also include all assessments under recorded covenants or master plans and/or by owner's associations (2) Annual Estimate of Expenses. On the commencement date. Landlord shall estimate Tenant's portion of Expenses for the remainder of the calendar year based on the Tenant's portion of the Project Area set forth in Section 1 1 At the commencement of each calendar year thereafter, Landlord shall estimate Tenant's portion of Expenses for the coming year based on the Tenant's portion of the Project Area set forth in Section 1 1 (3) Monthly Payment of Expenses. If Tenant's portion of said estimate of Expenses shows ar, increase for the remainder of the first calendar year over the Annual Expense Base, if any. as set forth in Section 1 1 Tenant shall pay to Landlord as additional rent, such estimated increase in monthly installments of one-twelfth (1/12) beginning on the date Tenant takes possession of the Premises. If Tenant's portion of said estimate of Expenses shows an increase for subsequent calendar years over the Annual Expense Base, if any. as set forth in Section 1 1.Tenant shall pay to Landlord, as additional rent,such estimated increase in monthly installments of one-twelfth (1112) beginning on January 1 of the forthcoming calendar year, and one-twelfth (1112) on the first day of each succeeding calendar month. As soon as practical following each calendar year. Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's share of Expenses If the additional rent paid by Tenant under this Section during the preceding calendar year was less than the actual amount of Tenant's share of Expenses. Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Tenant's receipt of this nonce. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due: failure to so notify Landlord shall represent final determination of Tenants share of expenses If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to all present rent due under this Section or if this Lease has terminated. said amount shall be paid directly to Tenant (4) Rent Without Offset and Late Charge. All rent shall be paid by Tenant to Landlord monthly in advance on the first day of every calendar month,at the address shown in Section 1 1,or such other place as Landlord may designate in writing from time to time All rent shall be paid without prior demand or notice and without any deduction or offset whatsoever All rent shall be paid in lawful currency of the United States of America. All rent due for any partial month shall be prorated at the rate of 1/30th of the total monthly rent per day. Tenant acknowledges that late payment by Tenant to Landlord of any rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease. the exact amount of such costs being extremely difficult and impracticable to ascertain Such costs include,without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance or note secured by the Premises. Therefore. if any rent or other sum due from Tenants not received when due. Tenant shall pay to Landlord an additional sum equal to 5%of such overdue payment Landlord and Tenant hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment and that the late charge is in addition to any and all remedies available to the Landlord and that the assessment and/or collection of the late charge shWI riot-be deemed a waiver of any default Additionally,all such delinquent rent or other sums. plus this late charge,shall bear interest at the prime rate Key Bank of Washfngton, plus 2%, on a fully floating bass(herein the'Default Rate'), from the date first due until the date paid in full. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of $25.00. and thereafter.Landlord may require Tenant to pay all future payments of rent or other sums due by money order or cashiers check 5.1 PREPAID RENT Upon the execution of this Lease. Tenant shall pay to Landlord the prepaid rent set forth in Section 1 1 and if Tenant is not in default of any provisions of this Lease,such prepaid rent shall be applied toward the Base Monthly Rent due for the first month of the term(or the first month following any Base Monthly Rent abatement period. if applicable) Upon a default by Tenant prior to such application. Landlord shall have the right, without waiver of the default or prejudice t6 other remedies. to use the prepaid rent or any of it to cure the default or to compensate Landlord for all or any damages resulting from the default. Landlord's obligations with respect to the prepaid rent are those of a debtor and not of a trustee,and Landlord can commingle the prepaid rent with Landlord's general funds Landlord shall not be required to pay Tenant interest on the prepaid rent. Landlord shall be entitled to immediately endorse and cash Tenant's prepaid rent, however, such endorsement and cashing shall not constitute Landlord's acceptance of this Lease in the event Landlord does riot accept this Lease. Landlord shall return said prepaid rent. 6.1 DEPOSIT Upon execution of this Lease, Tenant shall deposit the security deposit set forth in Section 1 1 with Landlord as security for the performance by Tenant of the provisions of this Lease. Upon default by Tenant. Landlord shall have the right, without waiver of the default or prejudice to other remedies,to use the security deposit or any portion of it to cure the default or to compensate Landlord for any damages resulting from Tenant's default. Upon demand, Tenant shall immediately pay to Landlord a sum equal to the porton of the security deposit expended or applied by Landlord to maintain the security deposit in the amount initially deposited with Landlord In no event will Tenant have the right to apply any part of the security deposit to any rent or other sums due under th s Lease if Tenan;is not in default at the expiration or termination of this Lease, Landlord shall return the enure security deposit to Tenant Landlords obligations mtn respect to the deposit are those of a debtor and not of a trustee, and Landlord can commingle the security deposit with Landlords general funds. Landlord shall not be required to pay Tenant interest on the deposit. Landlord shall be entitled to immediately endorse and cash Tenant's security deposit: however, such endorsement and cashing shall not constitute Landlord's acceptance of this Lease In the event Landlord does not accept this"Lease Landlord shall return said security deposit. If Landlord sells its interest in the Premises during the tprm.Aereof and deposits with or credits to Please Initial 3/95 Page 4 of 21 Landlord Tenant the purchaser the unapplied portion of the security deposit, thereupon Landlord shall be discharged from any further liability or responsibility with respect to the security deposit. If Tenant is under default under this Lease more than two (2) times in any twelve month period. irrespective of whether or not such default is cured, then, without limiting Landlord's other rights and remedies provided for in this Lease or at law or in equity, the Security Deposit shall automatically be increased by an amount equal to three (3) times the original security deposit, which shall be paid by Tenant to Landlord forthwith on demand. 7.1 USE OF PREMISES AND PROJECT FACILITIES Tenant shall use the Premises solely for the purposes set forth in Section 1.1 and for no other purpose without obtaining the prior written consent of Landlord. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or with respect to the suitability of the Premises or the Project for the conduct of Tenant's business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises or the Project, except as provided in writing in this Lease. Tenant acknowledges that Landlord may from time to time, at its sole discretion, make such modifications, alterations, deletions or improvements to the Project as Landlord may deem necessary or desirable,without compensation or notice to Tenant. Tenant shall promptly and at all times comply with all federal, state and local statutes, laws, ordinances, orders and regulations affecting the Premises and the Project (herein "Laws"), as well as all master plans, restrictive covenants, and also any rules and regulations that Landlord may adopt from time to time. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything in the Premises that will in any way increase the premiums paid by Landlord on its insurance related to the Project or which will in any way increase the premiums for fire or casualty insurance carried by other tenants in the Project. Tenant will not perform any act or carry on any practices that may injure the Premises or the Project; that may be a nuisance or menace to other tenants in the Project; or that shall in any way interfere with the quiet enjoyment of such other tenants. Tenant shall not use the Premises for sleeping, washing clothes, cooking or the preparation, manufacture or mixing of anything that might emit any objectionable odor, noises,vibrations or lights onto such other tenants. If sound insulation is required to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall provide all necessary insulation. Tenant shall not do anything on the Premises which will overload any existing parking or service to the Premises Pets and/or animals of any type shall not be kept on the Premises. Except for fenced yard areas, outdoor storage is prohibited. 8.1 SIGNAGE All signage shall comply with rules and regulations set forth by Landlord as may be modified from time to time. Current rules and regulations relating to signs are described on Exhibit C. Tenant shall place no window covering g c. shades, blinds, curtains,drapes, screens, or tinting materials),stickers,signs, lettering, banners or advertising or display material on or near exterior windows or doors if such materials are visible from the exterior of the Premises, without Landlord's prior written consent. Similarly, Tenant may not install any alarm boxes, foil protection tape or other security equipment on the Premises without Landlord's prior written consent. Any material violating this provision may be destroyed by Landlord without compensation to Tenant. Tenant at its sole expense shall be responsible for the cost to remove signage and repaint the entire panel upon which it was affixed. 9.1 PERSONAL PROPERTY TAXES Tenant shall pay before delinquency all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operations as well as upon all trade fixtures, leasehold improvements,merchandise and other personal property in or about the Premises. 10.1 PARKING Landlord grants to Tenant and Tenant's customers, suppliers, employees and invitees, a nonexclusive license to use the designated parking areas in the Project for the use of motor vehicles during the term of this Lease. Landlord reserves the right at any time to grant similar nonexclusive use to other tenants,to make rules and regulations relating to the use of such parking areas, including reasonable restrictions on parking by tenants and employees, to designate specific spaces for the use of any tenant and to make changes in the parking layout from time to time. Belfair Landing Commercial Complex parking rules license Tenant to park on the property at,Your sole risk. RWJI,INC Or any of its agents do not guard,assume care,custody or control of your vehicle or its contents and is not responsible for fire,theft,damage or loss. Only a license to park is granted hereby and no bailment is created. Vehicles left for extended periods may be impounded at the owner's expense. No RWJI,INC.Employee may modify or waive the terms of the parking rules. By your use of the Belfair Landing Commercial Complex parking areas,you agree to all foregoing terms. 11.1 UTILITIES Tenant shall pay for all water, gas, heat, light, power, sewer, electricity, telephone or other service metered, chargeable or provided to the Premises. Landlord reserves the right(i)to install separate meters for any such utility and to charge Tenant for the cost of such installation,or (ii)to pay the costs of such utilities and to treat the same as an "Expense" (subject to a right of Landlord to elect to require Tenant to pay its actual portion of such Expense in lieu of its percentaqe share). NOTE: The following are paid as part of the (NNN)monthly expenses. Water, Sewer. 12.1 MAINTENANCE Landlord shall maintain, in good condition, the structural parts of the Premises, which shall include only the foundations, bearing and exterior walls (excluding glass), subflooring and roof (excluding skylights), the unexposed electrical, plumbing and sewerage systems, including without limitation, those portions of the systems lying outside the Premises, exterior doors (excluding glass), window frames, gutters and downspouts on the Building; provided, however, the cost of all such maintenance shall be considered"Expenses'for purposes of Section 4.3. Except as provided above. Tenant shall maintain the Premises in good condition, including, without limitation, maintaining and repairing all walls,floors, ceilings, interior doors, exterior and interior windows and fixtures as well as damage caused by Tenant, its agents,employees or invitees. Upon expiration or termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as existed at the commencement of the term, except for reasonable wear and tear or damage caused by fire or other casualty for which Landlord has received all funds necessary for restoration of the Premises from insurance proceeds Nothing herein shall excuse Tenant from financial responsibility for property damage caused by Tenant or Tenant's agents. 3/95 Please Initial Page 5 of 21 Tenant shall maintain in the same condition as existed on the Commencement Date, at its sole expense, the heating, ventilating and air conditioning system for its portion of the premises. Tenant shall submit to Landlord a copy of the HVAC maintenance agreement for roof-top units within thirty (30) days of commencement date. Tenant agrees to use a HVAC contractor that is signatory to all applicable collective bargaining agreements. Tenant shall be responsible for the cost to replace a unit which has not been maintained pursuant to the foregoing terms. 13.1 ALTERATIONS (1) Tenant shall not make any alterations to the Premises that can be seen from the exterior of the Premises,to any utility system within the Premises or to any structural element of the Premises without Landlord's prior written consent in each instance. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease,except that Landlord may,within 30 days before or 30 days after the expiration or termination of this Lease or the termination of Tenant's right of possession, elect to require Tenant to remove any alterations, including data/phone cabling, which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given,whichever is later. (2) Any request for Landlord's consent to alterations shall be made at least thirty(30)days before any work may be commenced and shall be accompanied by(i)detailed and costed plans and specifications for all alterations, and (ii) Tenant's written agreement to provide, upon completion of work, a complete set of as-built plans and specifications. Landlord may withhold consent, in its reasonable discretion and may issue such consent subject to conditions. All alterations shall be constructed only after obtaining Landlord's prior written consent and only in conformity with all Laws. The issuance of Landlord's consent shall not be a waiver of Tenant's obligation to comply with all Laws, nor Landlord's opinion that such alterations are in compliance with all Laws. (3) Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord. All such construction shall be performed in a manner,which will not interfere with the quiet enjoyment of other tenants of the Project. (4) Tenant shall pay all costs for construction of alterations and shall keep the Premises and the Project free and clear of all liens which may result from work by third parties authorized by Tenant. If any such lien is filed, the same shall be an event of default hereunder if Tenant fails to remove such lien within ten(10)days of the filing thereof. (5) Without exception, Landlord's consent to any alterations (and subsequent restoration) is contingent upon Tenant using contractors signatory to the appropriate collective bargaining agreements. (6) Unless it is explicitly stated otherwise, Tenant shall be responsible for restoring the premises to the condition, which it was delivered on the lease commencement date. 14.1 RELEASE AND INDEMNITY As material consideration to Landlord, Tenant agrees that Landlord and Landlord's partners, shareholders, officers, directors, employees and agents(collectively the"Protected Parties")shall not be liable to Tenant for any damage to Tenant or Tenant's property from any cause, and Tenant waives all claims against Landlord for damage to persons or property arising for any reason, except for damage resulting directly from Landlord's breach of its express obligations under this Lease which Landlord has not cured within a reasonable time after receipt of written notice of such breach from Tenant. Tenant shall defend,indemnify and hold Landlord and all other Protected Parties harmless from all claims, losses,causes of action, costs and expenses, and damages arising out of(a)any damage to any person or property occurring in, on or about the Premises,(b)use by Tenant or its agents of the Premises and/or the Project or other properties of Landlord, and/or(c)Tenant's breach or violation of any term of this Lease. 15.1 INSURANCE Tenant,at its cost, shall maintain public liability and property damage insurance and products liability insurance with a single combined liability limit of$1,000,000, insuring against all liability of Tenant and its authorized representatives arising out of or in connection with Tenant's use or occupancy of the Premises. Public liability insurance, products liability insurance and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 14.1. Landlord shall be named as an additional insured and the policy shall contain cross- liability endorsements. On all its personal property, at its cost, Tenant shall maintain a policy of standard fire and extended coverage insurance with vandalism and malicious mischief endorsements and "all risk" coverage on all Tenant's improvements and alterations in or about the Premises,to the extent of at least 100%of their full replacement value. The proceeds from any such policy shall be used by Tenant for the replacement of personal property and the restoration of Tenant's improvements or alterations. All insurance required to be provided by Tenant under this Lease shall release Landlord and the other Protected Parties from any claims for damage to any person or the Premises and the Project, and to Tenant's fixtures, personal property, improvements and alterations in or on the Premises or the Project, caused by or resulting from risks insured against under any insurance policy carried by Tenant and in force at the time of such damage. All insurance required to be provided by Tenant under this Lease: (a) shall be issued by insurance companies authorized to do business in the state in which the Premises are located; (b) be reasonably acceptable to Landlord; (c) shall be issued as a primary policy; and (d) shall contain an endorsement requiring at least 30 days prior written notice of cancellation to Landlord and Landlord's lender, before cancellation or change in coverage, scope or amount of any policy. Tenant shall deliver a certificate or copy of such policy together with evidence of payment of all current premiums to Landlord within 10 days of execution of this Lease. Tenant's failure to provide evidence of such coverage to Landlord may, in Landlord's sole discretion, constitute a default under this Lease. 16.1 DESTRUCTION If during the term, the Premises or Project is more than 25% destroyed (based upon replacement cost) from any cause, or rendered inaccessible or unusable from any cause, Landlord may, in its sole discretion, terminate this Lease by delivery of notice to Tenant within 30 days of such event without compensation to Tenant. If Landlord does not elect to terminate this Lease, and if, in Landlord's estimation, the 3/95 Please Initial Page 6 of 21 Landlord Tenant Premises cannot be restored within 180 days following such destruction,the Landlord shall notify Tenant and Tenant may terminate this Lease by delivery of notice to Landlord within 30 days of receipt of Landlord's notice. If Landlord does not terminate this Lease and if in Landlord's estimation the Premises can be restored within 180 days, then Landlord shall commence to restore the Premises in compliance with then existing laws and shall complete such restoration with due diligence. In such event, this Lease shall remain in full force and effect, but there shall be an abatement of Base Monthly Rent between the date of destruction and the date of completion of restoration, based on the extant to which destruction interferes with Tenant's use of the Premises; provided,there shall be no abatement if such damage is the result of Tenant's negligence or wrongdoing. Tenant shall not be entitled to any damages or compensation for loss of use or any inconvenience occasioned by damage or any repair or restoration. 17.1 CONDEMNATION (1) Definitions. The following definitions shall apply. (1) "Condemnation" means (a) the exercise of any governmental power of eminent domain, whether by legal proceedings or otherwise by condemnor and (b) the voluntary sale or transfer by Landlord to any condemnor either under threat of condemnation or while legal proceedings for condemnation are proceeding; (2)"Date of Taking"means the date the condemnor has the right to possession of the property being condemned; (3)"Award"means all compensation,sums or anything of value awarded, paid or received on a total or partial condemnation; and (4)"Condemnor"means any public or quasi-public authority,or private corporation or individual, having a power of condemnation. (2) Obligations to Be Governed by Lease. If during the term of the Lease there is any taking of all or any part of the Premises or the Project,the rights and obligations of the parties shall be determined pursuant to this Lease. (3) Total or Partial Taking. If the Premises are totally taken by condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises is taken by Condemnation,this Lease shall terminate as to the part so taken as of the Date of Taking,but shall in all other respects remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease,Tenant must exercise its right to terminate by giving notice to Landlord within 30 days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease. Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty(30)days, nor later than ninety(90)days after Tenant has notified Landlord of its election to terminate;except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by condemnation and this Lease remains in full force and effect,on the Date of Taking the Base Monthly Rent shall be reduced by an amount in the same ratio as the total number of square feet in the Premises taken bears to the total number of square feet in the Premises immediately before the Date of Taking. (4) Landlord's Election. Notwithstanding anything herein to the contrary, if the Project or any portion thereof is taken by Condemnation and the portion taken does not, in Landlord's sole judgment,feasibly permit the continuation of the operation of the Project by Landlord, then Landlord shall have the right to terminate this Lease by written notice given within thirty(30)days following the Date of Taking. (5) Award. Tenant shall have no right or claim to all or any portion of the Award; provided this shall not limit Tenant's right to seek and to receive compensation for relocation expenses or the value of its personal property taken, so long as receipt of such compensation does not decrease the Award otherwise payable to Landlord. 18.1 ASSIGNMENT OR SUBLEASE Tenant shall not assign or encumber its interest in this Lease or the Premises or sublease all or any part of the Premises or allow any other person or entity(except Tenant's authorized representatives, employees, invitees, or guests)to occupy or use all or any part of the Premises without first obtaining Landlord's consent which Landlord may withhold in its sole discretion. Any assignment, encumbrance or sublease without Landlord's written consent shall be voidable and at Landlord's election, shall constitute a default. If Tenant is a partnership, a withdrawal or change, voluntary, involuntary or by operation of law of any partner, or the dissolution of the partnership, shall be deemed a voluntary assignment. If Tenant consists of more than one person, a purported assignment, voluntary or involuntary or by operation of law from one person to the other or to a third party shall be deemed a voluntary assignment. If Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or sale or other transfer of a controlling percentage of the capital stock of Tenant, or the sale of at least 25% of the value of the assets of Tenant shall be deemed a voluntary assignment. The phrase "controlling percentage"means ownership of and right to vote stock possessing at least 25%of the total combined voting power of all classes of Tenant's capital stock issued, outstanding and entitled to vote for election of directors. The preceding two sentences shall not apply to corporations the stock of which is traded through an exchange or over the counter. All rent received by Tenant from its subtenants in excess of the rent payable by Tenant to Landlord under this Lease (allocated on a square footage basis in cases of partial subleasing) shall be paid to Landlord, and any sums to be paid by an assignee to Tenant in consideration of the assignment of this Lease shall be paid to Landlord. If Tenant requests Landlord to consent to a proposed assignment or subletting,Tenant shall pay to Landlord, whether or not consent is ultimately given, $100 or Landlord's reasonable attorneys' fees incurred in connection with such request, whichever is greater. No interest of Tenant in this Lease shall be assignable by involuntary assignment through operation of law(including without limitation the transfer of this Lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment: (a) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes proceedings under the Bankruptcy Act in which Tenant is the bankrupt; or if Tenant is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent,or makes an assignment for the benefit of creditors;or(b)If a writ of attachment or execution is levied on this Lease;or(c)If in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant. 19.1 DEFAULT The occurrence of any of the following shall constitute a default by Tenant: (a)A failure to pay rent or other charge when due; (b) Failure to perform any other provision of this Lease; (c) abandonment or vacation of the Premises (failure to occupy and operate the Premises for 15 consecutive days shall be deemed an abandonment and vacation)except seasonal vacation or other similar temporary cessation of business; 3/95 Please Initial Page 7 of 21 Landlord Tenant or (d) the use of any contractors (for maintenance purposes, for alterations to the space or for any other purpose associated with the Premises) without prior written consent from the Landlord. 20.1 LANDLORD'S REMEDIES (1) Landlord shall have the following remedies if Tenant is in default. These remedies are not exclusive, they are cumulative and in addition to any remedies now or later allowed by law Landlord may terminate this Lease and/or Tenant's right to possession of the Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Ads of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of this Lease. Upon termination of this Lease or of Tenant's right to possession, Landlord has the right to recover from Tenant: (1)The worth of the unpaid rent that had been earned at the time of such termination; (2)The worth of the amount of the unpaid rent that would have been earned after the date of such termination, and (3) Any other amount, including court, attorney and collection costs,necessary to compensate Landlord for all detriment proximately caused by Tenant's default "The Worth,"as used for Item 20.1(1) in this Paragraph is to be computed by allowing interest at the Default Rate "The worth" as used for Item 20.1(2)in this Paragraph is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of termination of Tenant's right of possession (2) All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money owed to any party other than Landlord, for which it is liable hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, Landlord may, without waiving Such default or any other right or remedy, but shall not be obligated to, make any such payment or perform any such other act to be made or performed by Tenant. All sums so paid by Landlord and all necessary incidental costs, together with interest thereon at the Default Rate from the date of expenditure by Landlord, shall be payable to Landlord on demand 21.1 ENTRY ON PREMISES Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: (a)To determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (b)To do any necessary maintenance and to make any restoration to the Premises or the Project that Landlord has the right or obligation to perform, (c) To post"for sale" signs at any time during the term to post "for rent" or "for lease" signs during the last 90 days of the term, or during any period while Tenant is in default; (d)To show the Premises to prospective brokers, agents, buyers, tenants or persons interested in leasing or purchasing the Premises, at any time during the term or(e)To repair, maintain or improve the Project and to erect scaffolding and protective barricades around and about the Premises but not so as to prevent entry to the Premises and to do any other act or thing necessary for the safety or preservation of the Premises or the Project. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising out of Landlord's entry onto the Premises as provided in this Section. Tenant shall not be entitled to an abatement or reduction of rent if Landlord exercises any rights reserved in this Section. Landlord shall conduct its activities on the Premises as provided herein in a manner that will cause the least inconvenience, annoyance or disturbance to Tenant. For each of these purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in, upon and about the Premises, excluding Tenant's vaults and safes. Tenant shall not alter any lock or install a new or additional lock or bolt on any door of the Premises without prior written consent of Landlord. If Landlord gives its consent.Tenant shall furnish Landlord with a key for any such lock. 22.1 SUBORDINATION Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, and at the election of Landlord or any mortgagee or any beneficiary of a Deed of Trust with a lien on the Project or any ground lessor with respect to the Project, this Lease shall be subject and subordinate at all times to(a)all ground leases or underlying leases which may now exist or hereafter be executed affecting the Project, and (b) the lien of any mortgage or deed of trust which may now exist or hereafter be executed in any amount for which the Project, ground leases or underlying leases, or Landlord's interest or estate in any of said items is specified as security. In the event that any ground lease or underlying lease terminates for any reason or any mortgage or Deed of Trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, Tenant shall, notwithstanding any subordination, attorn to and become the Tenant of the successor in interest to Landlord, at the option of such successor in interest. Tenant covenants and agrees to execute and deliver, upon demand by Landlord and in the form requested by Landlord any additional documents evidencing the priority or subordination of this Lease with respect to any such ground lease or underlying leases or the lien of any such mortgage or Deed of Trust Tenant hereby irrevocably appoints Landlord as attorney-in-fact of Tenant to execute,deliver and record any such document in the name and on behalf of Tenant Tenant,within ten days from notice from Landlord, shall execute and deliver to Landlord, in recordable form, certificates stating that this Lease is not in default, Is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. This certificate should also state the amount of current monthly rent, the dates to which rent has been paid in advance, the amount of any security deposit and prepaid rent, and such other matters as Landlord may request. Failure to deliver this certificate to Landlord within ten days shall be conclusive upon Tenant that this Lease is in full force and effect and has not been modified except as may be represented by Landlord In addition, in connection with any sale or financing involving the Premises, Tenant shall deliver to Landlord, within twenty (20) days of request by Landlord, a current audited financial statement of Tenant and of each guarantor 23.1 NOTICE Any notice,demand, request, consent, approval or communication desired by either party or required to be given, shall be in writing and either served personally or sent by prepaid certified first class mail, addressed as set forth in Section 1 1 Either party may change its address by notification to the other party. Notice shall be deemed to be communicated 48 hours from the time of such mailing,or upon the time of service as provided in this Section. 24.1 WAIVER No delay or omission in the exercise of any right or remedy by Landlord shall impair such right or remedy or be construed as a waiver. No act or conduct of Landlord, including without limitation, acceptance of the keys to the Premises. shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the term Only written notice from Landlord to Tenant shall constitute acceptance of the 3/95 Please Initial Page 8 of 21 Landlord Tenant surrender of the Premises and accomplish termination of the Lease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease. 25.1 SURRENDER OF PREMISES; HOLDING OVER Upon expiration of the term or the termination of this Lease or of Tenant's right of possession, Tenant shall surrender to Landlord the Premises and all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good condition, except for ordinary wear and tear. Tenant shall remove all personal property including, without limitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord can elect to retain or dispose of in any manner Tenant's personal property not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of Tenant's personal property. Tenant shall be liable to Landlord for Landlord's costs for storage, removal o disposal of Tenant's personal property. If Tenant fails to surrender the Premises upon the expiration of the term, or upon the termination of this Lease or of Tenant's right of possession, Tenant shall defend, indemnity and hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure. If Tenant,with Landlord's consent, remains in possession of the Premises after expiration of this Lease,such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease,except those pertaining to term and rent, shall apply to the month-to-month tenancy. Tenant shall pay Base Monthly Rent in an amount equal to 150% of the Base Monthly Rent for the last full calendar month during the regular term plus 100% of said last month's estimate of Tenant's share of Expenses pursuant to Section 4.3(3). If Tenant holds over after the expiration of the Term or the earlier termination hereof without the express written consent of Landlord, Tenant shall become a tenant at sufferance only, at a rental rate equal to two hundred percent (200%) of the Base Monthly Rent in effect upon the date of such termination or expiration, prorated on a daily basis,and subject to the terns, covenants and conditions herein specified, so far as applicable, including section 4.3. Acceptance by Landlord of rent after such expiration or earlier termination shall not result in a renewal or extension of the Lease. The foregoing provisions of this Section 25.1 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord thereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord,Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney's fees and costs. 26.1 LIMITATION OF LIABILITY: The liability of the Belfair Landing Commercial Complex with regard to all aspects of the lease shall be limited to the assets of RWJJ,NC. In consideration of the benefits accruing hereunder,Tenant agrees that,regarding any claim against Landlord and/or any other Protected Parry,including in the event or alleged failure,breach or default by Landlord a. The sole and exclusive remedy of Tenant shall be against the interest of Landlord in the Project, and neither Landlord nor any other Protected Party shall have any other liability whatsoever. b. If Landlord is a partnership, the following provisions of this item shall also apply: (i) No partner of Landlord shall be sued or named as a party in any suit or action; (ii) No service of process shall be made against any partner of Landlord (except as may be necessary to secure jurisdiction of the partnership); (iii) No partner of Landlord shall be required to answer or otherwise plead to any service or process; (iv)No judgment may be taken against any partner of Landlord; (v)Any judgment taken against any partner of Landlord may be vacated and set aside at any time without hearing; and (vi) No writ of execution will ever be levied against the assets of any partner of Landlord. c. These covenants and agreements contained in this Section are enforceable both by Landlord and also by any other Protected Party. d. Tenant agrees that each of the foregoing provisions shall be applicable to any and all liabilities,claims and causes of action whatsoever, including those based on any provision of this Lease,any implied covenant,and/or any statute or common law principle. 27.1 MISCELLANEOUS PROVISIONS (1) Time of Essence. Time is of the essence of each provision of this Lease. (2) Successor. This Lease shall be binding on and inure to the benefit of the parties and their successors, except as provided in Section 18.1 herein. (3) Landlord's Consent. Any consent required by Landlord under this Lease must be granted in writing. No such consent shall be unreasonably withheld, but any consent may be issued subject to reasonable conditions. As a condition to any consent, Landlord may require that any other party or parties with a right of consent issue such consent on terms acceptable to Landlord. (4) Commissions. Each party represents that it has not had dealings with any real estate broker,finder or other person with respect to this Lease in any manner, except for the broker identified in Section 1.1,who shall be compensated by Landlord, unless otherwise stated. (5) Other Charges. If Landlord becomes a party to any litigation concerning this Lease, the Premises or the Project,by reason of any act or omission of Tenant or any agent,guest or invitee of Tenant,Tenant shall be liable to Landlord for all attorneys fees and costs incurred by Landlord in connection with such litigation,including any appeal or review. 3/95 Please Initial Page 9 of 21 Landlord Tenant (6) Administration Fee. Should Landlord be in the position of incurring any costs on behalf of Tenant or should Tenant not fulfill any obligations of which they are liable under the terms of the Lease and of which Landlord incurs thereof, Tenant shall be liable not only for the costs incurred, but in addition shall be liable for a ten percent(10%)surcharge above and beyond said actual costs. In the event of litigation between Tenant and Landlord and/or any other Protected Party, the prevailing party shall be entitled to recover from the losing party all costs and attorneys fees incurred both at and in preparation for trial and any appeal or review. If Landlord employs a collection agency to recover delinquent charges, Tenant agrees to pay all collection agency and attorneys' fees charged to Landlord in addition to rent, late charges, interest and other sums payable under this Lease. Tenant shall pay a charge of $200 to Landlord for preparation of a demand for delinquent rent. (7) Landlord's Successors. In the event of a sale or conveyance by Landlord of the Project or a portion thereof including the Premises, or of Landlord's interest in the foregoing, the same shall operate to release Landlord from any liability under this Lease, and in such event Landlord's successor in interest shall be solely responsible for all obligations of Landlord under this Lease. (8) Interpretation. This Lease shall be construed and interpreted in accordance with the laws of the state in which the Premises are located. This Lease constitutes the entire agreement between the parties with respect to the Premises and the Project, except for such guarantees or modifications as may be executed in writing by the parties from time to time. When required by the context of this Lease, the singular shall include the plural, and the masculine shall include the feminine and/or neuter. "Party" shall mean Landlord or Tenant. If more than one person or entity constitutes Tenant, the obligations imposed upon Tenant shall be joint and several. The enforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal. (9) Third Parties. The Protected Parties shall have the right to enforce the provisions of this Lease which reference them. Except for the foregoing, there are no third parties benefitted hereby, this Lease being intended solely for the benefit of Landlord and Tenant. Notwithstanding the foregoing, the beneficiary under a trust deed, or a mortgagee, holding a security interest in the Project shall be a third party beneficiary of the Tenant's obligations set forth in Sections 30.1 and 31.1 hereof and shall have the right to enforce such provisions. (10) Survival. The release and indemnity covenants of Tenant, the right of Landlord to enforce its remedies hereunder, the attorneys fees provisions hereof, the provisions of Section 26.1 hereof, as well as all provisions of this Lease which contemplate performance after the expiration or termination hereof or the termination of Tenant's right to possession hereunder, shall survive any such expiration or termination. (11) Use of Contractors. ALL TENANT IMPROVEMENTS AND FIXTURES INSTALLATION (AND SUBSEQUENT RESTORATION)SHALL BE PERFORMED BY A CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND APPROVED BY LANDLORD IN WRITING PRIOR TO THE COMMENCEMENT OF ANY WORK. ALL PERMITS ARE THE RESPONSIBILITY OF THE TENANT. TENANT AGREES THAT IF ALTERATIONS/RESTORATIONS ARE DONE WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LANDLORD THAT TENANT WILL PAY A PENALTY EQUAL TO THE COST OF THE ALTERATION/RESTORATION. 28.1 EMISSIONS Tenant shall not: a. Discharge, emit or,permit to be discharged or emitted, any liquid, solid or gaseous matter, or any combination thereof, into the atmosphere, the ground or any body of water, which matter, as reasonably determined by Lessor or any governmental entity, does, or may, pollute or contaminate the same, or is, or may become, radioactive or does, or may, adversely affect the (1) health or safety of persons,wherever located,whether on the Premises or anywhere else, (2)condition, use or enjoyment of the Premises or any other real or personal property,whether on the Premises or anywhere else,or(3)Premises or any of the improvements thereto or thereon including buildings,foundations, pipes, utility lines, landscaping or parking areas, b. Produce, or permit to be produced, any intense glare, light or heat except within an enclosed or screened area and then only in such manner that the glare, light or heat shall not be discernible from outside the Premises, c. Create, or permit to be created, any sound pressure level which will interfere with the quiet enjoyment of any real property outside the Premises;or which will create a nuisance or violate any Law, rule, regulation or requirement: d. Create, or permit to be created, any ground vibration that is discernible outside the Premises, e. Transmit, receive or permit to be transmitted or received, any electromagnetic, microwave or other radiation which is harmful or hazardous to any person or property in,on or about the Premises,or anywhere else. 28.2 STORAGE AND USE (1) Storage. Subject to the uses permitted and prohibited to Tenant under this lease, Tenant shall store in appropriate leak proof containers all solid, liquid, or gaseous matter, or any combination thereof,which matter, if discharged or emitted into the atmosphere, the ground or any body of water,does or may(1)pollute or contaminate the same, or(2)adversely affect the (i) health or safety of persons,whether on the Premises or anywhere else, (ii) condition, use or enjoyment of the Premises or any real or personal property, whether on the Premises or anywhere else, or(iii)Premises or any of the improvements thereto or thereon. (2) Use. In addition, without Landlord's prior written consent, Tenant shall not use, store or permit to remain on the Premises any solid, liquid or gaseous matter which is,or may become, radioactive. If Landlord does give its consent,Tenant shall store the materials in such a manner that no radioactivity will be detectable outside a designated storage area and Tenant shall use the materials in such a manner that(1)no real or personal property outside the designated storage area shall become contaminated thereby or(2)there are and shall be 3/95 Please Initial Page 10 of 21 Landlord Tenant no adverse effects on the (i) health or safety of persons, whether on the Premises or anywhere else, (ii) condition, use or enjoyment of the Premises or any real or personal property thereon or therein, or(iii)Premises or any of the improvements thereto or thereon. (3) Outdoor Storage. Outdoor storage is not permitted, other than rented yard if applicable. For the purposes of this Lease, outdoor storage shall include, but not be limited to, any item or items placed in any area other than within the rented premises. Outdoor storage areas shall include any public and/or common area, loading zones, and parking spaces. Storage items shall include, but not be limited to, vehicles (regardless of working condition or registration), trailers or recreation type vehicles, boats, merchandise or materials or any item or items being kept for any length of time for any reason. Vehicles used for daily transportation are permitted to park in parking spaces only and only under the terms and conditions outlined in the Lease. Parking spaces are not part of the rented premises and although Tenant has the right to use parking spaces for daily transportation,there are no rights connnected to said parking spaces and at no time are they to be used for outdoor storage. 28.3 DISPOSAL OF WASTE (1) Refuse Disposal. Tenant shall not keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove same from the Premises. Tenant shall keep all incinerators, containers or other equipment used for the storage or disposal of such materials in a clean and sanitary condition. (2) Sewage Disposal. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage system (1) for the disposal of anything except sanitary sewage or (2) in excess of the lesser of the amount (a) reasonably contemplated by the uses permitted under this Lease or (b) permitted by any governmental entity. Tenant shall keep the sewage disposal system-free of all obstructions and in good operating condition. (3) Disposal of Other Waste. Tenant shall properly dispose of all other waste or other matter delivered to, stored upon, located upon or within, used on, or removed from,the premises in such a manner that it does not, and will not, adversely affect the(1) health or safety of persons,wherever located, whether on the Premises or elsewhere, (2) condition, use or enjoyment of the Premises or any other real or personal property, wherever located, whether on the Premises or anywhere else, or(3) Premises or any of the improvements thereto or thereon including buildings,foundations,pipes, utility lines, landscaping or parking areas. 29.1 COMPLIANCE WITH LAW Notwithstanding any other provision in the Lease to the contrary,Tenant shall comply with all Laws in complying with its obligations under this Lease,and in particular, Laws relating to the storage, use and disposal of hazardous or toxic matter. 30.1 INDEMNIFICATION Tenant shall defend, indemnify and hold Landlord, the other Protected Parties, the Project and the beneficiary under a trust deed, or mortgagee, holding a security interest in the Project harmless from any loss, claim, liability or expense, including, without limitation, attorneys fees and costs, at trial and/or on appeal and review, arising out of or in connection with its failure to observe or comply with the provisions of this Section. This indemnity shall survive the expiration or earlier termination of the term of the Lease or the termination of Tenant's right of possession and be fully enforceable thereafter. 31.1 ADDITIONAL PROVISIONS The following covenants and agreements shall in no way diminish or limit the foregoing provisions of this Section. No use may be made of, on or from the Premises relating to the handling, storage,disposal,transportation, or discharge of Hazardous Substances(as defined below). All of such use which does occur shall be in strict conformance with all Laws. Tenant shall give prior written notice to Landlord of any use, whether incidental or otherwise, of Hazardous Substances on the Premises, or of any notice of any violation of any Law with respect to such use. Landlord and any ground lessor or master lessor of the Premises and/or the Project shall have the right to request and to receive information with respect to use of Hazardous Substances on the Premises in writing. In addition to the indemnity obligations contained elsewhere herein, Tenant shall indemnify, defend and hold harmless Landlord, the other Protected Parties,the Premises, the Project, and the beneficiary under a trust deed, or a mortgagee, holding a security interest in the Project, from and against all claims, losses, damages, costs, response costs and expenses, liabilities, and other expenses caused by,arising out of, or in connection with, the generation, release, handling, storage, discharge, transportation, deposit or disposal in, on, under or about the Premises by Tenant or any of Tenant's Agents of the following (collectively referred to as "Hazardous Substances"): hazardous materials, hazardous substances, toxic wastes, toxic substances, pollutants, petroleum products, underground tanks, oils, pollution, asbestos, PCB's, materials, or contaminants, as those terms are commonly used or as defined by federal, state, and/or local law or regulation related to protection of health or the environment, including but not limited to, the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §6901 et seg.); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U S C § 9601, et sea.), the Toxic Substances Control Act(15 U.S.C. § 2601, et seg.); the Clean Water Act(33 U.S.0 § 1251, et seg.).the Clean Air Act(42 U.S.C. § 7401 et seg.); and ORS Chapters 453, 465 and 466 as any of same may be amended from time to time, and/or by any rules and regulations promulgated thereunder. Such damages, costs, liabilities, and expenses shall include such as are claimed by any regulating and/or administering agency, any ground lessor or master lessor of the Project, the holder of any Mortgage or Deed of Trust on the Project, and/or any successor of the Landlord named herein. This indemnity shall include (a) claims of third parties, including governmental agencies, for damages, fines, penalties, response coats, monitoring costs, injunctive or other relief; (b) the costs, expenses or losses resulting from any injunctive relief, including preliminary or temporary injunctive relief; (c)the expenses, including fees of attorneys and experts, of reporting the existence of Hazardous Substances to an agency of the State of Oregon or of the United States as required by applicable laws and regulations; (d) any and all expenses or obligations, including attorney's and paralegal fees, incurred at, before and after any trial or appeal therefrom or review thereof, or an administrative proceeding or appeal therefrom or review thereof, whether or not taxable as costs, including, without limitation, attorney's fees, paralegal fees, witness fees (expert and otherwise), deposition costs, photocopying and telephone charges and other expenses related to the foregoing, all of which shall be paid by Tenant to Landlord when such expenses are accrued. This indemnity shall survive the expiration or earlier termination of the term of the Lease or the termination of Tenant's right of possession and be fully enforceable thereafter. 3/95 Please Initial Page 11 of 21 Landlord Tenant 32.1 INFORMATION Tenant shall provide Landlord with any and all information regarding Hazardous Substances in the Premises, including contemporaneous copies of all filings and reports to governmental entities,and any other information requested by Landlord. In the event of any accident,spill or other incident involving Hazardous Substances,Tenant shall immediately report the same to Landlord and supply Landlord with all information and reports with respect to the same. All information described herein shall be provided to Landlord regardless of any claim by Tenant that it is confidential or privileged. 33.1 USE OF CONTRACTORS ALL TENANT IMPROVEMENTS AND FIXTURES INSTALLATION (AND SUBSEQUENT RESTORATION) SHALL BE PERFORMED BY A CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND APPROVED BY LANDLORD IN WRITING PRIOR TO THE COMMENCEMENT OF ANY WORK. ALL PERMITS ARE THE RESPONSIBILITY OF THE TENANT. TENANT AGREES THAT IF ALTERATIONS/RESTORATIONS ARE DONE WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LANDLORD THAT TENANT WILL PAY A PENALTY EQUAL TO THE COST OF THE ALTERATION/RESTORATION 34.1 IMPROVEMENT ALLOWANCE: Landlord agrees to provide an allowance of S NONE for the sole purposes okapital improvements to the premises. Any portion of the allowance which exceeds the cost of tlhe desired improvements of is otherwise remaining after completion, shall accrue to the sole benefit of Landlord,it being agreed that Tenant shall not be entitled to any credit,offset,abatement,or payment with respect thereto. 35.1 LEASE TERMINATION: See Section 1.1 h. (Lease Expiration): TENANT: MASON COUNTY FACILITIES C BY: ITS: MASON COUNTY FACILITIES MANAGER LANDLORD: R.W.J.J.,INC. BY: ITS: PRESIDENT y: 06-2019 Please Initial Page 12 of 21 Landlord Tenant TRANSCRIBED 06062019 RM Exhibits A— Premises B— Project C— Signs D—D-3: Building Standard Improvements EXHIBIT A THE PREMISES A f D-1I Q )IFICL KM. OFfICE --KH . CO l o' X 10, K(TGh CN ETT E / on r SUITE Suitt: � B- 1 t6r ------------ i Please Initial 3/95 Landlord Tenant Page 13 of 21 TRANSCRIBED 06.06.2019 IHB EXHIBIT B BELFAIR LANDING COMPLEX PROJECT . I d -i d I 1 • I 4+ N ' I �N m �O d➢ Please Initial Page 14 of 21 LaMlord Tenant 3 TRANSCRIBED 0646-20119 JHB EXHIBIT C SIGN REGULATIONS These regulations have been established for the purpose of maintaining the overall appearance of the Project. Compliance will be strictly enforced. Any sign installed without the approval of the Landlord will be brought to conformity at the expense of the Tenant. General Requirements regarding the installation and removal of signage: 1) Tenant agrees to the specifications outlined below. 2) Tenant shall obtain a cost estimate for approved signage. 3) Tenant's sign vendor shall submit to Landlord a schematic drawing of signage, which shows dimensions and materials used for sign. 4) Landlord will, upon review of schematic from Tenant's sign vendor shall issue written approval or denial of the proposed sign. 5) Tenant shall submit a sign fee of $300 to cover cost to remove signage and restore the panel upon which it was affixed. 6) Tenant agrees that no sign will be placed on the building without Landlord's explicit written authorization. General Specifications 1) Outside building signs may be no more than sixteen (16) inches tall and no more than twelve(12 feet in length. 2) No electrical or audible signs will be permitted. 3) Placement of the sign and method of attachment to the building will be directed by the Landlord. 4) Except as provided herein, no advertising placards, banners, pennants, names, insignias, trademarks, or other descriptive material shall be affixed or maintained upon the glass planes or exterior walls of the building, landscaped areas, streets or parking areas.. 5) Tenants may select the style, size and color of the individual company's lettering and logo, subject to Landlord's approval as provided above. 3/95 Please Initial Landlord Tenant EXHIBIT D BUILDING STANDARD IMPROVEMENTS Tenant Improvements BELFAIR LANDING COMMERCIAL COMPLEX: NE 23293 HWY 3 BUILDING (B) SUITE 1 8, 2 BELFAIR,WA.98528 ALL TENANT IMPROVEMENTS AND FIXTURES INSTALLATION INCLUDING RACK INSTALLATION SHALL BE PERFORMED BY A CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND APPROVED BY LANDLORD. ALL PERMITS ARE THE RESPONSIBILITY OF THE TENANT , ANY TENANT ALTERATIONS OR IMPROVEMENTS MADE SHALL REMAIN ON AND BE SURRENDERED WITH THE PREMISES UPON EXPIRATION OR TERMINATION OF THIS LEASE,EXCEPT THAT LANDLORD MAY,WITHIN 30 DAYS BEFORE OR 30 DAYS AFTER THE EXPIRATION OR TERMINATION OF THIS LEASE OR THE TERMINATION OF TENANT'S RIGHT OF POSSESSION ELECT TO REQUIRE TENANT TO REMOVE ANY ALTERATIONS OR IMPROVEMENTS TENANT MAY HAVE MADE TO THE PREMISES. Please Initial 'l6-ef 21 Landlord Tenant EXHIBIT D-1 BELFAIR LANDING COMMERCIAL COMPLEX: TENANT IMPROVEMENT STANDARDS FOR OFFICES: 1 Interior Walls - Partitions of 3-1/2" metal studs. 518"type "X" gypsum board with rubber base at an allowance of 66 linear feet of wall per 1,000 square feet. 2. Interior Office Doors- 3' x 7' solid core, plain sliced red oak. Finish: mfg. standard color. 8 ga. cold rolled frames by Timely and latch set. One door per 300 square feet. Provide cost for additive alternate red oak, prefinished, frame door and trip: light pigment stain,two coats; lacquer top coat. Door Hardware - 4 -1/2" x 4 -1/2" commercial medium duty hinges, 'D' series, orbit style,-look or latchsets, all Dark Bronze ° finish(10-B)or Brush Chrome(626). 3. Ceilings -9'0"A.F.F. 2' x 4' t-bar acoustical the throughout office area. Armstrong Cortega or approved. Grid system to be installed per code. 4. Insulation-6"(R-19)insulation above ceiling tile,4"(R-11)insulation at perimeter wall locations. 5. Painting-All walls to be painted with one coat primer and two coats latex enamel paint. Finish to be satin low gloss. 6. Floor Covering -Carpet allowance of$12.00 per square yard direct glue to concrete floor. Level loop 26 oz.Orion by Astor. Sheet vinyl in restrooms and lunch areas. Base - 4" cove rubber Roppe or Flexco, manufactured standard colors. Provide cost for additive alternative 1"x4" prefinished oak to match doors. 7 Lighting - 2"x4' three lamp Fluorescent, lay-in type with acrylic prismatic. Install fixture to provide approximately 75 foot candle average maintained light level, but not to exceed 1.5 watts per square foot. 8. Plumbing-One toilet room per 1,500 square feet, handicapped equipped, with lavatory, toilet paper holder, and hand towel dispensers provided with each office area development. 9. Heating, Ventilation, Air Conditioning - positive ventilating system, heating and air conditioning provided to all office areas. 20°cooling temperature differential and 75° heating differential. Diffusers to be located for min./max. velocity of 50/250 per minute. Return air diffusers to be located centrally. 10. Sprinklers-Fire protection to meet standard office construction fire code requirements. 11. Electrical -Wall duplex outlets will be provided at an allowance of one for each 125 square feet of office area. Dedicated circuits available,to be evaluated on an individual basis. One lighting switch-leg (one way)per room. 12 Telephone Outlets-Telephone mudring pull-strings at the rate of two wall outlets for each 250 square feet,with locations to be provided by Tenant to Landlord prior to wall-framing. Phone system installation is at the expense of the tenant. 13. Space Planning-All necessary space planning to design the building standards and obtain a building permit. 14. Permits-Obtaining the building permit is the tenant and owner's responsibility. 3/95 Please Initial Page 17 of 21 Landlord Tenant EXHIBIT D-2 NON STANDARD TENANT IMPROVEMENTS PROJECT: ALL TENANT IMPROVEMENTS AND FITURES INSTALLATION INCLUDING RACK INSTALLATION SHALL BE PERFORMED BY A CONTRACTOR SIGNATORY TO ALL APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND APPROVED BY LANDLORD. 3/95 Please Initial Page 18 of 21 Landlord Tenant EXHIBIT D-3 CLASSIFICATION OF RACK STORAGE MATERIALS CLASS IV Class IV commodity is defined as Class I, II or III products containing an appreciable amount of Group A plastics in a paperboard carton of Class I, II or III products with Group A plastic packing in paperboard cartons on wood pallets. Group B plastics and free flowing group A plastics are also included in this Gass. Examples of Class IV products are small appliances,typewriters, and cameras with plastic parts; plastic-backed tapes and synthetic fabrics or clothing. An example of packing material is a metal product in a foamed plastic cocoon in a corrugated carton. Class IV commodities also include: Textiles: Synthetic thread and yarn except viscose,and non-viscose synthetic fabrics or clothing. Others: Vinyl floor tile, wood or metal frame upholstered furniture or mattresses with plastic covering and/or padding, and plastic-padded metal , dashboards or metal bumpers. CLASS III Class III commodity is defined as wood,paper, natural fiber cloth,Group C plastics or products thereof;on wood pallets. Products may contain a limited amount of Group A or B plastics. Wood dressers with plastic drawer glides, handles, and trim are examples of a commodity with a limited amount of plastic. Examples of Class III products are: Paper Products: Books, magazines, newspapers, stationary, plastic-coated paper food containers, paper or cardboard games, tissue products, rolled paper on side or steel banded on end, regenerated cellulose(cellophane). Leather Products: Shoes,jackets,gloves and luggage. Wood Products: Doors,windows,door and window frames,combustible fiberboard,wood cabinets,furniture,and other wood products. Textiles: Natural fiber upholstered non-plastic furniture, wood or metal furniture with plastic padding and covered arm rests, mattresses without expanded plastic or rubber, absorbent cotton in cartons, natural fiber and viscose yarns, thread and products, and natural fiber clothing or textile products. Others: Tobacco products in paperboard cartons, nonflammable liquids such as soaps, detergent and bleaches, and non-flammable pharmaceuticals in plastic containers, combustible foods or cereal products, and no-negative producing film packs in sealed metal foil wrappers in paperboard packages. CLASS II Class II commodity is defined as Class I products in slatted wooden crates, solid wooden boxes, multiple-thickness paperboard cartons, or equivalent combustible packaging material on wood pallets. Examples of Class II products are: thinly coated fine wire such as radio coil wire on reels or in cartons, incandescent or fluorescent light bulbs, beer or wine up to 20%alcohol, in wood containers and Class I products, if in small cartons or small packages placed in ordinary corrugated cartons. CLASS Class I commodity is defined as essentially non-combustible product on wood pallets, or in ordinary corrugated cartons with or without single thickness dividers,or in ordinary paper wrappings,all on wood pallets. Such products may have a negligible amount of plastic trim,such as knobs or handles. Examples of Class I products are: Metal Products: Metal desks with plastic tops and trim, electrical coils, electrical devices in their metal enclosures, pots and pans, electrical motors,dry cell batteries,metal parts,empty cans,stoves,washers,dryers and metal cabinets. Glass Products: Glass bottles,empty or filled with non-combustible liquids,mirrors. Foods: Foods in non-combustible containers, frozen foods, meat, fresh fruits and vegetables in non-plastic trays or containers, dairy products in non-wax coated paper containers,beer or wine up to 20%alcohol,in metal,glass,or ceramic containers. Others: Oil-filled and other types of distribution transformers,cement in bags,electrical insulators,gypsum board, inert pigment,dry insecticides. Note: See attached classification of plastics,plastomers and rubber. 3/95 Please Initial Page 19 of 21 Landlord Tenant Classification of Plastics, Elastomers, and Rubber. Note: The following categories are based on unmodified plastic materials. The use of fire or flame-retading modifiers of the physical form of the material may change the classification. GROUP A ABS(Acrylonitrile-Butadiene-Styrene Copolymer Acetal(Polyformaldehyde) Acrylic(Polymethyl Methacrylate) Butyl Rubber EPDM(Ethylene-Propylene Rubber) FRP(Fiberglass Reinforced Polyester) Natural Rubber Nitrile Rubber(Acrylonitrile-Butadiene Rubber) PET(Thermoplastic Polyester) Polybutadiene Polycarbonate Polyester Elastomer Polyethylene Polypropylene Polystyrene Polyurethane PVC(Polyvinyl Chloride-highly plasticized, e.g.,coated fabric,unsupported film) SAN(Styrene Acrylonitrile) SBR(Styrene-Butadiene Rubber) GROUP B Cellulosics(Cellulose Acetate,Cellulose Acetate Butyrate,Ethyl Cellulose) Chloroprene Rubber Fluoroplastics(ECTFE-Ethylene-Chlorotrifluoroethylene Copolymer; ETFE-Ethylene-Tetrafluoroethylene Copolymer, FEP-Fluorinated Ethylene-Propylene Copolymer) Nylon(Nylon 6, Nylon 6/6) Silicon Rubber GROUP C Fluoroplastics(PCTFE-Polychlorotrifluoroethylene; PTFE-Polytetrafluoroethylene) Melamine(Melamine Formaldehyde) Phenolic PVC(Polyvinyl Chloride-rigid or lightly plasticized e.g.,pipe, pipe fittings) PVDC(Polyvinylidene Chloride) PVDF(Polyvinylidene Fluoride) PVF(Polyvinyl fluoride) Urea(Urea Formaldehyde) For storage heights above 15 feet(4.57 m), up to and including 20 feet(6.1m), provision of ceiling sprinkler density for a minimum of 2000 square feet(185.9 mZ)with 165°F(74°C)or 286°F(141'C)temperature-rated sprinklers. 3/95 Please Initial Page 20 of 21 Landlord Tenant BILLING INFORMATION SHEET Please fill out the following information: Contact Person: Company: Phone: Fax Address: Address: Billing Address: Address: After Hours Emergency Contact: Name: Phone: 3/95 Please Initiai Page 21 of 21 Landlord Tenant MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: July 2, 2019 Agenda Item # BRIEFING DATE: June 24, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Culvert Replacement Projects: County Road Project (CRP) 2022 — Uncle John's Creek Upper Culvert Replacement Agate Loop Road County Road Project (CRP) 2023 — Uncle John's Creek Lower Culvert Replacement Agate Loop Road County Road Project (CRP) 2024 — Dayton Creek Culvert Replacement Highland Road BACKGROUND: County Road Projects 2022, 2023, and 2024 are culvert replacement projects that will improve fish passage for salmon and increase safety for the traveling public by reducing roadway flooding concerns. These projects are part of Priority Number 3 "Programmatic Culvert Repair/Replacement" on the Six-Year Transportation Improvement Program (TIP), and may be added as individual projects on next year's or a future adopted TIP. Project information is as follows: CRP Road/Project Estimated Cost Approx. Mileposts 2022 Agate Loop Road $500,000 MP 0.64 Uncle John's Creek Upper Culvert Replacement 2023 Agate Loop Road $3,000,000 MP 1.02 Uncle John's Creek Lower Culvert Replacement 2024 Highland Road $500,000 MP 0.33 Dayton Creek Culvert Replacement BUDGET IMPACTS: The Applicant Resolution/Authorization forms are required to be submitted by July 12, 2019 in order to receive the Brian Abbott Fish Barrier Removal Board (FBRB) funding through the Watershed Pathway Grant Program in the amount of $1,180,396. CRP 2022 and 2024 received design and construction funding and CRP 2023 received design funds only. RECOMMENDED ACTION: Recommend the Board approve the following for County Road Projects 2022-2024: 1. Resolutions for CRP 2022, Uncle John's Creek Upper Culvert Replacement, CRP 2023, Uncle John's Creek Lower Culvert Replacement, and CRP 2024, Dayton Creek Culvert Replacement. 2. Authorize the Chair to sign all pertinent documents and authorize the Public Works County Engineer to advertise, set bid dates/times and award contract. 3. Authorize the County Engineer to sign the Applicant Resolution/Authorization forms. 4. Authorize the County Engineer to Request for Qualifications as needed for consultant services for these projects and enter into contracts. Attachment: Resolutions Applicant Resolution/Authorization forms Project Vicinity Maps MASON COUNTY COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2022 WHEREAS,on Mason County Road No.23500 known locally as the Agate Loop Road— Uncle John's Creek Upper Culvert Replacement and more specifically located in Sec. 11,14,T20N, R3W,WM,at approximately mile post 0.64;work defined as"construction"in the BARS Manual, Page II-63,et seq,is determined to be necessary and proper;and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: _Removine the existing undersized culvert to improve fish passage and increase safety bV reducing roadway flooding concerns. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County. (RCW 36.77.060 and/or RCW 26.77.065) BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $60,000 Right of Way $10,000 Construction $430,000 The County Road project herein described is HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq. ADOPTED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty,Chair ATTEST: Sharon Trask,Vice Chair Melissa Drewry,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Tim Whitehead, Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ. 1t: MASON COUNTY COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2023 WHEREAS,on Mason County Road No.23500 known locally as the Agate Loop Road— Uncle John's Creek Lower Culvert Replacement and more specifically located in Sec. 14,T20N. R3W,WM,at approximately mile post 1.02;work defined as"construction"in the BARS Manual, Page II-63,et seq,is determined to be necessary and proper;and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Removing the existing undersized culvert to improve fish passage and increase safety by reducing roadway flooding concerns. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County. (RCW 36.77.060 and/or RCW 26.77.065) BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: 4$ 00,000 Right of Way2$ 0,000 Construction $2,580,000 The County Road project herein described is HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq. ADOPTED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty,Chair ATTEST: Sharon Trask,Vice Chair Melissa Drewry,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Tim Whitehead, Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ. It: MASON COUNTY COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2024 WHEREAS,on Mason County Road No.04450 known locally as the Highland Road— Dayton Creek Culvert Replacement and more specifically located in Sec. 18,T20N.R4W.WM,at approximately mile post 0.33;work defined as"construction'in the BARS Manual,Page II-63,et seq,is determined to be necessary and proper;and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Removing the existing undersized culvert to improve fish passage and increase safety by reducing roadway flooding concerns. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County. (RCW 36.77.060 and/or RCW 26.77.065) BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: 6$ 0.000 Right of Way $10.000 Construction43$ 0,000 The County Road project herein described is HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq. ADOPTED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty,Chair ATTEST: Sharon Trask,Vice Chair Melissa Drewry,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Tim Whitehead, Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ.It: Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor): Mason County Public Works Commissioners Resolution Number: CRP 2022 Uncle John's Creek Upper Culvert Replacement Project(s) Number(s), and Name(s): 19-1635 RST, Uncle John's Creek (Upper) Fish Barrier Correction This resolution/authorization authorizes the person identified below (in section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. The County Engineer is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (S) designate a project contact(s)to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: http://www.rco.wa.ciov/documents/manuals&forms/SampleProjAgreement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity(as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s)with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 12. This resolution/authorization is deemed to be part of the formal grant application to the Office. 13. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This application authorization was adopted by our organization during the meeting held: Location: Mason County, WA Date: Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Prosecuting Attorney Date Chairperson Date Washington State Attorney General's Office Approved as to form a 'f_ 1/19/18 Assistant Attorney General Date Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor): Mason County Public Works Commissioners Resolution Number: CRP 2023 Uncle John's Creek Lower Culvert Replacement Project(s) Number(s), and Name(s): 19-1634 PLN, Uncle John's Creek(Lower) Fish Barrier Correction This resolution/authorization authorizes the person identified below (in section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. The County Engineer is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: http://www rco wa gov/documents/manuals&forms/SampleProiAgreement pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 12. This resolution/authorization is deemed to be part of the formal grant application to the Office. 13. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This application authorization was adopted by our organization during the meeting held: Location: Mason County, WA Date: Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Prosecuting Attorney Date Chairperson Date Washington State Attorney General's Office Approved as to form 4m-el— 1/19/18 Assistant Attorney Generat Dote Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor): Mason County Public Works Commissioners Resolution Number: CRP 2024 Dayton Creek Culvert Replacement Project(s) Number(s), and Name(s): 19-1633 RST, Dayton Cr.— Highland Rd Culvert Replacement This resolution/authorization authorizes the person identified below (in section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. The County Engineer is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s)to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: http://www rco wa gov/documents/manuals&forms/SampleProiAgreement pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity(applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 12. This resolution/authorization is deemed to be part of the formal grant application to the Office. 13. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This application authorization was adopted by our organization during the meeting held: Location: Mason County, WA Date: Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Prosecuting Attorney Date Chairperson Date Washington State Attorney General's Office Approvedas to form a '. 1/19/18 Assistant Attorney General Date Goldsborough Watershed Uncle Johns Creek - Agate Loop Rd. (MP 0.64 and MP 1 .02) FBRB Watershed Pathway Grant Program 2019-2021 --------------- SCARLET RD I 1 BAYVIEW DR I � p ---- J� LU DANIELS _ Q o e� UnG�e LOOP RD w �RD CRP 2022 1 Greek CO a CRP 2023 Campbet RD CRESTVIEW DR WOOD,LN cc pz �' f LEEDS DR J CO LU NJ _J } _J m = m_ WqL M KER'O•q,Qk z < r o�GPN J O Z D p z M RD o � N ARCADIA Legend Miles g 0 0.25 0.5 1 1.5 2 0 Culvert Replacement Project Private Road Stream (NHD) City of Shelton Road Unnamed Stream (NHD) State Highway County Road �__ County Boundary Mason County Public Works Department 6/29/2018 Goldsborough Watershed Dayton Creek - Highland Road (MP 0.33) FBRB Watershed Pathway Grant Program 2019-2021 --------------- , DAYTON TRAILS DR I , f�, .., ., /� p,\RPOR I, - k �O� QST ,J G ----------- LAPU'ST Cn - SHELTON MAIL CRP 2024 1 G 1 �0 �\ e U- �ee/f z °t°U V Gofa i° 0 N r _ Awl, ° RELIER•R0 ®�k N Legend Miles g 0 0.25 0.5 1 1.5 2 0 Culvert Replacement Project Private Road Stream (NHD) County Boundary Unnamed Stream (NHD) County Road Mason County Public Works Department 6/29/2018 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: July 2, 2019 Agenda Item #/(3 Commissioner staff to complete) BRIEFING DATE: 6/3/2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public Hearing to consider the sale of the following parcels: 32232-52-08021 — E. Port Townsend Street, Union, and 32021-56-01013, E. Panorama Drive. BACKGROUND: 1) Parcel 32232-52-08021, E. Port Townsend Street, Union was declared surplus to the needs of the County in 2014 via resolution 71-14. The Board has received an offer from Neil and Julie]ones. 2019 assessed value: $38,435 Current offer: $20,500 2) Parcel 32021-56-01013, E. Panorama Dr. is considered tax title and an attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) all three parcels can be sold by direct negotiation within twelve months of the attempted auction. 2019 assessed value: $8,750 Taxes due: $1368.04 Current offer: $4,000 **On June 20, 2019 Richard Beckman asked to continue the hearing for this parcel until July 16, 2019 due to feasibility. RECOMMENDED ACTIONS: 1) Approval to sell surplus parcel 32232-52-08021 in the amount of$20,500 to Neil and Julie Jones. 2) Approval to table the hearing for the sale of parcel 32021-56-01013 until July 16, 2019. ATTACHMENTS: Purchase and Sale Agreement Resolution 71-14 2019 Assessment Resolution I:\Property Mng\Property Offers&Negotiations\32232-52-08021 -E Pt.Townsend St\Action for hearing.doc Authantlsign 10:CDA473BA-AFF1.4C35-9$A0-BCOBBD47100A pE/�M` Form 25 • ®Copyright 2017 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: June 05,2019 MLS No.:1409947 Offer Expiration Date: 6/12/2019 2. Buyer: Neil C Jones Julie I Jones A married couple Buyer Buyer Status 3. Seller: Mason County i Seller seller Ves, 4. Property:Legal Description attached as Exhibit A. Tax Parcel No(s).: 322325208021 6/1012019 0-XXX E Port Townsend Street Union R$on WA 98592 Address city Countyf�' State Vp 5. Purchase Price: t Dollars `a� 6. Earnest Money:$ 1,500.00 EJ Check; ❑Note;❑Other (held by❑Selling Firm;1121 Closing Agent) 1 7. Default:(check only one)8 Forfeiture of Earnest Money;❑Seller's Election of Remedies o� �q 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Colleen Reamer Company Individual(optional) 10. Closing Date: 6/28/2019 ; Possession Date:®on Closing;❑Other 11. Services of Closing Agent for Payment of Utilities:❑Requested(attach NWMLS Form 22K);®Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer,d prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑is;Eff is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:❑must be subdivided before :9 is not required to be subdivided 15. Feasibility Contingency Expiration Date:lid 14 days after mutual acceptance;❑Other 16. Agency Disclosure: Selling Broker represents: Off Buyer; ❑Seller;❑both parties;❑neither party Listing Broker represents: ld Seller; ❑both parties 17. Addenda: 35F(Feasibility) 35E(Escalation) 34(Addendum) Buyer will pay in cash at closing. Authenlis*rr Authentist ns e 06/05/2019 r 06/0712019 Date It—Selle s SlgnaWM201911:04:54 PM PDT -- law 06/05/2019 nl BuyW§TFj11b MW AM PDT Date Sellers Signature Date 140 E BALLANTRAE DR Buyers Address Seller's Address Shelton WA 98584 City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. njones@joneszone.com Buyers E-mail Address Sellers E-mail Address RE/MAX Top Executives 9971 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jeremy Morse 115627 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)427-6117 (360)490-3215 (360)432-0103 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. ABarneshomes@gmail.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address Jeremy@JeremySellsReaity.com richard@richardbeckman.com Selling Brokers E-mail Address Listing Brokers E-mail Address 131168 18204 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Beckin Form 36 t 1 ©Copyright 2011 Counteroffer Addendum b**Gw- Northwest Multiple Listing Service Rev.8/11 ALL RIGHTS RESERVED Page 1 of 1 COUNTEROFFER ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT All terms and conditions of the offer(Real Estate Purchase and Sale Agreement)dated June 05,2019 1 concerning xxx E Port Townsend St Union WA 98592 (the"Property"), 2 Address city State Zip by,Mason County as Seller 3 and the undersigned Neil C Jones and Julie I Jones as Buyer 4 are accepted, except for the following changes. 5 Id The Purchase Price shall be$ 20,500.00 Twenty Thousand Five Hundred Dollars 6 7 ❑ Other. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This counteroffer shall expire at 9:00 p.m. on (if not filled in, two days after it is delivered), 27 unless it is sooner withdrawn.Acceptance shall not be effective until a signed copy is received by the counterofferor, 28 their broker or at the licensed office of their broker. If this counteroffer is not so accepted, it shall lapse and the 29 Earnest Money shall be refunded to Buyer. 30 All other terms and conditions of the above offer are incorporated herein by reference as though fully set forth. 31 06/07/2019 S19YAW911:04:50 PM PDT Date Signature Date T ee�counteroffer is accepted. vee le06/10/2019 Cr gMt@JW:14 AM PDT Date Si nature I Date Authen laign ID:COA473BA•AFF1-4C313-99AC-BCDBBD471DOA Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans,the sale of other 3 property,gifts,retirement,or future earnings,except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent.If Buyer delivers the Earnest Money to Selling Broker,Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 7 whichever occurs later.If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 14 Money shall be deposited into the Housing Trust Fund Account Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid,the 16 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement,a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form,a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice,Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 34 Agent includes a Selling Firm holding the Earnest Money.The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer,shall be paid or discharged by Seller on or before Closing.Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title.If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued,shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances,be refunded to the Buyer, less any unpaid costs described in this Agreement,and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 osinj Agent shall close the IFnsa tion on the next day tha nSaturday.Sunday. leaal holiday,or day when the 60 Nei 06105/2019 ' 06/05C2o19 06/07/2019 Buyer's Initials Date Buyer's Initials Date elle s Initials Date Seller's Initials Date Auftntlsign ID:CDA473BA-AFF7.4C3$-98AO•BCDB80471DOA Form 25 @Copyright 2017 Vacant Land Purchase s Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m.on the Possession Date.Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seiler has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange.If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses(including attorneys' fees and 69 costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report,appraisal charge and lender's title insurance, unless provided otherwise in this Agreement.If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due,or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seiler shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents,appraisers,title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 1. Seller Citizenship and FIRPTA.Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct.Seller shall execute a certification(NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA,Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers)must be in writing.Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller,by Listing Broker,or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seiler must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document)shall constitute delivery when:(i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement;or(ii)Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail(an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 le 1 holiday as defined in C 1.16.050, the specified period of time shall expire on the next day that is not a 117 aturr y, Sunday or legal ho ny specified period of 5 days or less, except for any time period relating to the 118 Meg 06/05/2019 a `� 06105/2019 06/07/2019 Buyers Initials Date Buyers Initials Date r' Ini yrs Initials Date AUUMUslgn to:CDA473DA-AFFt-4036-98AO-SCDBBD471DOA Form 25 ®Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date,shall not include Saturdays,Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date,which, if it falls on a Saturday, 120 Sunday,legal holiday as defined in RCW 1.16.050,or day when the county recording office is closed,shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 1. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment.Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision,as identified in Specific Term No.7,shall apply: 135 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a)keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b)bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or(d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other conceming this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer.Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted,it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer.Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker,or at the licensed office of the other party's broker.If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm,then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any)representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any)representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency.' 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s)and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). in any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 [,Nv]e; 06105/2019 1Y9j1-- 06105/2019 IjZ/�(� 06/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentillyn ID:CDA4738A-AFF1-4C36-98A"CDB8D471 DOA Form 25 ®Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future)and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water,sewer or other special districts in 179 which the Property is located. Buyers inquiry should include,but not be limited to:building or development moratoriums 180 applicable to or being considered for the Property;any special building requirements,including setbacks,height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit;sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right,from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf.If the Buyer does 1g0 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Eamest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property;provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided,Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Eamest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance.if Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer,and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker, in 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or govemmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 [sel] 06/05/2019 IYJYI 06/05/2019 1XN1 06/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authent13ign ID;CDA473BA-AFFt-4C36-9BAO-BCDBBD471DDA {t0 * Form 35F ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated June 05,2019 1 between Neil C Jones Julie I Jones ("Buyer") 2 Buyer Buyer and Mason County ("Seiler") 3 Seller Seller concerning 0-,x," E Port Townsend Street Union WA 98592 (the"Property"). 4 Address City stale Zip Feasibility Contingency. Buyer shall verify within 14 days(10 days if not filled in)after mutual acceptance 5 (the "Feasibility Contingency Expiration Date")the suitability of the Property for Buyer's intended purpose including, 6 but not limited to,whether the Property can be platted,developed and/or built on (now or in the future)and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer.Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county,and water,sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property;any special building requirements,including setbacks,height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area;road,school,fire and any other growth mitigation or impact fees that must be paid;the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges;and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency,to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 1 I I 06/05/2019 ' ' `l 06/05/2019 I��IJ 06/07/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Sellers Initials Date i Authentisign ID:CDA473BA-AFF1.4c3e,g8Ag.BCDBBD471DDA ++ RERE/M� Form 35E ©Copyright 2015 Escalation Addendum Northwest Multiple Listing Service Rev.7/15 •' ALL RIGHTS RESERVED Page 1 of 1 ESCALATION ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 05,2019 1 between Neil C Jones Julie I Jones ("Buyer') 2 Buyer Buyer and Mason County ("Seller') 3 Seller Seller concerning 0-a%x E Port Townsend Street Union WA 98592 (the"Property"). 4 Address city State Zip NOTICE TO BUYER: By including this Addendum in the Agreement, you agree to have your purchase price 5 increased if Seller receives an equal or higher offer from another buyer(the"Competing Offer').This Addendum does 6 not assure that the Competing Offer used to establish your purchase price will, in all ways, be comparable to yours. 7 You are cautioned to offer no more than you are willing to pay for the Property.You are further advised that Seller or 8 Sellers broker(s)may disclose the terms of your offer,including this Addendum,to others. 9 1. PURCHASE PRICE. If Seller receives a Competing Offer for the Property prior to accepting this offer, with a 10 Net Price equal to or greater than the Net Price of this offer, then the Net Price of this offer shall be 11 increased to$ 500.00 more than the Net Price of the Competing Offer. In no event, however, shall the 12 new purchase price of this offer exceed$ 21,350.00 The term"Net Price"means the stated purchase 13 price(or the maximum price if the Competing Offer contains a price escalation clause)less any price adjustments 14 such as credits to Buyer for closing costs. 15 2. COMPETING OFFER.A Competing Offer must be a bona fide, arm's length, written offer on NWMLS or similar 16 forms, containing all material terms necessary for an enforceable agreement which (a) requires the full purchase 17 price to be paid in cash at closing; (b) provides for closing no later than days(60 days if not filled in) 18 from the date of this offer;and(c) is not contingent on the sale of the buyer's property(i.e.no NWMLS Form 22B 19 or equivalent). A Competing Offer may include other conditions, such as a buyer's pending sale of property 20 contingency(i.e.NWMLS Form 22Q or equivalent). 21 3. SELLER'S ACCEPTANCE. Seller's escalation of this offer shall not be effective unless it is accompanied by 22 a complete copy of any Competing Offer used to escalate the purchase price, including any escalation 23 provision. 24 4. NEW PURCHASE PRICE WORKSHEET.The following formula is provided to assist the parties in calculating the 25 new purchase price. The worksheet can only be completed when the purchase price of the Competing Offer is 26 known. The accuracy or completeness of the calculation shall not render this Agreement unenforceable, and to 27 the extent the following calculations are inconsistent with the escalation provisions above, the escalation 28 provisions shall control. 29 Purchase Price of Competing Offer $ 30 (or the maximum purchase price of the Competing Offer if it contains an escalation provision) Less Credits to Buyer in Competing Offer $ 31 Competing Offer Net Purchase Price $ 32 Plus Escalation Amount(this offer) $ 33 Plus Any Credits to Buyer(this offer) $ 34 New Purchase Price(this offer) $ 35 Ne� 06/05/2019 19—syl 06/05/2019 INNI 06/07/2019 Buyers Initials Date Buyers Initials Date Sellers Initials Date Seller's Initials Date Authentiatgn ID:CDA473BA-AFF/-4CW98AO-BCDSBD471DOA Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 06-05-2019 1 between Neil C Jones Julie I Jones (°Buyer")2 Buyer Buyer i and Mason County ("Seller)3 Seller saner concerning 0-xxxE Port Townsend Street Union WA 98592 (the"Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1.This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement,in an open public meeting. 7 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3.Escrow shall be Mason County Title and Escrow,Colleen Reamer. 9 4.Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed,per RCW 36.35.130. 11 6.Buyer shall pay all current and past due Association dues. 1213 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8.Commissioner Randy Neatherlin will sign for Mason County. 16 9.Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 [Nei] 06/05/2019 [Y311 06/05/2019 [--IN 06/07/2019 - ] Buyers Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Aulhentis{yn ID:CDA473BA-AFFl-4C36-gB "CDBBD471 DOA EXHIBIT"A" LEGAL DESCRIPTION Order No.: 122428 Lots twentyone(21)to twentyeight(28), both inclusive,Block eight(8),Grays Harbor and Union City Railroad Addition to Union City,Volume 2 of Plats,page 1, records of Mason County,Washington. Parcel No.32232 52 08021 LNej] 06/05/2019 �' ' 06/05/2019 06/0712019 i RESOLUTION NO. DECLARATION OF SURPLUS PROPERTY AND APPROVAL OF SALE WHEREAS,Mason County owns the real property listed and legally described in Exhibit:A,A(ached hereto, and WHEREAS, certain parcels of the property are tax,title property with delinquent property tax,penalties, interest and expenses:owing,and WHEREAS,other parcels were acquired for various purposes,and WHEREAS,the Board of County Commissioners upon the recommendation of the Property Manager and Property Management Committee has determined that the property is surplus to the needs of the County; and WHEREAS,the Mason County Board.of Commissioners,on December Sth,2014, held a public hearing during which members of the public were able to testify before the Masan County Board of Commissiorrers regarding the property,the proposed declaration of surplus and.sale.. NOW, THEREFORE, BE IT FURTHER RESOLVED,by the Mason County Board of Commissioners that the real property described in Exhibit A,attached hereto, is declared surplus property and the Property Manager is authorized to offer all of said property for sale,first by the County's Real Estate professional and, as necessary by any of the several means authorized by Mason County Cade 3,40, List prices are to be recommended by the County Real Estate professional and approved by the.County Commissioners. The County Commissioners may adjust-these prices upon receiving neve information from the County Real Estate professional. The final selling prices are to be approved by the Board of County CoTnmissioners;and BE IT FURTHER RESOLVED,that the proceeds of the saleof said property are to be dedicated first to any delinquent property tax obligations and related penalties,expenses and assessments;and next to reimbursement of the Facilities and Parks.fund for expenses of the Property Manager; and finally to the Reserve for Accrued Leave:Fund. DATED this. day of 2014. ATTEST:. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASH1.NOTON. ai6lrie'Almanzor, Clerk of the B d Ran Neatherlin, Commissioner APPROVED AS TO FORM: � {--- Tim Sheldon:, Commissioner Tint Whitehead, Deputy Prosecuting Terri Jeffreys, ai Attorney Assessor Auditor Treasurer Property Manager EXHIBIT A SURPLUS PROPERTY November 3, 2014 Parcel Number Address or Legal Description Land Size Value 1 32105-50-33004 UNION - MCREAVY'S 3RD BLK: 33 7 acres Needs LOTS: 4-16 &ALL BLKS 34-40 INC assessme nt 2 32019-56-24005 Needham and Days N1/2tract D, lot in .15 $7,500 City of Shelton 3 42212-50-01051 Lot off 101 in Hoodsport. Block 1, Lots 0 $760 51-55 EX 4 22206-53-00040 70 NE Firwood Place,Tahuya 0 $900 5 12209-34-00060 TR 6 OF SE SW. Classified as .26 $7,200 Transportation. Quail Hill Road Right of Way, Belfair. Uneconomic R. 6 12220-50-80901 ALLYN BLK: 80 VAC PTN SHERWOOD ?? 0 AVE 10' wide AD] Lot: 6 1/4 interestADJ LOT: 6 - 1/4 INT No Map available 7 42212-51-10903 Hoodsport mcReavy add block 10 tract ?? 0 4 No map or information 8 42212-51-10901 HOODSPORT - MCREAVY'S ADD BLK: ?? $500 10 TR 4 1/2 INT. No map available 9 42024-13-00480 Property under 101 overpass behind .27 $265 Miles Sand and Gravel 10 61930-51-00001 Lot 1 Riverhaven, near Decker Creek, 0 $90 Schafer Park Rd 11 32205-75-90010 1560 NE Hahobas Dr Tahuya, Dump site 3.05 $34,400 and clean up acres 12 32018-52-01902 REED'S ADDITION TO SHELTON BLK: .04 $375 1 LOT: 9 S 125' EX E 45' OF Long narrow property in Shelton- Useless 13 22035-23-00000 GOVT LOT 1 1/144TH INT. No Map 29 acres $1285 14 12118-22-00011 Uneconomic Rem. Off Grapeview loop .5 acres $7,020 road. Possible RV site? 15 12118-22-00012 Uneconomic Re.off Grapeview Loop .36 acres $8,775 Road 16 12207-34-60020 Off Rasor Road, logged in 2014 5 acres $45,500 17 12220-34-00080 Off Grapevie Loop Road, Uneconomic 1.9 acres $20,800 Rem -waterfront 18 22002-75-00170 1210 E Deer View Circle, Harstine Island 1 5 acres $52,000 Dump site 19 22005-30-02323 No results 20 22005-55-00007 91 E Wilchar Blvd—hulk mobile home ? $5,000 21 22005-55-00008 91 E Wilchar Blvd—hulk mobile home ? $5,000 22 22005-55-00009 91 E Wilchar Blvd—hulk mobile home ? $39,665 23 22129-24-6000 Land on SR3 by Pickering Intersection 2.5 acres $15,750 24 22129-75-90092 Anthony Road junk yard, needs clean 1.04 $15,300 up acres 25 22129-75-90093 Anthony Road junk yard, needs clean 1.03 $15,300 up acres 26 22213-11-60030 Near Rasor Road, Access issue, logged 26 acres $65,000 in 2014 27 32105-50-23000 McReavy Road vacant land, adjacent to 9 acres $54,720 transfer station 28 32105-50-33004 McReavy Road vacant land, adjacent to 7 acres No transfer station estimate 29 32232-52-08021 Lot next to Union Park .6 acre $6,440 30 52024-41-00000 NE SE EX SEE SURVEY 1/233 Little 6.5 acres $14,650 Egypt Rd 31 52024-41-00030 N1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 32 52024-41-00040 S1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 33 52024-41-00050 S1/2 S1/2 NE SE SEE SURVEY 1/233 10 acres $12,500 Little Egypt Rd 34 61936-41-00040 On Cloquallum Road, almost in GH .96 acres $4,095 County TerraScan TaxSifter-Mason County Washington Page 1 of 1 MASON COUNTY F / WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(Q) Patti McLean Mason County Assessor 411 N 5TH ST Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32232-52-08021 Owner Name: MASON COUNTY SURPLUS PROPERTY DOR Code: 91 - Undeveloped-Land Addressl: MASON COUNTY COURTHOUSE Situs: Address2: 411 N STH ST Map Number: City,State: SHELTON WA Status: EXEMPT FULL YEAR Zip: 985843400 Description: UNION-GRAYS HARBOR&UCRR ADD ELK: 8 LOTS: 21-28 Comment: 2019 Market Value 2019 Taxable Value 2019 Assessment Data Land: $28,4051 Land: $0 .District: ( 0350-Tax District 0350: Improvements: $10,030' Improvements: $0� Current Use/DFL: No Permanent Crop: $01 Permanent Crop: j $01 ;Total ��..T $38,435j1 Total $01 Total Acres: 0.60000; Ownership Owner's Name Ownership MASON COUNTY 0% MASON COUNTY SURPLUS PROPERTY 100% I Sales History Sale Date sales Document #Parcels 1 Excise# Grantor Grantee Price 10/18/90 517029 1 TM 199009397 IMARCEL P FASSIO ET UX MASON COUNTY $OS Historical Valuation Info Yearl Billed Owner Land I Impr. Permcrop Value Total j Exempt 1 Taxable j 2019 ,MASON COUNTY SURPLUS PROPERTY 1 $28,4051 $10,030 $0" $38,4351 $38,4351 $0':. 2018 MASON COUNTY SURPLUS PROPERTY $28,4051 $9,775; $0 $38,1801 $38,1801 $0 2017 !MASON COUNTY SURPLUS PROPERTY $25,750€ $8,500! $0 $34,250; $34,2501 $0 j 2016 1 MASON COUNTY SURPLUS PROPERTY M$26,5-45 $8,5001 $0 $35,04 5$35,0451 $0 r 2015 j MASON COUNTY SURPLUS PROPERTY i $26,545' $8,500; $0 $35,045; $35,0451 $0 View Taxes Parcel Comments No Comments Available Property Images No images found. 1.0.6927.19068 Data current as of:6/25/2019 4:21 PM TX_Ro11Year_Search:2019 https://property.co.mason.wa.us/Taxsifter/Assessor.aspx?keyld=3481014&parcelNumber=... 6/26/2019 RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the real property parcel #32232-52-08021, located on E. Port Townsend Street, Union, WA that was declared surplus by Resolution No. 71-14 at a public hearing on December 9, 2014; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$20,500 from Neil and Julie Jones, and a public hearing was held on July 2, 2019 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that the property described above (parcel #32232-52-08021) is approved at the price of $20,500 to Neil and Julie Jones; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 2nd day of July, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Vice-Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner On Thu, Jun 20, 2019, 9:32 AM Melissa Drewry <MDrew!yV co.mason.wa.us> wrote: Since I have a hearing already set and have paid for advertising, I will continue that portion of the hearing. If it's just two weeks I can continue it to July 16th. Let me know if that sounds good. Thanks, Melissa >>> Richard Beckman <richardCcbrichardbeckmanrealtygroup.com> 6/20/2019 9:10 AM >>> The buyer on 160 Panorama has not waived their feasibility. Is it possible to push it back a week or two? There is no guarantee the buyer will close on this parcel. Richard Beckman Download my mobile app! http://www.homesnap.com/Richard-Beckman-1 It also works on a desktop! Designated Broker Richard Beckman Realty Group, LLC and Property Management 360-358-5567 Office In everything we do, we believe in challenging the status quo, we believe in thinking differently. The way we challenge the status quo is by making our product, beautifully designed homes, simple to view. We just happen to sell great homes. Want to buy one?