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2019/07/15 - Briefing Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of July 15, 2019 Monday, July 15, 2019 Commission Chambers 9:00 A.M. Thurston Mason Behavioral Organization — Mark Freedman 9:15 A.M. Support Services — Frank Pinter 9:45 A.M. Community Services — Dave Windom 10:00 A.M. BREAK 10:10 A.M. Public Works — Loretta Swanson Utilities & Waste Management 10:45 A.M. Juvenile Court Services — Jim Madsen 11:00 A.M. Sheriff's Office — Chief Spurling Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 07/11/19 at 10:47 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF July 15, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. Issa MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mark Freedman, TMBHO DEPARTMENT: Thurston-Mason BHO EXT: 360-763-5791 BRIEFING DATE: July 16th, 2019 PREVIOUS BRIEFING DATES: NA If this is a follow-up briefing, please provide only new information ITEM: Approval of the second amendment to the Interlocal Agreement (ILA) between Mason County and Thurston County which formed the Thurston-Mason Behavioral Health Organization (TMBHO). EXECUTIVE SUMMARY (If applicable, please include available options and potential solutions): The original ILA was executed September 15, 2015; the first amendment was executed May 2017. The purpose of this second amendment is to be in compliance with the 2019 Legislative session, E2SSB 5432, which eliminates the Behavioral Health Organization and its subsequent management of Medicaid payments for behavioral health services. Senate Bill 5432 allows for the formation of a Behavioral Health Administrative Service Organization for Non-Medicaid services, with a priority for crisis care. BUDGET IMPACT: This ILA does not have an impact on Mason County General Fund. ATTACHMENTS: Second Amendment to Interlocal Agreement between Thurston and Mason County for Behavioral Health Services. Briefing Summary 7/11/2019 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THURSTON COUNTY AND MASON COUNTY FOR BEHAVIORAL HEALTH SERVICES THIS SECOND AMENDED INTERLOCAL AGREEMENT, is made and entered into by and between Thurston County and Mason County, herein after collectively referred to as the "Counties or County," under the authority of the Interlocal Cooperation Act, chapter 39.34 RCW, for purposes hereinafter stated. WHEREAS, the Counties entered into an Interlocal Agreement on September 15, 2015 establishing the Thurston-Mason Behavioral Health Organization ("TMBHO"); and WHEREAS, the Counties entered into a First Amended Interlocal Agreement on May 9, 2017, adding language to the Interlocal Agreement stating that the Counties intend to organize the TMBHO as a limited liability company; and WHEREAS, Section 12 of the Interlocal Agreement provides that the Agreement may be amended at any time by the written approval of the Counties; and WHEREAS, the State of Washington 2019 Legislature passed E2SSB 5432 removing behavioral health organizations and establishing behavioral health administrative services organizations ("BH-ASO") by Counties as a separate legal entity with its own staff; and WHEREAS, Counties may elect to establish a behavioral health agency as a separate and distinct entity under the same governing board as the BH-ASO. NOW, THEREFORE, the Counties agree that their Interlocal Agreement executed on September 15, 2015 and amended on May 9, 2017, shall be amended as follows: 1. Section 1 shall be amended as follows: The purpose of this Agreement is to operate a behavioral health administrative services organization ("BH-ASO"), by contracting with the Health Care Authority to and to perform the functions and exercise the powers of a BH-ASO, as provided in RCW 71.24.100(1), as now exists or may hereafter be amended. To enter into contracts and collaborative agreements with Managed Care Organizations ("MCO") to provide behavioral health services to residents of the Thurston-Mason Regional Service Area. To operate as a state licensed behavioral health agency, Olympic Health and Recovery Services ("OHRS") and provide designated crisis responder services, initial crisis services, criminal diversion services, hospital reentry services and criminal reentry services as authorized by RCW 71.24.100 (4), as now exists or may hereafter be amended as well as other direct treatment services not funded by the BH-ASO as directed by the BH-ASO Governing Board ("Governing Board"). For purposes of administrative efficiency and for the purpose of establishing separation between administrative services and direct behavioral health services, the Governing Board may form additional limited liability companies or other licensed entities to perform one or more of the functions set forth in this section. For purposes of this Agreement, all references to Thurston-Mason Behavioral Health Organization ("TMBHO") shall now be amended to be replaced by Thurston Mason Behavioral Health Administrative Services Organization (TM- BH-ASO) as of January 1, 2020. This Agreement authorizes Thurston and Mason County to delegate the designation of the Designated Crisis Responders to the TMBHO/BH-ASO. This Agreement authorizes and approves amendments to the Operating Agreement of Thurston Mason Behavioral Health Organization, LLC, that correspond to this Agreement. 2. Section 3 shall be amended as follows: 3. ORGANIZATION b. The TMBHO/BH-ASO Governing Board shall appoint and provide oversight of the function of the TMBHO/BH-ASO Chief Executive Officer and the Olympic Health and Recovery Services Chief Operating Officer. The Governinq Board will provide oversight of the TMBHO/BH-ASO Administrative Service Organization and the Olympic Health and Recovery Services. c. The powers of the Governing Board shall be those necessary to transact the business of the TMBHO/BH-ASO and OHRS, including but not limited to: i. Sbjec;to sectien 3.f -Hiring, evaluating and terminating the TMBHO/BH-ASO Chief Executive Officer ii. Reviewing, modifying, approving and adopting policy and procedures developed and presented by the TMBHO/BH-ASO CEO, the Governing Board or the OHRS COO. iii. Reviewing, modifying, approving, and adopting TMBHO budgets and contracts developed and presented by the TMBHO/BH-ASO CEO or OHRS COO; iv. Reviewing, modifying, approving and adopting service delivery plans and operating plans developed and presented by the TMBHO/BH- ASO CEO or OHRS COO, V. Adopting TMBHO/BH-ASO bylaws, TMBHO/ASO Operating Agreement and approving amendments, alterations or repeals of the TMBHO/BH-ASO. Any such bylaws shall be consistent with this Agreement and shall be binding on each County. d. Chief Executive Officer and Chief Operations Officer: Sub}eGt te Sen+lnn 34 heroin the TMBHO/BH-ASO CEO and OHRS COO will be responsible for ensuring compliance with all applicable statutes, rules, regulations, policies, bylaws and contract provisions. f. Administrative Services Organization Entity: The Goveming Beard As the Administrative cervine Organization fer the TMBHO/BH-ASO, ThUFsten County is responsible for maintaining mental health and substance use disorder services and functions of a BHO as required by chapters 70.96, 70.96A, 71.05, 71.24 RCW and applicable WACs including, but not limited to, the following duties: i. Management Information System, ii. Care Management System; iii. Quality Management System; iv. Provider Service Network Management; v. Consumer Service; vi. Financial Management; vii. Service Coordination in both Counties; and viii. Grievance System. These responsibilities will end for the Medicaid eligible population on January 1, 2020 and remain in effect for the non-Medicaid crisis population thereafter. g. TMBHO Funds: TMBHO/BH-ASO funds shall be deposited with the Thurston County Treasurer who shall be the custodian of such funds, who is the designated fiscal agent. The payments frem SUGh fURds upon audit by the ThuFsten County AuditeF as pFevided for In RGVV . The Thurston County Treasurer shall establish a special fund to be designated "Operating Fund of Thurston Mason BHO." Interest on investment of TMBHO funds shall accrue for the benefit of said operating fund. Thurston County Treasurer shall establish a separate and distinct special fund to be designated "Operating Fund of the Olympic Health and Recovery Services." Interest on investment of OHRS shall be deposited with the Thurston County Treasurer under a separate and distinct fund from the TMBHO/BH-ASO funds and shall accrue interest for the benefit of said operating fund. 3. Full Force and Effect. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract shall remain in full force and effect. APPROVED on this day of , 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Chair Michael Dorcy, Prosecuting Attorney Randy Neatherlin, Commissioner oK co Mason County Support Services Department Budget Management pe, th Commissioner Administration 411 North 5 Street WA 98584 Emergency Management Shelton Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations txsr Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES July 15, 2019 • Specific Items for Review o Review Email Management Policy— Diane o June Financial Statements—Jennifer o Two offers to purchase two parcels of county surplus property- Frank • Commissioner Discussion J:\DLZ\Briefing Items\2019\2.019-07-15.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: July 15, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) June 10, 2019 ITEM: Review of the draft Email Management Policy EXECUTIVE SUMMARY: In anticipation of Mason County moving to Outlook/Exchange for our email system, Support Services drafted an Email Management Policy that was first reviewed on June 10 and was circulated to all departments. No comments have been received. Email management training was provided on June 27 by the Secretary of State's office. The revised policy proposes keeping emails in an employee's in-box for 90 days in which time the employee is encouraged to store the email in the appropriate archive folder or delete if there is no retention value. The proposed archive folders are 2 year, 6 year, 10 year and permanent. If no action is taken in 90 days, emails left in the in-box are moved to the archiving system (Retain) for 2 years. All junk and trash email will have no retention and will be purged after 90 days. RECOMMENDED OR REQUESTED ACTION: Place on agenda for Commissioner adoption. Briefing Summary 7/11/2019 MASON COUNTY Email Management Policy and Procedures Overview Recognizing that e-mail messages that meet the definition of a public record must be managed according to approved records retention periods,Mason County has implemented a process to support the proper management of e-mail records. It is the responsibility of all County employees to manage records according to retention requirements mandated by federal, state and/or local statute, grant agreement, and/or other contractual obligations and Mason County's policies and procedures. Storing every email is not the same as managing public records created and/or received as emails. Such a strategy is unlikely to be sustainable in the long run,will make it harder to locate the public records that do need to be retained and may not be the most efficient use of agency resources. Mason County supports appropriate management of e-mail messages through: • Implementation of an email archiving solutions that provides central storage and access of e-mail messages that meet the definition of a public record. • Development of user procedures and guidelines. • Training for email storage is available to all employees through the Secretary of State https://www.sos.wa.g_ov/archives/recordsmanagement/managing- emails.aspx. Please contact your department's records retention staff for assistance. Policy 1. All e-mail messages sent or received that are related to the conduct of County business must be evaluated for the function and content of the record. The f inction/content of each e-mail message should be evaluated against the following criteria of a public record: • Was the email created in the course of doing County business? • Was the email received for action? • Does the email document County activities, decisions, or actions? • Is the email mandated by statutes or regulations? • Does the email support financial obligations or legal claims? • Does the email communicate County requirements? 2. Email messages that meet the definition of a public record must be managed according to their approved retention period in their native format. https://www.sos.wa.gov/archives/recordsmanagement/local-government- records-retention-schedules---alphabetical-list.aspx 3. All email messages sent or received from a County email address will be retained for a minimum of 90 days by the County's email system. Last edited 7/11/2019 Page 1 of 2 4. Employees have 90 days from the date an email message was created or received to determine if an email meets the definition of a public record. All emails that are public records must be retained in their native format for their approved records retention period. Retention periods are based on functional use of the information contained in each message. 5. Employees shall place email messages in email storage folders for the appropriate retention period as approved by the Washington State Local Records Committee Records Retention Schedule. The email archiving system will retain email based on folder designation. It is critical to use the appropriate email storage folder. 6. 90 days after the received date, e-mails will be purged from the County's email system(Outlook). E-mails in your in-box will be retained by the county's archiving system for two years (Retain). This process will purge archived emails that have met their required retention period,trash and junk e-mails. Purged means deleted and unrecoverable. 7. In order to comply with records management requirements and the Washington State Public Records Act(RCW 42.56)email messages that meet the definition of a public record must be stored within technology systems supported by the County. The County's email archiving solution is considered the official system of record for County email messages. Requests for alternative methods for retaining emails must be submitted to the Information Technology Department for approval. 8. The creation of new Microsoft Outlook Personal Storage Table (.pst) files is prohibited. Definitions & References Public Record Information in any format,that has been made by or received by Mason County in connection with the transaction of public business. Transitory Record A public record with minimum retention value. These records can be deleted "as soon as no longer needed for agency business". They are subject to public disclosure while they exist. Non-Record Non-records may be created or maintained by County employees,but do not document the organization,functions,policies,decisions,procedures, operations,or other activities of Mason County. Records Management Requirements RCW 40.14-Preservation and Destruction of Public Records hgp:Hgpps.leg`gov/rcw/default.aspx?cite=40.14 WAC 434-662-040-PRESERVATION OF ELECTRONIC PUBLIC RECORDS Agency Duties and Responsibilities: http://apps.leg.wa.gov/WAC/default.asi2x?cite=434-662-040 WAC 434-662-150—Preservation of Electronic Public Records:Email Management hU:Hops.leg.wa.gov/WAC/default.aspx?cite=434-662-150 Last edited 7/11/2019 Page 2 of 2 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: July 15, 2019 PREVIOUS BRIEFING DATES: N/A ITEM: Mason County Monthly Financial Report: June 2019 EXECUTIVE SUMMARY: Review of Cash Balances, and Current Expense Revenues and Expenditures through June of 2019. BUDGET IMPACTS: N/A RECOMMENDED OR REQUESTED ACTION: N/A ATTACHMENTS: Mason County Monthly Financial Report: June 2019 J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2019\13riefmg Summary 7.15.2019-June 2019 Financial Report.doc �rgoN coU,�,r MASON COUNTY MONTHLY FINANCIAL REPORT JANE 2019 J:\Financials\2019 Financials\2019 June Financial Report.xlsx 1 160" Co1,NT F MASON COUNTY MONTHLY -- FINANCIAL REPORT JUNE 2019 lASJ 2018 vs 2019 Current Expense Revenue Comparison Revenue Revenue Collected % Collected Actual dif 2018 Department Name 2018 Budget Through End of Uncollected 2018 2019 Budget Through End of Uncollected %2019 vs 2019 Month Revenue Month Revenue WSU Extension $ 33,868 $ 19,906 $ (13,962) 59% $ 20,440 $ 16,286 $ (4,154) 80% $ (3,620) Assessor 8,815 528 (8,287) 6% 6,000 9,417 3,417 157% 8,889 Auditor 744,371 346,108 $ (398,263) 46% 744,371 320,467 $ (423,904) 43% (25,641) Emergency Management 156,830 - (156,830) 0% 83,207 - (83,207) 0% Facilities&Grounds - 300 $ 300 0% - 300 $ 300 0% Human Resources - 6,205 6,205 0% - 1,665 1,665 0% (4,540) Clerk 351,420 167,282 $ (184,138) 48% 308,825 191,948 $ (116,877) 62% 24,665 Commissioners 2,448 611 (1,837) 25% 824 419 (405) 51% (192) Support Services 700 - $ (700) 0% 700 1,995 $ 1,295 285% 1,995 District Court 1,003,481 548,556 (454,925) 55% 893,787 504,723 (389,064) 56% (43,833) Community Development 1,640,810 881,597 $ (759,213) 54% 1,667,81.0 924,261 $ (743,549) 55% 42,664 Parks&Trails 72,200 54,092 (18,108) 75% 42,200 17,150 (25,050) 41% (36,942) Juvenile Court Services 984,949 501,304 $ (483,645) 51% 1,026,628 546,643 $ (479,985) 53% 45,340 Prosecutor 177,793 73,821 (103,972) 42% 182,232 72,017 (110,215) 40% (1,804) Child Support Enforcement 275,503 74,375 $ (201,128) 27% 206,367 55,212 $ (151,155) 27% (19,163) Coroner 39,000 14,560 (24,440) 37% 39,000 17,460 (21,540) 45% 2,900 Sheriff 1,152,019 541,928 $ (610,091) 47% 1,164,692 550,972 $ (613,720) 47% 9,044 Indigent Defense 223,493 95,801 (127,692) 43% 204,767 107,377 (97,390) 52% 11,576 Superior Court 76,358 22,380 $ (53,978) 29% 48,550 18,618 $ (29,932) 38% (3,762) Family Court 2,500 1,088 (1,412) 44% 2,500 1,008 (1,492) 40% (80) Therapeutic Court 281,744 56,161 $ (225,583) 20% 575,241 89,438 $ (485,803) 16% 33,277 Murder Expenditures - - - 0% - - - 0% - Treasurer 23,758,359 13,535,472 $ (10,222,887) 57% 24,726,117 14,175,995 $ (10,550,122) 57% 640,523 Indirect Payments from Other Funds 3,917,846 1,512,225 (2,405,621) 39% 3,923,478 1,920,318 (2,003,160) 49% 408,093 Totals $ 34,904,507 $ 18,454,300 $ (16,450,207) 53% $ 35,867,736 $ 19,543,688 $ (16,324,048) 54% $ 1,089,388 J:\Financials\2019 Financials\2019 June Financial Report.xlsx 2 Cl) M ry t\ N LO lT 01 M N M 10 M W O LD I., C n O LO LD LD a O u Ln O to W Ln m O V O V1 to O V R V' N t0 M H . lD 01 VI Ln V LD O 1� m C w o o O O O O O O O o V m O O N -w M O w O w Ln O m w 1 O m N m N r m 01 m r, N M 1l N I 00 ti C m m O r""11 N N m M LO LD Ln N m M N M Ln . 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Q W 0 Q C C Z W O Q 1 u cc W ¢ X O XLnu N Z Ln m LL u u u a LL Ln w O z u O a u O > > z z H O z 9 a a a u n O �_ u D x vwi LL J 0 H > a F- u L- W H F- a m vV'i ~ a J -=i w U Z J 5 H Q ^ W Z u O O u W W W u u mLL ~ a a ¢ a ¢ O F 2 z H O ~ _Z O Z ~ z w O Z Z L" Z O O W O a z 2 an u o_ O u a O O O O l7 z u u L/1 Ln ¢ u vw ¢ o . 2 O > > ¢ O r w W w m W a o o w o z a z z ❑ ¢ d U z a a 2 L� w w o[ a LY Ln - v W a a ❑ v ❑ u a u ❑ _ a m u z z m H t- o. ❑ Treasurer Department Receipts Treasurer#001-260-000 2018 Budget 2018 YTD This Month %2018 2019 Budget 2019 YTD This Month %2019 GAMBLING TAX PENALTY 23,461 23,000 0% 478 0 0% REAL&PERSONAL PENALTY (965) 0% 132,917 29,617 0% PERSONAL PROP FILING PEN - (12,865) 0% - 10,761 261 0% PENALTY ON REAL&PERSONAL PRO 350,000 187,138 11,247 53% 350,000 93,516 6,083 27% FAILURE TO LIST PERSONAL PROP 14,000 1,235 (29) 9% 5,000 1,372 0 27% INTEREST&OTHER EARNINGS 300,000 272,927 55,074 91% 600,000 430,698 109,804 72% INVESTMENT SERVICEFEES(TREAS. 15,000 11,509 2,247 77% 24,000 13,089 2,250 55% INT.ON CONT.NOTES-ACCTS.HELD,S 5,000 4,380 1,045 88% 8,500 8,516 1,754 100% LEASEHOLD EXCISE TAX INTEREST - 2 1 0% - 5 2 0% EXCISE INTEREST (3,265) (3,307) 0% 50 54 38 109% INV PURCHASED INT - 28,344 31,820 0% - (4,785) 0 0% INTEREST ON DELINQUENT PR TAX 650,000 332,480 23,093 51% 650,000 393,257 42,268 61% RENTS/LEASES-DNR TRUST 21,000 81 15 0% 500,000 3,224 0 1% RENTS/LEASES-DNR TMBR TRUST 1 250,000 674,195 114,086 270% - 445,348 194,372 0% UNCLAIMED MONEY/PROCEEDS-SALES - 25,430 0 0% - 102,248 0 0% TREASURER TAX FORECLOSURE TRUST 18,000 - 0 0% 32,000 - 0 0% CASHIER'S OVERAGES AND SHORTAG 10 (41) 961 -406% 10 (348) (135) -3478% TAX DISTRIBUTION ROUNDING 10 (1) (0) -13% 10 - 0 0% MISCELLANEOUS-OTHER REVENUE - 443 0 0% - 68 0 0% ROAD DIVERSION 2,160,000 1,225,976 12,341 57% 2,160,000 1,255,967 20,812 58% SALE OF TAX TITLE PROPERTY - - 0 0% - 32 32 0% LEASEHOLD EXCISE TAX 2,500 2,540 1,224 102% 5,000 531 1,269 11% TIMBER EXCISE TAX 250,000 48,928 0 20% 53,000 53,836 0 102% DNR OTHER TRUST 2 - 15 0 0% 50 13 0 25% OTHER INT-DNR INTEREST - 26 18 0% 50 36 10 71% RENTS&LEASES/DNR OTHR TRST 1 50,000 165,427 27,752 331% 2,500 105,233 46,392 4209% SPACE AND FACILITIES LEASES 3,000 - 0 0% 4,500 - 0 0% Grand Total $23,758,359 $13,535,472 $1,675,936 57% $24,726,117 $14,175,995 $1,886,149 57% Unaudited *Benchmark for Month is 50% 4 MASON COUNTY MONTHLY FINANCIAL JUNE 2019 REPORT 2018 vs 2019 Expenditure Comparison for Current Expense Expenditures Expenditures Unexended Actual dif Department Name 2018 Budget through End of Unexended %2018 2019 Budget through End of Budget /2019 zots vs 2019 Month Budget Authority Month Authority WSU Extension 236,934 $ 84,490 $ 152,444 36% 259,872 $ 102,223 $ 157,649 39% 17,733 Assessor 1,159,421 586,611 572,810 51% 1,334,071 630,323 703,748 47% 43,712 Auditor 1,237,782 574,946 662,836 46% 1,345,142 619,422 725,720 46% 44,476 Emergency Management 291,473 192,200 99,273 66% 211,056 130,183 80,873 62% (62,017) Facilities&Grounds 1,017,601 493,585 524,016 49% 1,179,000 526,039 652,961 45% 32,455 HR/Risk Mngt 720,050 291,778 428,272 41% 738,873 332,676 406,197 45% 40,898 LEOFF 65,600 41,624 23,976 0% 65,600 38,415 27,185 59% (3,210) Clerk 895,518 419,989 475,529 47% 1,007,346 482,420 524,926 48% 62,431 Commissioners 341,240 167,701 173,539 49% 356,881 166,643 190,238 47% 1 (1,058) Support Services 514,739 197,976 316,763 38% 527,667 253,258 274,409 48% 55,282 District Court 1,127,960 529,790 598,170 47% 1,263,137 542,247 720,890 43% 12,457 Community Development 2,032,165 923,034 1,109,131 45% 2,193,111 998,052 1,195,059 46% 75,018 Parks&Trails 379,658 192,581 187,077 51% 489,787 253,826 235,961 52% 61,246 Juvenile Court Services 1,787,777 821,618 966,159 46% 1 1,867,831 839,579 1,028,252 45% 17,962 Prosecutor 1,525,057 675,586 849,471 44% 1,647,636 639,501 1,008,135 39% (36,085) Child Support Enforcement 275,503 90,428 185,075 33% 210,020 85,617 124,403 41% (4,811) Coroner 302,958 149,116 153,842 49% 310,249 157,616 152,633 51% 8,500 Sheriff 10,419,596 5,091,667 5,327,929 49% 10,667,809 5,043,195 5,624,614 47% 1 (48,472) Traffic Policing 2,160,000 1,014,345 1,145,655 47% 2,160,000 1,016,495 1,143,505 47% 2,150 Courthouse Security 167,240 79,928 87,312 48% 170,740 77,556 93,184 45% (2,372) Indigent Defense 849,360 483,728 365,632 57% 1,006,254 478,425 527,829 48% (5,302) Superior Court 855,792 416,771 439,021 49% 903,142 425,510 477,632 47% 8,740 Family Court 2,500 748 1,753 30% 2,500 1,350 1,150 54% 603 Therapeutic Court 281,744 113,495 168,249 40% 578,982 173,503 405,479 30% 60,008 Murder Expenditures 50,000 8,418 41,582 17% 50,000 13,868 36,132 28% 5,450 Treasurer 727,704 356,785 370,919 49% 806,712 400,732 405,980 50% 43,947 Non Departmental 3,845,440 1,360,484 2,484,956 3S% 3,958,247 1,356,812 2,601,435 34% (3,672) Transfers Out to Other Funds 965,950 513,299 452,651 53% 818,869 618,340 200,529 76% 105,042 Totals $ 34,236,762 $ 15,872,719 $ 18,364,043 46% $ 36,130,534 $ 16,403,830 $19,726,704 45% 531,110 Unaudited `Benchmark for Month is 50% J:\Financials\2019 Financials\2019 June Financial Report.xlsx 5 copNrr JUNE 2019 A?! Six Year Current Expense Specific Revenue Streams Comparison 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 613012019 Community Development Revenues $ 772,924 $ 765,325 $ 933,208 $ 776,568 $ 881,597 $ 924,261 Swift&Certain Revenue $ 121,485 $ 294,827 $ 76,276 14,683 15,277 8,939 Current Expense Property Taxes 5,799,014 6,098,834 6,987,747 5,534,346 5,540,388 5,802,856 Current Expense Sales Tax Only 1,729,036 2,040,209 2,034,428 2,220,007 2,423,066 2,742,266 Criminal Justice Taxes/Entitlements 601,542 587,596 610,598 643,071 710,853 735,961 Rural Sales&Use Tax Fund $ 234,839 $ 262,611 $ 269,688 $ 292,249 $ 316,974 $ 375,504 400.000 300.000 200.000 100.000 Com Srvcs-Homelessess Preven Filings 249,797 200,097 206,006 213,356 226,327 310,764 300,000 200 000 100.000 Lodging(Hotel/Motel)Tax 127,356 125,793 145,129 146,162 165,436 201,377 250000 200.000 M.E 100. 50000 .000 REET 1 Excise Tax Only 278,592 283,934 352,049 490,532 569,305 576,906 REET 2 Excise Tax Only 278,592 2839934 352,049 490,532 569,305 576,906 e0o.000 400.000 _ J:\Financiais\2019 Financials\2019 June Financial Report.xlsx 6 1COaNp�rf rte, , MASON COUNTY MONTHLY �hsa� FINANCIAL REPORT JUNE 2019 REVENUE MONTH 12018 REVENUE 2019 REVENUE DIFFERENCE JANUARY $ 372,449.24 $ 417,707.75 $ 45,258.51 FEBRUARY $ 479,665.97 $ 522,335.70 $ 42,669.73 MARCH $ 359,008.50 $ 415,075.81 $ 56,067.31 APRIL $ 336,177.46 $ 367,492.05 $ 31,314.59 MAY $ 462,937.56 $ 530,280.53 $ 67,342.97 JUNE $ 412,828.00 $ 489,373.95 $ 76,545.95 JULY $ 455,381.25 $ (455,381.25) AUGUST $ 534,629.02 $ (534,629.02) SEPTEMBER $ 525,946.26 $ (525,946.26) OCTOBER $ 528,278.70 $ (528,278.70) NOVEMBER $ 515,097.65 $ (515,097.65) DECEMBER $ 505,370.89 $ (505,370.89) TOTAL COLLECTED REVENUE $ 5,487,770.50 $ 2,742,265.79 Projected END OF YEAR REVENUE REVENUE BUDGETED $ 5,000,000.00 $ 5,225,000.00 $ 5,751,822.91 Yet to be Collected $ (2,482,734.21) ANTICIPATED INCREASE $ 526,822.91 AGE J:\Financials\2019 Financials\2019 June Financial Report.xlsx 7 CO4'YT A 1 JUNE 2019 Six Year Financial I .................. '.11....... Current Expense Recap 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 ER&R Interfund Loan Proceeds Account Receivable from Belfair Sewer 1,200,000 General Fund Operating Reserves 4,890,594 Contingency Reserve 1,000,000 Technology Replacement Reserves 200,000 Equipment&Vehicle Replacement Reserves 525,000 Accrued Leave Reserve 520,000 Current Expense Unreserved Cash 3,904,020 This Month Current Expense Cash $ 9,234,946 $ 10,277,187 $ 6,530,805 $ 5,628,578 $ 6,869,119 $ 11,039,614 Adopted Budget on December 31st 33,809,280 36,198,316 40,787,973 38,545,163 36,930,990 41,404,349 Supplemental Appropriations - - 4,950 591,099 1,035,267 250,106 Total Budget Including Supplementals 33,809,280 36,198,316 40,792,923 39,136,262 37,966,257 41,654,455 Budgeted Beginning Fund Balance 6,800,000 7,234,903 8,019,728 7,309,944 3,061,750 5,786,719 Budgeted Ending Fund Balance 5,239,165 4,315,462 4,120,994 3,196,819 3,729,495 5,523,921 Revenue Budgets 27,009,280 28,649,671 32,768,245 31,238,085 34,904,507 35,867,736 Revenues thru This Month of each year 14,933,390 16,236,750 16,867,174 18,356,551 18,454,300 19,543,688 Budgeted Revenues Received 55% 57% 51% 59% 53% 54% Expenditure Budgets 28,570,115 31,882,854 36,773,434 35,939,443 34,236,762 36,130,534 Expenditures thru This Month of each year 12,568,809 14,240,295 17,311,466 15,345,892 15,872,719 16,403,830 Budgeted Expenditures Expended 44% 45% 47% 43% 46% 45% J:\Financials\2019 Financials\2019 June Financial Report.xlsx 8 1 JUNE 2019 Special Fund Cash Balances 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 Rural County Sales&Use Tax Fund(.09) 372,376 400,898 315,344 303,689 330,662 463,702 Auditor's O&M 349,582 321,804 211,081 189,677 222,853 237,090 County Roads Fund 6,540,115 8,689,486 11,504,300 10,887,671 11,676,037 10,502,294 Paths&Trails 202,962 214,243 226,065 238,398 252,302 263,769 Election Equipment Holding 193,414 206,265 240,967 268,285 181,922 169,490 Crime Victims 266,411 250,798 228,847 225,131 219,483 176,696 Victim Witness Activities 53,016 61,333 86,502 63,439 26,740 31,207 Historical Preservation Fund 83,737 52,223 39,242 38,254 39,681 36,808 Community Support Services Fund 324,955 292,649 501,055 427,736 469,937 754,760 Abatement/Re air/Demolition Fund 264,404 266,789 264,714 267,351 271,285 276,145 Reserve for Technology Fund 51,481 133,979 91,800 173,753 177,701 92,690 REET&Property Tax Admin Asst 45,342 53,070 63,318 72,497 66,927 70,766 National Forest Safety 51,618 79,067 92,610 44,564 26,720 49,297 Trial Court Improvement Fund 68,800 92,130 57,386 69,682 94,687 103,453 Sheriff Special Funds 234,636 272,812 266,534 254,144 269,446 242,918 Public Health Fund 242,606 432,823 214,684 207,468 109,398 212,354 Law Library 88,987 85,668 78,182 85,604 79,453 73,677 Lodging(Motel/Hotel)Tax Fund 354,342 320,514 333,696 337,984 436,409 589,983 Mental Health Tax Fund 902,291 1,156,288 1,401,911 1,543,339 1,412,610 1,436,339 Treasurer's M&O Fund 93,931 127,378 116,918 140,766 143,428 165,342 Veterans Assistance 116,086 137,524 123,230 200,439 198,607 74,730 Skokomish Flood Zone 479,117 126,568 105,836 193,843 209,887 25,630 Mason Lake Management District 68,297 82,247 93,935 110,163 131,844 156,300 Island Lake Management District 3,853 11,734 15,506 21,535 22,871 25,324 Capital Improvement/Reet 1 Fund 2,475,714 670,473 629,617 949,843 1,570,926 1,868,591 Capital Improvement/Reet 2 Fund 1,063,017 1,631,506 2,065,050 2,421,062 2,525,051 2,623,395 Mason County Landfill 264,904 497,787 893,676 694,007 933,356 285,872 N.Bay/Case Inlet Utility 573,383 568,832 640,862 861,795 923,087 815,281 N.Bay/Case Inlet Utility Reserve 714 714 716 719 727 360 Wastewater System Development 3,986 3,986 3,986 3,986 3,986 3,986 Rustlewood Sewer&Water 60,913 59,332 73,197 382,672 267,297 329,330 Beards Cove Water 209,818 239,205 266,480 318,544 401,305 435,275 Belfair WW&Water Reclamation 591,824 821,860 769,094 184,146 377,698 613,861 Reserve Landfill 496,174 507,602 508,944 511,803 497,224 474,222 Reserve Beards Cove Ulid 298,717 309,552 321,511 334,106 349,902 195,303 Storm Drain System Development 286,213 280,051 166,931 57,684 63,757 184,087 Information Technology 250,239 206,623 599,552 134,427 427,988 495,125 Equipment Rental&Revolving Fund 3,012,868 5,240,542 2,281,658 3,235,595 3,782,221 1 4,228,500 Unemployment Fund 95,324 158,714 179,015 192,060 185,369 1 189,425 Totalsl $21,136,168 $25,065,069 $26,073,953 $26,647,861 $29,380,7831 $28,973,378 J:\Financials\2019 Financials\2019 June Financial Report.xlsx 9 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter/Melissa Drewry DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: 07/15/2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Two separate purchase offers on parcels 32021-56-02003 and 32021-56- 02004. Both offers are to buy the above listed parcels together. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): These parcels are Tax Title and were deeded to Mason County between 2016 and 2017. An attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) these parcels can be sold by direct negotiation within twelve months of the attempted auction. Offer 1: Received July 7, 2019 from Maureen Barta in the amount of $4,000 per parcel (total of $8,000 offered). Contingencies: 22D (Optional Clauses) 35F (Feasibility) Offer 2: Received July 8, 2019 in the amount of $7,500 from Steven & Debi Smith. Contingencies: 22D (Optional Clauses), 22T (Contingency), 35F (Feasibility) 32021-56-02003- Taxes owed as of 7/9/19 are $1,915.84 and $2,732 has been paid to Shorecrest Water. 32021-56-02004- Taxes owed as of 7/9/19 are $1,472.58 and $1,498.49 has been paid to Shorecrest Water. OPTIONS Accept one offer and set public hearing in order to sell property Counter offer(s) Refuse offer(s) ATTACHMENTS: Purchase and Sale Agreements 2019 Assessor's Valuation Briefmg Summary 7/9/2019 Authentisign ID:15A5A6B4-FBC9.4482-A2F1-3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: July 7,2019 MLS No.: 1416177 Offer Expiration Date: 07/10/2019 2. Buyer: Maureen Barta Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).:320215602003 461 E Panorama Dr Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$ 4000.00 Four Thousand Dollars 6. Earnest Money:$ 500.00 RJ Check; ❑ Note; ❑ Other (held by❑Selling Firm; 21 Closing Agent) 7. Default:(check only one) 0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Company Individual(optional) 10. Closing Date: 08/02/2019 or sooner Possession Date: A on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑Requested(attach NWMLS Form 22K); 0 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer; 0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 0 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property:❑must be subdivided before ; 0 is not required to be subdivided 15. Feasibility Contingency Expiration Date: Rll 20 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 14 Buyer, ❑Seller; ❑both parties; ❑neither party Listing Broker represents: 65 Seller; ❑ both parties 17. Addenda: 22D(Optional Clauses) 35F(Feasibility) Form 42, Form 89 A 51GK ✓ u[eett 53ada 07/07/2019 f R&LM PCT Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date Buyer's Address Seller's Address Lakebay Wa Shelton,WA City,State,Zip City,State,Zip (253)381-4480 (360)427-9670 Phone No. Fax No. Phone No. Fax No. mbarta1040*gmail.com Buyer's E-mail Address Seller's E-mail Address Windermere Chambers Bay 5998 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Finn MLS Office No. Jason G.Leyes 93100 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (253)565-1121 (253)732-3631 (253)565-1371 (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. Chambersbay@windermere.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Finn Document E-mail Address jasonleyes@windermere.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 110913 20994 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:15ASA6B4-FBC9.4482-A2F7-3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 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. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either parry fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the parry commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyers interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owners policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Sellers inability to provide insurable title. 59 ["1 07/07/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC94482-A2F1-3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&SaleVACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 pa 'es ill confirm facsimile or e-mail transmitted signatures by signing an original document. 116 07/07/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC9-0482-A2F1.3AE53B18DCCD Form 25 ©Copyright 2019 Vacant Land Purchase 8 Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other conceming this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 [A( ] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:15A5A6B4.FBC94482-A2F1-3AE53618DCCD Form 25 ©Copyright 2019 Vacant Land Purchase&SaleVACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer,less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement,all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyers satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 C- � 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC94482.A2F13AE53B18DCCD Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 461 E Panorama Dr Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. m Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. m Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. U6 Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date.Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. 0 Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ld public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; A electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A684-FBC9-4482-A2F1-3AE53B18DCCD Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days(10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners'association 61 or any other association (e.g. a "move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC9.4482-A2F73AE53B18DCCD 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 July 7,2019 1 between Maureen Barta ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 461 E Panorama Dr Shelton WA 98584 (the"Property"). 4 Address City State Zip Feasibility Contingency. Buyer shall verify within 20 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, this24 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 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15A5A6B4-FBC9.4482-A2F1-3AE53B1BDCCD Form 42 ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee, or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer Maureen Barta 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/ LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" 7 Authen6si_rr 07/07/2019 BUYER ✓fatv�. m �fNz'&49 3�kr $ Signature Date 9 Signature Date 10 Signature Date 11 Signature Date BROKER Jason Leyes 12 Print/Type Authenfisicrr BROKER'S SIGNATURE 13 7!/20193.44-19 PM PDT FIRM NAME AS LICENSED Windermere Chamber's Bay 14 Print/Type FIRM'S ASSUMED NAME (if applicable) 15 Print/Type AuthenUsign ID:15A5A6B4-FBC9.4482-A2F7-3AE53B18DCCD Form 89 ©Copyright 2010 Earnest Money Receipt Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 RECEIPT FOR EARNEST MONEY This Receipt is for Earnest Money received as part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 461 E Panorama Dr Shelton WA 98584 (the"Property").4 Address City State Zip 07/07/2019 On the undersigned received earnest money from Buyer in the amount 5 of$ 500.00 by Ed personal check ❑ cashier's checks ❑ promissory note ❑ cash 6 ❑ other( ). 7 Jason Leyes 8 Print Name 07/07/2019 Windermere Chambers Bay 9 Firm (Company) Authentisicrr � . 10 Signature Ed Selling Broker 11 ❑ Closing Agent 12 ❑ Other 13 NOTE: If the Earnest Money is cash, you must deposit it or deliver it not later than the first banking day following 14 receipt, regardless of the terms of the Purchase and Sale Agreement. 15 Authentisign ID:15A5A6B4-FBC94482-A2F13AE53B18DCCD Form 34 ©Copyright 2010 Addendum/Amendment to PSIS 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 07/07/2019 1 between Maureen Barta ('Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 461 E Panorama Dr, Shelton, WA 98584 (the"Propert)").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 12 6.Buyer shall pay all current and past due Association dues. 13 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 [A"] 07/07/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:15ASA6B4.FBC94482-A2F1-3AE53B18DCCD ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot three (3), Block two (2), Shorecrest Terrace Third Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County, Washington. Parcel No. 32021 56 02003 Abbreviated Legal: Lot 3, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02003 Purported Address: None assigned, WA C�] 07/07/2019 This page is only apart of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 AuthentisignID:42858150-AE84-4808-AEED-3941F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7119 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: July 7,2019 MLS No.: 1416182 Offer Expiration Date: 2. Buyer: Maureen Barta Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).:320215602004 441 E Panorama Dr Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$ 4000.00 Four Thousand Dollars 6. Earnest Money:$ 500.00 0 Check; ❑ Note; ❑ Other (held by❑ Selling Firm; 66 Closing Agent) 7. Default:(check only one)0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Company Individual(optional) 10. Closing Date: 08/02/2019 or sooner Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested(attach NWMLS Form 22K); 65 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer;0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; l) is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property:❑must be subdivided before ; 0 is not required to be subdivided 15. Feasibility Contingency Expiration Date: Ij 20 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer; ❑Seller; ❑ both parties; ❑ neither party Listing Broker represents: 0 Seller; ❑ both parties 17. Addenda: 22D(Optional Clauses) 35F(Feasibility) Form 42, Form 89 .Authenfis*tr 07/07/2019 l{'>�llLl�[eeft�RXtll 4t3#9�l9B?AiuPRi PDT Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date Buyer's Address Seller's Address Lakebay Wa Shelton,WA City,State,Zip City,State,Zip (253)381-4480 (360)427-9670 Phone No. Fax No. Phone No. Fax No. mbarta1040@gm ail.com Buyer's E-mail Address Seller's E-mail Address Windermere Chambers Bay 5998 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jason G.Leyes 93100 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (253)565-1121 (253)732-3631 (253)565-1371 (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. Chambersbay@windermere.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address jasonleyes@windermere.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 110913 20994 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:42B58150-AE84-4808•AEED-3941F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 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. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 • Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement,and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 ["1 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42B58150-AE84.4808-AEED-3941F6F9F1 CO Form 25 ©Copyright 2019 Vacant Land Purchase&SaleVACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m.on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating parry incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating parry that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 [KJ93] 07/07/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date AuthentisignID:42B58150-AE84-0808-AEED-3941F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date,shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 in. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 I. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Eamest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 ["1 07/07/2019 Buyers Initials Date Buyers Initials Date Sellers Initials Date Sellers Initials Date Authentisign ID:42858150-AE84.4808-AEEDJ941F6F9F1C0 Form 25 ©Copyright 2019 Vacant Land Purchase&SaleVACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyers agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Sellers Initials Date AuthentisignID:42B58150-AE84-4808-AEED3941F6F9F1C0 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 E Panorama Dr Shelton WA 98584 (the "Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. m Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowners Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. Id Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. m Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. UJ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 66 public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; Ed electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 [A"] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42658150-AE844808-AEED-3941 F6F9F1 CO Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19ALL RIGHTS RESERVED Page 2 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due,whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days(10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a "move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 78 12. ❑ Other. 79 80 81 82 83 84 85 [ �] 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:42B58150-AE844808-AEED-3941F6F9F1C0 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 July 7,2019 1 between Maureen Barta ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 E Panorama Dr Shelton WA 98584 (the"Property"). 4 Address city State Zip Feasibility Contingency. Buyer shall verify within 20 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 Seller25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 ["1 07/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:42B58150-AE84-0808-AEED-3941F6F9F1C0 Form 42 ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee, or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer Maureen Barta 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED"THE LAW OF REAL ESTATE AGENCY" 7 Authenhs cr; BUYER r.�(awceerz J93ada 07/07/2019 8 7m20giFAWcT Date 9 Signature Date 10 Signature Date 11 Signature Date BROKER Jason Leyes 12 Print/Type iAuthhenfis,cw BROKER'S SIGNATURE 13 7!!2019 3.4329 PDT FIRM NAME AS LICENSED Windermere Chamber's Bay 14 Print/Type FIRM'S ASSUMED NAME (if applicable) 15 Print/Type Authentisign ID:42B58150-AE84-4808-AEED-3941F6F9F1C0 Form 89 ©Copyright2010 Earnest Money Receipt Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 RECEIPT FOR EARNEST MONEY This Receipt is for Earnest Money received as part of the Purchase and Sale Agreement dated July 7,2019 1 between Maureen Barta ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 441 E Panorama Dr Shelton WA 98584 (the"Property").4 Address City State Zip 07/07/2019 On the undersigned received earnest money from Buyer in the amount 5 of$ 500.00 by 56 personal check ❑ cashier's checks ❑ promissory note ❑ cash 6 ❑ other( ). 7 Jason Leyes 8 Print Name [ACT] Windermere Chambers Bay 9 Firm (Company) 07/07/2019 iAuthenfiacrr !910 Sign6KW93:4330 FW PDT 66 Selling Broker 11 ❑ Closing Agent 12 ❑ Other 13 NOTE: If the Earnest Money is cash, you must deposit it or deliver it not later than the first banking day following 14 receipt, regardless of the terms of the Purchase and Sale Agreement. 15 Authentisign to:CD94283A-E24D-4C94.9794-DCOE48162484 (tF/MAx Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: July 05,2019 MLS No.: 1416182 Offer Expiration Date: 7/12/2019 2. Buyer: Steven&Debi Smith Brandon&Crystal Jennings A married couple Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215602004 320215602003 441 &461 E Panorama Drive Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$7,500.00 Seven Thousand Five Hundred Cash Dollars 6. Earnest Money:$ 1,000.00 m Check; ❑ Note; ❑Other (held by❑Selling Firm; 14 Closing Agent) 7. Default:(check only one)W Forfeiture of Earnest Money; ❑Sellers Election of Remedies 8. Title Insurance Company: Mason County Title Co. 9. Closing Agent Mason County Title Co. Company Individual(optional) 10. Closing Date: 7/31/2019 Or Sooner ; Possession Date: W on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑Requested(attach NWMLS Form 22K); 14 Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer,14 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 6d is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property:❑must be subdivided before : m is not required to be subdivided 15. Feasibility Contingency Expiration Date: W 14 days after mutual acceptance; L3Other 16. Agency Disclosure: Selling Broker represents: Rl Buyer, ❑Seller; ❑both parties; 0 neither party Listing Broker represents: Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 22T(Title Contingency) 35F(Feasibility) Form 42 Agency Disclosure Awh�ne" "h 07/05/2019 Steuen j Smuh pm�refmpg Date Seller's Signature Date Au4m*,"` 07/05/2019 .`iftandan 8igrwtwe rier2o,as98:t4AMPar Date Sellers Signature Date 461 SE Mill Creek Rd Buyer's Address Sellers Address Shelton WA 98584 City,State,Zip City,State,Zip (360)338-2322 (360)427-9670 Phone No. Fax No. Phone No. Fax No. sjsmith.remax@gmail.com Buyer's 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. Steven Smith 98306 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)427-6117 (360)338-2322 (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@RiebardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address sjsmith.remax@gmail.com richard@richardbeckman.com Selling Brokers E-mail Address Listing Brokers E-mail Address 114982 18204 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 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. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Braker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10.000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other parry within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the parry's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 $Y$ 07/05/2019 C'"1 07/05/2019 Da Rials Date �nitials Date Seller's Initials Date Seller's Initials Date 07/06/2019 07/06/2019 Authentisign ID:CD94283A-E24D4C94-9794-DCOE48162484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 parry at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement,- or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either parry, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 ISis] 07/05/2019 [33 Y] 07/06/2019 uye IniM%5/2019 Date IM11 Initi�s/06/2019 Date Sellers Initials Date Seller's Initials Date Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 I. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 cl. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other parry's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 171 S_]p07/05/2019 [XY] 07/06/2019 uye InitMi�b5/2019 DateInitials Date Seller's Initials Date Seller's Initials Date 07/06/2019 Authentisign ID:CD94283A-E24D4C94.9794-DCOE48162484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future)and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property;any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road,school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer,less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 [SYS] 07/05/2019 �� 07/06/2019 f—lug74 Iniff 5/2019 Date 1l�-Ilnitil/06/2019 Date Seller's Initials Date Seller's Initials Date Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 9F/MAX Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 1 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE& SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 05,2019 1 between Steven&Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 &461 E Panorama Drive Shelton WA 98584 (the "Property"). 4 Address city state Zip CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b) the square footage of 7 any improvements on the Property; (c)whether there are any encroachments (fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. L!J Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑ well (specify type) 29 ❑ irrigation water(specify provider) ❑ natural gas; ❑ telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 IS is] 07/05/2019 07/06/2019 f—B.yA Ini�i�l�5/2019 Date Jlniti�Y/06/2019 Date Seller's Initials Date Seller's Initials Date Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. 6d Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within 10 days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines, 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 5 days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a "move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by ❑ Buyer; 6d Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 [331] 85 $Y$ 07/05/2019 07/06/2019 W Ini15/2019 DateP11 nitials Date Seller's Initials Date Seller's Initials Date 07/06/2019 Authentisign ID:CD94283A-E24D4C94.9794-DCOE48162484 pF/MAx Form 22T ©Copyright 2015 Title Contingency Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 1 TITLE CONTINGENCY ADDENDUM TO PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 05,2019 1 between Steven&Debi Smith Brandon&Crystal Jennings ("Buyer') 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 &461 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from if the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have 5 days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 rs,s] 07/05/2019 07/06/2019 uye Initials Date Initigls 2019 Date Seller's Initials Date Seller's Initials Date 07/05/2019 Authentisign ID:CD94283A-E24D-4C94.9794-DCOE48162484 RE/Mqx 41 Form 35F • ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7110 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated July 05,2019 1 between Steven&Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 &461 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address city State 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 lid AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this24 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 SP 07/05/2019 IIJ311 07/06/2019 uyeInitb,�05/2019 Date �Initi006/2019 Date Seller's Initials Date Sellers Initials Date Authentisign ID:CD94283A-E24D-4C94.9794-DCOE48162484 Form 42 RF^ ©Copyright 2010 Agency DisclosureNorthwest Multiple Listing Service Rev.7/10 IV ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee,or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer, Smith&Jennings 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/ LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" 7 Authentis!�v 07/05/2019 Buyer rZ.J smim 8 X520,474&rgPDT Date ntis�Jic�K� 07/05/2019 Buyer r 9 '�0$9 Date AuthenfiSIGM 07/06/2019 Buyer 7162P�096r�PDT Date 10 Aulhentisic r G 07/06/2019 Buyer 11 71672079 596 Signature Date BROKER Steven Smith 12 Print/Type Authentisicrr �5� q S�� 07/05/2019q SM&A 07/05/2019 BROKER'S SIGNATURE J' 13 7152019 8:56.44 PM PDT FIRM NAME AS LICENSED RE/MAX TOP EXECUTIVES 14 Print/Type FIRM'S ASSUMED NAME (if applicable) RE/MAX TOP EXECUTIVES 15 Print/Type Richard Beckman Vacant Land Agent Detail Report Page 1 of 2 Listing# 1416182 441 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 4 BLK: 5 CMTY: Shorecrest PRJ: Shorecrest Terrace 3rd Type: Vacant Land CDOM: 115 AR: 176 TAX: 320215602004 OLP: $5,000 J: r - MAP: GRD: Internet: Yes a Gc `t„ i ; DD: Hwy 3,Right on Agate,right on FIN: ``j +• +, j' f Crestview,left on Panorama to address on LD: 03/15/2019 left. XD: 10/16/2019 OMD: 4" LAG: Richard Beckman(55681) PH: (360)790-1921 ci FAX: (360)426-1645 PH Type: Cellular ;• LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: -- CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.190 LSF: 8,276 LSZ: 70xl25x60xl2� WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way, Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191718 Marketing Remarks: This gentle sloping lot,located in Shorecrest,offers protective CCBR's,community swimming pool, saltwater access and clubhouse.This property is covered with trees and brush. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 07/08/2019- 4:11 PM Richard Beckman Vacant Land Agent Detail Report Page 2 of 2 Listing# 1416177 461 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 3 BLK: 2 CMTY: Shorecrest PRJ: Shorecrest Terrace 3rd Type: Vacant Land CDOM: 115 AR: 176 TAX: 320215602003 OLP: $5,000 MAP: GRD: Internet: Yes /n DD: Hwy 3,Right on Agate,right on FIN: is _• 4 "£v"± ', til' y';j Crestview,left on Panorama to address on LD: 03/15/2019 left. XD: 10/16/2019 :. OMD: LAG: Richard Beckman(55681) PH: (360)790-1921 �,. .F... �;.. FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 •-� rIY ; � SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.210 LSF: 9,148 LSZ: 76x127x60x13, WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach V\/TR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.Maybe subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191721 Marketing Remarks: This gentle sloping lot,located in Shorecrest,offers protective CC&R's,community swimming pool, saltwater access and clubhouse.This property is covered with trees and brush. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 07/08/2019- 4:11 PM TerraScan TaxSifter- Mason County Washington Page 1 of 2 MASON COUNTY { d WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSiFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART{0} Patti McLean Mason County Assessor 411 N STH ST Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32021-56-02004 Owner Name: MASON COUNTY DOR Code: 91 - Undeveloped-Land Addressl: MASON COUNTY COURTHOUSE Situs: Addressl: 411 N 5TH ST Map Number: City,State: SHELTON WA Status: EXEMPT FULL YEAR Zip: 985843400 Description: SHORECREST TERRACE 3RD ADD BLK: 2 LOT: 4 Comment: 2019 Market Value 2019 Taxable Value 2019 Assessment Data Land: $6 000 Land:' $0 District:trict: 0191 -Tax District 0191€ --- _ �-{ Improvements: $2,750 Improvements: $0, Current Use/DFL: No, . _. _. �... Permanent Crop: $0 Permanent Crop: $0 Total $8,750 Total $0. Total Acres: 0.19000 Ownership Owner's Name 1 Ownership% MASON COUNTY 100 Sales History Swale Sales # Date Document Parcels Excise# Grantor Grantee Price € 02/05/16 '2052163 q COLELLO,GERALD H &DARLENE MASON COUNTY $0( F GERALD H&DARLENE F COLELLO 05/02/02 '1754917 it 200261772 MERVIN L&PATRICIA BEYER H/W $17,5001 Historical Valuation Info Year Billed Owner Land Impr. PermCrop Value Total Exempt Taxable 2019 MASON COUNTY $6,000 $2,750 $0T $8,750 $8,750; $0 ____ _.._-- -•r--..____.__r 2018 MASON COUNTY $6,000', $2,500 $0 $8,500 $8,500 $0 _.. . 2017 MASON COUNTY $9,500 $2,000 $0', $11,500 $11,500 $0` 2016 MASON COUNTY $9,025 $2,000 $0', $11,025 $11,025 $0 2015 COLELLO,GERALD H&DARLENE F $8,5501 $1,860 $0( $10,410 $10,4101 $0` View Taxes Parcel Comments No Comments Available Property Images https://property.co.mason.wa.us/Taxsifter/Assessor.aspx?keyld=3 47183 3&parcelNumber=3... 7/9/2019 TerraScan TaxSifter- Mason County Washington Page 2 of 2 No images found. 1.0.6927.19068 Data current as of:7118,'2019 3:48 PM TX Rollvear Search:2019 https://property.co.mason.wa.us/Taxsifter/Assessor.aspx?keyId=3471833&parceINumber=3... 7/9/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 7/15/2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Review of Water Quality program needs and funding options. BACKGROUND: The health and economic stability of Mason County relies upon clean water. Water Quality efforts from Environmental Health staff has been primarily funded through state and federal grant projects. These funding projects have come and gone, typically in response to downgraded water quality and/or shellfish consumption illness reports. While these projects have had successes, they are reactive versus proactive to public health threats. As of June 30th, 2019, grant funding has been reduced to .5 FTE (through June 2020). This project is primarily for work within the North Bay Shellfish Protection District, which was downgraded in 2017. Mason County currently has 4 other Shellfish Protection Districts, including the recently downgraded Annas Bay in Hood Canal. Oakland Bay and Hood Canal are also designated Marine Recovery Areas. Mason County has over 180 miles of marine shoreline and over 25,000 acres of commercial shellfish growing area. The amount of shoreline sampling, public education, stakeholder collaboration, and hot spot investigation within the county far exceeds the current funding capabilities of current staffing. Mason County needs to find a sustainable funding solution for this important work that affects public health and our economy. RECOMMENDED ACTION: No formal actions at this time. General discussion and review of options. BUDGET IMPACTS: None at this time. ATTACHMENT(S): Briefing Summary 7/10/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit / Todd Parker DEPARTMENT: Community Services EXT: 404 BRIEFING DATE: 7/15/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Consolidated Homeless Grant EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Consolidated Homeless Grant (CHG) provides resources to fund homeless crisis response systems to support communities in ending homelessness. Homeless crisis response systems respond to the immediacy and urgency of homelessness and make sure that everyone has a safe and appropriate place to live. Chapter RCW 43.185c Homeless Housing and Assistance authorizes these funds. BUDGET IMPACTS: Budgeted in 2019 budget RECOMMENDED OR REQUESTED ACTION: Approval to enter into contract number 20-46108-20 with the Department of Commerce for the Consolidated Homeless Grant with a start date of July 1, 2019 through June 30, 2021 in the amount of $1,847,722. ATTACHMENTS: Contract Briefing Summary 7/3/2019 Department of Commerce Grant Agreement with Mason County Health Services through Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant (CHG) Start date: July 1, 2019 THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS Special Terms and Conditions ........................................................................................ 1 FaceSheet............................................................................................................ 1 1. Grant Management..................................................................................2 2. Compensation..........................................................................................2 3. Billing Procedures and Payment..............................................................2 4. Subcontractor Data Collection..................................................................2 5. Eligible Use of Funds.................................:.............................................2 6. Insurance................................:...............................................................2 7. Washington State Quality Award..............................................................3 8. Order of Precedence................................................................................4 General Terms and Conditions .......................................................................................5 1. Definitions................................................................................................5 2. Access to Data ........................................................................................5 3. Advance Payments Prohibited.................................................................5 4. All Writings Contained Herein..................................................................5 5. Amendments...........................................................................................5 6. Americans With Disabilities Act(ADA).....................................................6 7. Assignment..............................................................................................5 8. Attorneys' Fees........................................................................................5 9. Confidentiality/Safeguarding of Information .............................................6 10. Conflict of Interest....................................................................................6 11. Copyright.................................................................................................7 12. Disputes ..................................................................................................7 13. Duplicate Payment...................................................................................8 14. Governing Law and Venue......................................................................8 15. Indemnification ........................................................................................8 16. Independent Capacity of the Contractor...................................................8 17. Industrial Insurance Coverage.................................................................8 18. Laws........................................................................................................9 19. Licensing, Accreditation and Registration................................................9 20-. Limitation of Authority..............................................................................9 21. Noncompliance With Nondiscrimination Laws..........................................9 22. Pay Equity...............................................................................................9 23. Political Activities.....................................................................................9 24. Publicity................................................................................................. 10 25. Recapture.............................................................................................. 10 26. Records Maintenance............................................................................ 10 27. Registration With Department of Revenue............................................. 10 28. Right of Inspection......................................................................10 29. Savings.................................................................................................. 10 30. Severability............................................................................................ 10 31. Site Security.......................................................................................... 10 32. Subcontracting....................................................................................... 11 33. Survival.................................................................................................. 11 i TABLE OF CONTENTS 34. Taxes .................................................................................................... 11 35. Termination for Cause........................................................................... 11 36. Termination for Convenience...............................................:................. 11 37. Termination Procedures ........................................................................ 12 38. Treatment of Assets............................................................................... 12 39. Waiver................................................................................................... 13 Attachment A, Scope of Work Attachment B, Budget ii FACE SHEET Contract Number: 20-46108-20 Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant(CHG) 1.Grantee 2.Grantee Doing Business As(optional) Mason County Health Services N/A 415N6TH ST SHELTON,WA 98584 3. Grantee Representative 4.COMMERCE Representative Casey Bingham Kathryn Dodge 1011 Plum Street SE Fiscal Manager Grant Manager Olympia,Washington,98504- 360-427-9670 ext 562 (360)725-5072 2525 caseyba_co.mason.wa.us kathryn.dodge@commerce.wa.gov 5. Grant Amount 6.Funding Source 7.Start Date 8.End Date $1,847,722.00 Federal: State: Other:X N/A: July 1,2019 June 30,2021 9.Federal Funds(as applicable) Federal Agency: CFDA Number N/A N/A N/A 10.Tax ID# 11.SWV# 12.UBI# 13.DUNS# )OCXXXXXXXXXXXX SWV0001893-04 232002101 N/A 14.Grant Purpose This grant provides resources to assist people who are experiencing homelessness obtain and maintain housing stability. Grantees and subgrantees must prioritize unsheltered homeless households for assistance and services. COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: 2019-2021 Homeless Housing Funding Application,CHG Guidelines(as they may be revised from time to time),and Grant Terms and Conditions including Attachment"A"-Scope of Work,Attachment"B"—Budget. FOR GRANTEE FOR COMMERCE Signature Diane Klontz,Assistant Director Community Services and Housing Division Print Name and Title Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE 1 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. COMPENSATION COMMERCE shall pay an amount not to exceed$1,847,722.00 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment B—Budget. 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by COMMERCE on a case-by-case basis. Payment shall be considered timely if made by COMMERCE within thirty(30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrants/subcontracts. 4. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 5. ELIGIBLE USE OF FUNDS Funding awarded under this Grant may only be used for eligible activities and expenses described in the CHG Program Guidelines. These Guidelines are incorporated by reference. 6. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant. 2 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance,the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty(30) calendar days advance notice of any insurance cancellation, non-renewal or modification. The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subcontracts. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary,who is covered, the amounts,the period of coverage, and that COMMERCE will be provided thirty(30) days'advance written notice of cancellation. Local Government Grantees that Participate in a Self-Insurance Program Self-Insured/Liability Pool or Self-Insured Risk Management Program—With prior approval from COMMERCE, the Grantee may provide the coverage above under a self-insured/liability pool or self- insured risk management program. In order to obtain permission from COMMERCE, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3)the Washington State Auditor's annual instructions for financial reporting. Grantee's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self- insurance, evidencing continued coverage under Grantee's self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self-insurance will be provided on the anniversary of the start date of this Agreement. 7. WASHINGTON STATE QUALITY AWARD Organizations receiving over five hundred thousand dollars during the previous calendar year must apply for a Washington State Quality Award (WSQA) assessment once every three years if the funding is from any of the following sources: a. State housing-related funding sources; b. affordable housing for all surcharge in RCW 36.22.178; 3 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS c. home security fund surcharges in RCW 36.22.179 and 36.22.1791; d. any other surcharge imposed under chapter 36.22 or 43.185C RCW to fund homelessness programs or other housing programs. For more information about obtaining a WSQA assessment, visit Performance Excellence Northwest's website at https://Performanceexcellencenw.org/. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Grant Face Sheet • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B—Budget • CHG Guidelines 4 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Grant"or"Agreement" means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Grantee"shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Personal Information" shall mean 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, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers., and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subgrantee/subcontractor"shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms"subgrantee/subcontractor" refers to any tier. H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COMMERCE;provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LAW 101-336,also referred to as the"ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs. 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is designated as"confidential" by COMMERCE; 2. All material produced by the Grantee that is designated as "confidential"by COMMERCE; and 3. All personal information in the possession of the Grantee that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health,finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and"Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request,the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five(5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal,the COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington.The Grantee and their subcontractor(s) must identify any 6 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS person employed in any capacity by the state of Washington that worked on the Commerce program administering this Grant, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by,job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists,the Grantee may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the contract by the Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this contract. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 12. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Grantee's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Grant Representative within three (3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5)working days. 7 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The Director or designee shall review the written statements and reply in writing to both parties within ten (10)working days.The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 15. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state,from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim"as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agencts, employees, representatives, or any subgrantee/subcontractor or its employees. The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Grant. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 8 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 18. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further grants with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance.Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein. 22. PAY EQUITY The Grantee agrees to ensure that"similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i)A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii)A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Grantee is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 9 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 24. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied,without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 26. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six(6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law,the Grantee shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the"Termination for Convenience"clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 31. SITE SECURITY While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 10 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 32. SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Grant.The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Grant.The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Grant. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions,the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 35. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time._ COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a"Termination for Convenience" if it is determined that the Grantee: (1)was not in default; or(2)failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 11 i GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 37. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets"clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE,and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes"clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee,for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property,the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. 12 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion,termination or cancellation of this Grant All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 13 Attachment A Scope of Work A. Grantees shall commit to operating a high-performing crisis response system in their county by: a. Prioritizing unsheltered homeless and households fleeing violence for services and programs (Guidelines:Administrative Requirements of Lead Grantees). b. Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing (Guidelines: Requirements of all Lead Grantees and Subgrantees Providing Direct Service). c. Employing a progressive engagement service model (Guidelines: Requirements of all Lead Grantees and Subgrantees Providing Direct Service). d. Prioritizing households most likely to become homeless when using prevention rent assistance(Guidelines:Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance). B. Grantees shall submit the following monthly deliverables on time with truthful, accurate information: a. Invoice and Voucher Detail Worksheet for reimbursement(Guidelines: Fiscal Administration). b. Required report(s)from HMIS included with the Invoice (Guidelines: Fiscal Administration) C. Grantees shall submit the following deliverables on time with truthful, accurate information: a. Local Homeless Housing Plan Updates (Guidelines: Reporting Requirements). b. Annual County Report/Homeless Housing Inventory(Guidelines: Reporting Requirements) including Point-In-Time Count information (Guidelines: Reporting Requirements). c. Essential Needs Report(Guidelines: Reporting Requirements). d. Grantees shall commit to reporting complete quality data that is timely, truthful and accurate. (Guidelines: Requirements of all Lead Grantees and Subgrantees Providing Direct Service and HM IS User Agreement). D. Grantees shall comply with all of the requirements, policies and procedures in the Consolidated Homeless Grant Guidelines. E. Performance Requirements: Unsheltered and fleeing violence prioritization, housing outcome performance measures and benchmarks are outlined in the table below. Grantees must meet or demonstrate progress towards established performance targets (Guidelines:Administrative Requirements of Lead Grantees and Appendix: Performance Measurements) 14 Attachment A Performance Measures Intervention Performance Measure SFY 2018 Change from June 30, 2020 June 30, 2021 Type Baseline Baseline Benchmark Benchmark Emergency Increase Percent Exits to 23% Increase by at 28% TBD Shelter Permanent Housing least 5 percentage points (Excludes Drop In Emergency Shelter) Transitional Increase Percent Exits to 86% Maintain current No less than TBD Housing Permanent Housing rate(already at 80% target) Rapid Re- Increase Percent Exits to 74% Increase by at 79% TBD Housing Permanent Housing least 5 percentage points Permanent Increase Exits to or 74% Increase by at 79% TBD Supportive Retention of Permanent least 5 percentage Housing* Housing points System Increase Percent 70% Maintain current No less than TBD Unsheltered and Fleeing rate(already at 60% Violence target) *Grantees with CHF PSH projects in regions where CHG funded PSH was not available before are exempt from the consequences of non-compliance for the first year of the contract period. F. Consequences of non-compliance: a. If Commerce determines that a Grantee is failing to comply with the Guidelines, Terms, and Conditions, Commerce will notify Grantee that Grantee will receive technical assistance and be required to respond to a corrective action plan to address and remedy the noncompliance. b. If the Grantee is still out of compliance after the technical assistance, Commerce may move the Grantee into a probationary period with a second corrective action plan and may reduce the grant total by 20%. c. If the Grantee remains out of compliance after the probation period, Commerce may terminate the grant per the General Terms and Conditions TERMINATION FOR CAUSE. 15 Attachment B Budget Budget Total Admin $67,230 Rent/Fac Support Lease $110,790 Other Rent/Fac Support Lease and Housing Costs $102,624 Operations $100,422 PSH CHF Rent/Fac Support Lease $50,562 PSH CHF Operations $16,572 HEN Admin 2020 $48,900 HEN Rent/Fac Support Lease and Housing Costs 2020 $484,253 HEN Operations 2020 $166,608 HEN Admin 2021 $48,900 HEN Rent/Fac Support Lease and Housing Costs 2021 $484,253 HEN Operations 2021 $166,608 Total $1,847,722 i I 16 - MASON COUNTY PUBLIC WORKS–COMMISSIONER BRIEFING July 15, 2019 Briefing Items 1. Belfair Sewer Extension–Updated ILA Discussion Items ■ Belfair Sewer–Notice of Grant Award ■ Deputy Director Recruitment ■ Water Meter project Commissioner Follow-Up Items ■ WSDOT Coffee Creek Status Report ■ Street lighting requests ■ Belfair Financial Study ■ Hoodsport pedestrian safety improvements Upcoming Calendar Items July 22, 2019–Special TIP-CAP meeting sponsored by the HUB in Belfair July 23, 2019–Board Action - Hearing to consider"No Parking" signs on Sand Hill Road Attendees Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty _Loretta Swanson _Sharon Trask —Others: (List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: July 15, 2019 PREVIOUS BRIEFING DATES: April 15, 2019; May 13, 2019; June 3, 2019 ITEM: Interlocal Agreement—City of Bremerton & Port of Bremerton EXECUTIVE SUMMARY: Mason County and the City of Bremerton executed an Interlocal Agreement to work cooperatively to oversee the initial analysis and feasibility of potential designs for a sewer system extension from the Belfair Water Reclamation Facility. This cooperative work originally envisioned participation from the Port of Bremerton. The Port now wishes to become party to the agreement. A new agreement has been drafted, rescinding and replacing the current executed agreement between Mason County and the City of Bremerton. The City of Bremerton Council will act first, followed by Mason County, then Port of Bremerton. The agreement remains in effect until December 31, 2022, unless any party terminates by giving ten days written notice to the other party. Cost Impact to the County: This agreement does not financially commit any of the three parties. However, the City of Bremerton has committed funds up to $1,000,000 over three years (2019-2021) for design and other related planning efforts. Mason County received a Commerce grant in the amount of $499,550 for the same. RECOMMENDED OR REQUESTED ACTION: No action at this time, but recommend the Board authorize Public Works to bring the Interlocal Agreement between the City of Bremerton, Port of Bremerton and Mason County forward for Commission approval once executed by the City of Bremerton. Attachments: Port of Bremerton Letter Amended Interlocal Agreement Current Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF BREMERTON RELATED TO ENGINEERING DESIGN OF SANITARY SEWER FACILITIES EXTENSION FROM THE BELFAIR WATER RECLAMATION FACILITY, FUTURE SANITARY SEWER SYSTEM DEVELOPMENT AND SANITARY SEWER SERVICE PROVISIONS WITHIN THE BELFAIR UGA AND PUGET SOUND INDUSTRIAL CENTER - BREMERTON THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the _ day of 2-01f , iffl-7,by and between Mason County (the "County"), a political subdivision bf the State of Washington, and the City of Bremerton (the "City"), a municipal corporation of the State of Washington(the"Parties"). WHEREAS, Revised Code of Washington ("RCW") Section 39.34.030 authorizes cooperative efforts between public agencies;and WHEREAS, Mason County owns and operates a water reclamation facility near Belfair, Washington, with capacity to treat sanitary sewage that may be generated from the Puget Sound Industrial Center—Bremerton("PSIC-Bremerton");and WHEREAS,the City of Bremerton is interested in improving the availability of sanitary sewer service within PSIC-Bremerton; and WHERAS, Mason County is interested in providing sanitary sewer service within the Belfair UGA; and WHEREAS, opportunities may exist to utilize a portion of the upcoming Belfair Bypass highway construction project and right of way to locate new sanitary sewer transmission facilities which would serve PSIC-Bremerton and connect to the Belfair Water Reclamation Facility; and WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the upcoming Belfair Bypass project appear to provide an opportunity to provide sanitary sewer service to PSIC-Bremerton with significant cost savings;and WHEREAS, this potential for cost savings has attracted funding expected from the State of Washington, through its Department of Commerce, of$515,000 for the purpose of designing the new sanitary sewer transmission facilities to serve PSIC-Bremerton;and Page 1 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton WHEREAS, the City of Bremerton,through its Sewer Capital Budget,has committed an additional $400,000 in 2018, $400,000 in 2019; and $200,000 in 2020 to be invested into this design effort and other related planning efforts focused toward the goal of providing improved sewer service to PSIC-Bremerton and WHEREAS, the City of Bremerton and Mason County wish to work cooperatively to provide improved sanitary sewer service to PSIC-Bremerton and within the Belfair UGA; NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises,THE PARTIES AGREE as follows'.. 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for Mason County and the City of Bremerton to work cooperatively to design new sanitary sewer transmission facilities to serve the PSIC-Bremerton and the Belfair UGA. The purpose of this Agreement also includes working cooperatively to design any improvements to the Belfair Water Reclamation Facility, if improvements are needed to serve the PSIC-Bremerton service area. 2. ADMINISTRATION OF AGREEMENT: The Mason County Public Works Department will. administer this Agreement for the County. The Bremerton Public Works Department will administer this Agreement for the City. 3. LEAD ENTITY: The Mason County Public Works Department will be the administrative lead for the project design effort. The City will assign a project manager to work closely with the County's project manager to ensure an efficient communication and decision- making process. 4. NO JOINT PROPERTY: No joint personal or real property will be acquired, held, or disposed of pursuant to this Agreement. 5. APPROVAL PROCESS: All key project policy decisions, design decisions, milestones, and budgets will be agreed upon by both the County and the City. The Public Works Departments of both the County and the City will ensure all appropriate administrative processes for each respective jurisdiction are adhered to. 6. RELATED TASKS: This Agreement envisions additional planning tasks related to funding and grant applications; system governance; future sewer service fee structures and revenue recipients; future maintenance agreements; and coordination among/between private property owners,state and local entities,and elected officials. 7. ADDITIONAL FUTURE AGREEMENTS: As the project moves through the design process and closer to construction, additional interlocal agreements will be necessary and will be developed at the appropriate time. Page 2 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton 8. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of this Agreement by both the County and the City and shall remain in effect until December 31, 2023. 9. TERMINATION OF AGREEMENT Either the County or the City may terminate this Agreement by giving ten (10)days written notice to the other party. 10. COUNTY EMPLOYEES: County employees pursuant to this Agreement remain employees of the County at all times and shall perform the work envisioned under sole supervision of the County. 11. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. 12. REIMBURSEMENT: At the mutual agreement of the Parties, either party may reimburse the other for specifically defined services which constitute a work program or project. 13. LEGALIADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 14. INDEMNIFICATION A. The City shall defend, indemnify and hold harmless the County, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the City and its agents. B. The County shall defend, indemnify and hold harmless the City, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from,negligence of the County and its agents. C. In cases of concurrent fault of the City and County,the above provisions requiring each party to defend, indemnify and hold harmless the other party ("Indemnification Provisions")are valid and enforceable only to the extent of the fault of the respective parties. D. Solely for purposes of the indemnification provisions only, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. E. The Indemnification Provisions shall survive the expiration or termination of this Agreement. 15, COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. Page 3 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton 16. ASSIGNMENT: The Parties shall not assign this Agreement or any interest,obligation or duty herein without the express written consent of the other party. 17. ATTORNEYS'FEES: In the event of litigation to enforce any of the terms or provisions herein,each party shall pay all its own costs and attorney's fees. 18. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Mason County: To Bremerton: Public Works Department City of Bremerton 100 W Public Works Drive 345 6th Street, Suite 600 Shelton,WA 98584 Bremerton, WA 98337 Attn: Deputy Director/ Attn: City Clerk Utilities and Waste Management Phone: (360)427-9670 Phone: (360)473-5290 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post(including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 19. INSURANCE REQUIREMENT: Each party shall obtain and maintain liability coverage in minimum liability limits of One Million Dollars ($1,000,000)per occurrence and Two Million Dollars ($2,000,000) in the aggregate for general liability, errors and omissions, auto liability, despite when the claim was made. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance company or pool which is sufficient to address the insurance obligations set forth above. 20. NON-DISCRIMINATION POLICY: The County and the City agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical,mental sensory handicap,or other status protected by law. 21. FILING: This Agreement shall be filed with each party's County Auditor pursuant to RCW 39.34 or,alternatively, listed by subject on each party's public web site. Page 4 Interlocal Agreement Retween Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton 22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 23. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Pierce County Superior Court. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this ,day of Fe-brunnv 2018. CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Gregeeler,May rav lNcoptFJRATED Randy Neatherlin STATE OF WASHINGTON Q - OCT.1 S,1901 oCi�lX'a.V(75 � 2.� z a t 8 Date �AP OO• Date ATTEST: ATTEST: Shannon Corin,City Clerk Mel s' e y, Cl of the Board Approved as to form: Approved as to form: r Roger A. Lubovich,City Attorney Tim Whiteea -CIL DPA Page 5 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton STATE OF WASHINGTON ) ) ss. COUNTY OF �5���) ON THIS (per' day of re Yq Ao , 2018, before me, personally appeared`Rr M,, J-'t - eA xj and , to me known to be the-Ch(Xi K j and of , being one of the municipal corporations that executed the within and foregoingent, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument,and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above wr'tten. Notary Public State of Washington MELISSA DREWRY Nota y c in and for e State of Washington, MY COMMISSION EXPIRES Residing at I fl o we OCTOBER 20,2019 My commission expires DO I STATE OF WASHINGTON ) �,. ) ss. COUNTY OF� � ON THIS .� dayof 7- 2018, before me, personally appeared—C-jrrj-k)h e,titY and ---'" , to me known to be the t.Y'J _and .--1 of [�� being one of the munici al corporations that executed the within and oregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument,and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written. Notary �tAit? Notary Public ' and for the State of ashington, State of WasResiding at - ./YtW'Shannon L. My commission expiresCommissior,° Page 6 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton Agreement No. 19-11 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY, THE PORT OF BREMERTON, AND THE CITY OF BREMERTON RELATED TO PARTICIPATION IN EXECUTIVE AND TECHNICAL COMMITTEES PROVIDING PROJECT DESIGN OVERSIGHT TO THE PUGET SOUND INDUSTRIAL CENTER- BREMERTON TO BELFAIR SEWER CONNECTION PROJECT THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of , 2019, by and between the Port of Bremerton (the "Port"), Mason County(the"County"), and the City of Bremerton(the "City")(collectively the "Parties"). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies; and WHEREAS, Mason County owns and operates a water reclamation facility near Belfair, Washington, with available capacity to treat sanitary sewage that may be generated from the currently unserviced area between Belfair and Bremerton, which includes the Puget Sound Industrial Center—Bremerton(PSIC-Bremerton); and WHEREAS, the City of Bremerton is interested in improving the availability of sanitary sewer service within PSIC-Bremerton; and WHERAS, Mason County is interested in providing sanitary sewer service within PSIC- Bremerton and the Belfair UGA; and WHERAS, the Port owns and operates a wastewater collection and treatment system located within PSIC-Bremerton; and WHEREAS, the Parties are interested in improving the availability of sanitary sewer service within the larger PSIC-Bremerton geographic area; and WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the upcoming Belfair Bypass project appear to provide an opportunity to extend sanitary sewer service to PSIC-Bremerton; and WHEREAS, the State of Washington, through its Department of Commerce, has appropriated $515,000 for the purpose of designing new sanitary sewer transmission facilities to serve PSIC-Bremerton and the Belfair UGA; and WHEREAS, the City, through its Sewer Capital Budget, has committed an additional Page 1 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight Agreement No. 19-11 $1,000,000 to be invested into this design and planning effort focused toward the goal of providing improved sewer service to PSIC-Bremerton; and WHEREAS, the City and County have requested the Port participate on the project's Executive Committee and the Technical Committee to ensure robust communication among and between all involved stakeholders; and WHEREAS, the Parties wish to work cooperatively to investigate the feasibility of improved sanitary sewer service to PSIC-Bremerton; and WHEREAS,the City and County executed an interlocal agreement to pursue design of a system extension to serve PSIC-Bremerton on January 29, 2018, and the City and County wish to rescind that agreement and replace it with the present Interlocal Agreement. NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for the Parties to work cooperatively to oversee the initial analysis and feasibility of potential designs for a sewer system extension from the Belfair Water Reclamation Facility, through participation on the Executive Committee and the Technical Committee. 2. RESCISSION OF PRIOR AGREEMENT: The County and the City hereby rescind and replace with this Agreement the "Interlocal Agreement Between Mason County and the City of Bremerton Related to Engineering Design of Sanitary Sewer Facilities Extension from the Belfair Water Reclamation Facility, Future Sanitary Sewer System Development and Sanitary Sewer Service Provisions Within the Belfair UGA and Puget Sound Industrial Center — Bremerton,"which was executed on January 29, 2018. 3. ADMINISTRATION OF AGREEMENT: The CEO of the Port will administer this Agreement for the Port, The Mason County Public Works Director will administer this agreement for Mason County, and the Bremerton Public Works and Utilities Director will administer this Agreement for the City. 4. FUTURE AGREEMENTS: This Interlocal Agreement envisions the possibility of amendments to this Interlocal Agreement which may address future cooperative efforts, should subsequent phases develop; however, nothing in this Agreement shall be construed to bind either party to any future course of action, including but not limited to agreement to utilize the Belfair Water Reclamation Facility, contract with Mason County for such use, or commit any capital investments toward such effort. 5. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of this Agreement by the Port, the City and the County, and shall remain in effect until December Page 2 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight Agreement No. 19-11 31, 2022. This Agreement may be extended one or more times by mutual agreement of the Parties, in writing, for a duration no longer than one(1) year. 6. TERMINATION OF AGREEMENT: Any party may withdraw from this Agreement by giving the other parties ten(10) days written notice. The Agreement shall remain in place unless and until two parties withdraw. 7. PORT EMPLOYEES: Port employees pursuant to this Agreement remain employees of the Port at all times and shall perform the work envisioned under sole supervision of the Port. 8. COUNTY EMPLOYEES: County employees pursuant to this agreement remain employees of the County at all times and shall perform the work envisioned under sole supervision of the County. 9. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. 10. REIMBURSEMENT: At the mutual agreement of the Parties, any of the parties may reimburse the other for specifically defined services which constitute a work program or project. 11. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 12. INDEMNIFICATION A. The Port shall defend, indemnify and hold harmless the County and the City, its officials, officers, employees and agents,for all claims, liabilities, damages, expenses,reasonable attorney's fees and suits arising from negligence of the Port and its agents. B. The County shall defend, indemnify and hold harmless the Port and the City, its officials, officers, employees and agents, for all claims, liabilities,damages,expenses, reasonable attorney's fees and suits arising from negligence of the County and its agents. C. The City shall defend, indemnify and hold harmless the Port and the County, its officials,officers, employees and agents, for all claims, liabilities,damages, expenses, reasonable attorney's fees and suits arising from negligence of the City and its agents. D. In cases of concurrent fault of the Parties, the above provisions requiring each party to defend, indemnify and hold harmless the other party ("indemnification provisions") are valid and enforceable only to the extent of the fault of the respective parties. E. Solely for purposes of the indemnification provisions, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and Page 3 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight Agreement No. 19-11 acknowledges that this waiver was mutually negotiated by the Parties. F. The indemnification provisions shall survive the expiration or termination of this agreement. 13. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 14. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation or duty herein without the express written consent of the other party. 15. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions herein,each party shall pay all its own costs and attorney's fees. 16. NOTICES: All notices hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the Port of Bremerton: To Bremerton: Port of Bremerton City of Bremerton Chief Executive Officer Public Works&Utilities Director 8859 S.W. State Hwy 3 345 6t' Street, Suite 100 Bremerton, WA 98312 Bremerton, WA 98337 To Mason County: Public Works Department 100 W Public Works Drive Shelton, WA 98584 Attn: Public Works Director Phone(360)427-9670 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. Page 4 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight Agreement No. 19-11 17. NON-DISCRIMINATION POLICY: The Parties agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical,mental sensory handicap, or other status protected by law. 18. FILING: This document shall be filed with both the Kitsap County Auditor and the Mason County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on each public agency's website. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral,that have not been set forth in the text of this Agreement. 20. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Pierce County Superior Court. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. DATED this , day of , 2019 CITY OF BREMERTON PORT OF BREMERTON BOARD OF COMMISSIONERS Greg Wheeler, Mayor Axel Strakeljahn, President Date Larry Stokes, Vice President Cary Bozeman, Secretary Page 5 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight Agreement No. 19-11 ATTEST: ATTEST: Angela Woods, City Clerk Ginger Waye, Clerk of the Board Approved as to form: Approved as to form: Casey Pence,Assistant City Attorney Anne Montgomery, Port Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair Sharon Trask,Vice Chair Randy Neatherlin, Commissioner ATTEST: Melissa Drewry, Clerk of the Board Approved as to form: Tim Whitehead, CH. Deputy Prosecuting Attorney Page 6 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Juvenile Court Services EXT: 332 BRIEFING DATE: 7/10/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Consolidated Block Grant for State Fiscal Years 2020 and 2021. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): As mandated by the Washington State Legislature, the purpose of this contract is to provide funding to County Juvenile Courts throughout the State of Washington to support Block Grant programs for juvenile offenders. Mason County Juvenile Court uses the following: Consolidated Juvenile Services At-Risk (CJS), Special Sex Offender Disposition Alternative (SSODA), and Community Juvenile Accountability Act/Evidence Bases Programs (CJAA) such as Functional Family Therapy (FFT) and Aggression Replacement Training (ART). This contract serves as a bridge contract from 7/1/19 — 9/1/19 until DCYF finalizes the statewide county allotments as well as the finalized contract for State Fiscal Years 2020 and 2021. BUDGET IMPACTS: Mason County Juvenile Court Services will receive $127,573 for SFY 2020 and $124,970 for SFY 2021. RECOMMENDED OR REQUESTED ACTION: Approve the County Program Agreement #1963-59133 between Mason County and the State of Washington DCYF. ATTACHMENTS: County Program Agreement— Consolidated Contract Agreement #1963-59133. Briefmg Summary 7/10/2019 COUNTY DCYF Agreement Number PROGRAM AGREEMENT - �4 1963-59133 Consolidated Contract FY20-21 This Program Agreement is by and between the State of Washington Administration or Division Department of Social and Health Services (DCYF) and the County identified Agreement Number below, and is issued in conjunction with a County and DCYF Agreement On County Agreement Number General Terms and Conditions, which is incorporated by reference. DCYF ADMINISTRATION DCYF DIVISION DCYF INDEX NUMBER CCS CONTRACT CODE Department of Children, Youth, Children, Youth and 1229 2072CS-63 and Families Families DCYF CONTACT NAME AND TITLE DCYF CONTACT ADDRESS Del Hontanosas PO Box 45720 Grants &Contracts Manager Olympia,WA 98504 DCYF CONTACT TELEPHONE DCYF CONTACT FAX DCYF CONTACT E-MAIL (360)902-8087 360 902-8108 hontadr@dshs.wa.gov COUNTY NAME COUNTY DBA COUNTY ADDRESS Mason County PO Box 368 Shelton, WA 98584 COUNTY UNIFORM BUSINESS IDENTIFIER(UBI) COUNTY CONTACT NAME Jim Madsen COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL 360 427-9670 .amesma co.mason.wa.us IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? No PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2019 06/30/2021 1 See Exhibits EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement: ® Exhibits (specify): ® Exhibit A: Consolidated Contract Term, Reimbursement Procedures, and Program Responsibilities; ® Exhibit B: Juvenile Court Block Grant; ® Exhibit C: Detention Services The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DCYF only upon signature by DCYF. COUNTY SIGNATURE(S) PRINTED NAME(S)AND TITLE(S) DATE(S)SIGNED DCYF SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Del Hontanosas Grants and Contracts Manager Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 1 Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Contractor" means the County. b. "DCYF" means the Department of Children, Youth, and Families. c. "Emergency Health Care" means care, services, and supplies for an acute or unexpected health need that requires immediate evaluation or treatment by a health care practitioner. d. "JR means the Juvenile Rehabilitation which is under the DCYF. e. "JR Bulletins/Policies" means the JR Administrative Policies, which direct JR expectations. f. "Limited Access" means supervised access to a juvenile(s) that is the result of the person's regularly scheduled activities or work duties. g. "Regular Access" means unsupervised access to a juvenile(s), for more than a nominal amount of time that is the result of the person's regularly scheduled activities or work duties. 2. Background Check/Criminal History— In accordance with Chapters 388-700 WAC (JR-Practices & Procedures), 72.05 RCW(Children &Youth Services), and by the terms of this contract, Contractor and each of its employees, subcontractors, and/or volunteers who may or will have regular access to any client/juvenile must be cleared through a JR approved criminal history and background check. In addition, Contractor, each of their employees, subcontractors, and/or volunteers, who may or will have limited access to any client/juvenile, may be required to be cleared through a JR approved criminal history and background check. By execution of this contract, Contractor affirms that Contractor, each of its employees, subcontractors, and/or volunteers, who may or will have regular access have not been convicted of any of the following: a. Any felony sex offense as defined in 9.94A.030 RCW (Sentencing Reform Act-Definitions) and 9A.44.130 RCW(Sex Offenses); b. Any crime specified in Chapter 9A.44 RCW(Sex Offenses) when the victim was a juvenile in the custody of or under the jurisdiction of JR; or c. Any violent offense as defined in 9.94A.030 RCW(Sentencing Reform Act-Definitions). Contractor must require that current employees, volunteers, and contracted service providers who are authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of the above offenses. The report must be made to the person's supervisor within seven (7) days of conviction and any person who has reported a guilty plea or conviction for one or more of these offenses must not have regular access to any offender. Contractor shall also document background checks/criminal history clearances for monitoring purposes. 3. Sexual Misconduct— 13.40.570 RCW(Sexual misconduct by state employees, contractors)states that when the Secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an offender has occurred, the Secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender. By execution of this contract, contractor affirms that contractor, each of its employees, subcontractors, and/or volunteers are knowledgeable about the requirements of 13.40.570 RCW(Sexual misconduct by Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 2 Special Terms and Conditions state employees, contractors) and of the crimes included in 9A.44 RCW(Sex Offenses). In addition, the Secretary shall disqualify for employment with a contractor in any position with access to an offender, any person: a. Who is found by the department, based on a preponderance of the evidence, to have had intercourse or sexual contact with the offender; or b. Convicted of any crime specified in chapter 9A.44 RCW(Sex Offenses) when the victim was an offender. If any actions are taken under 13.40.570 RCW, subsections (3) or (4), the Contractor must demonstrate to the Secretary they have greatly reduced the likelihood that any of its employees, volunteers, or subcontractors could have sexual intercourse or sexual contact with any offender. The contract shall not be renewed unless the Secretary determines significant progress has been made. 4. Subcontractor If the Contractor utilizes subcontractors for the provision of services under this Contract, the Contractor must notify JR in writing and maintain sufficient documentation to verify that the subcontractors meet all the requirements under this Contract. In no event shall the existence of a subcontract release or reduce the liability of the County for any breach of performance. 5. Monitoring The County shall assist the JR to perform reviews of sites where services are delivered at regular intervals using agreed upon forms and methods. 6. Billing and Payment a. If reports required under this Contract are delinquent, DCYF, JR may stop payment to the Contractor until such required reports are submitted to JR. b. The Contractor agrees to accept this payment as total and complete remuneration for services provided to offenders under this agreement. This does not preclude the Contractor from seeking other funding sources. No indirect costs are allowed. c. The Contractor shall use these funds to supplement, not supplant, the amount of federal, state, and local funds otherwise expended for the services provided under this agreement. d. Under no circumstance shall the Contractor bill twice for the same services. e. The Contractor shall maintain backup documentation of all costs billed under this contract. f. If the Contractor bills and is paid fees for services that JR later finds were either 1) not delivered or 2) not delivered in accordance with this contract or contract attachments, JR shall recover fees and the Contractor shall fully cooperate. 7. Compliance with JR Policies and Standards. a. In addition to the governing Federal and State laws and regulations, the Contractor shall comply with all DCYF and JR Rules and Policies as applicable to the services provided. Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 3 Special Terms and Conditions b. In case of conflict or inconsistency between the aforementioned, the higher standard of compliance shall prevail. Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 4 EXHIBIT A Consolidated Contract Term Reimbursement Procedures and Program Responsibilities 1. The purpose of this Agreement is to fund and support the program services described in the attached Statements of Work. The contract term begins July 1, 2019 and expires June 30, 2021. 2. Funding. As of July 1, 2019 the rates paid to the County will be the rate calculated for State Fiscal Year (SFY) 2020-2021. If by July 1, 2019 the County does not have a completed written application for funding approved by JR and signed by both parties, JR will temporarily reimburse the county according to the rates from the State Fiscal Year Consolidated Contract 2018-2019 (DSHS No. 1763-96306) until September 1, 2019 to provide for continuity of services. Once the County's application is signed and approved, the SFY 2020-2021 funding rate shall apply retroactively to July 1, 2019 and the County is responsible for adjusting its expenditures during the remainder of the agreement term to account for any discrepancies. If the County has not properly accounted for the difference between the two rates by April 30, 2019, JR may adjust the amount reimbursed to the County for the final two months of the agreement to account for these discrepancies. 3. Statements of Work. As of July 1, 2019, the County is responsible for adhering to the Statements of Work described in the Exhibit B: Statement of Work—Juvenile Court Block Grant. If by July 1, 2019 the County does not have a completed written application for funding approved by JR and signed by both parties, the statements of work from the State Fiscal Year Consolidated Contract 2018-2019 (DSHS No. 1763-96306) shall apply to all work performed under this agreement until September 1, 2019 to provide for continuity of services. Once the County's application is signed and approved, the County shall be responsible for providing services in accordance with the SFY 2020-2021 Statements of Work from that date forward. 4. Late Applications. If the County does not have a completed written application for funding approved by JR and signed by both parties by September 1, 2019, JR may discontinue reimbursement until the application is completed and approved. Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 5 EXHIBIT B STATEMENT OF WORK Juvenile Court Block Grant 1. Purpose As mandated by the Washington State Legislature, the purpose of this contract is to provide funding to County Juvenile Courts throughout the State of Washington to support Block Grant programs for juvenile offenders. These programs include, but are not limited to the following: • Consolidated Juvenile Services At-Risk (CJS); • Special Sex Offender Disposition Alternative (SSODA); • Chemical Dependency and Mental Health Disposition Alternative (CDMHDA); • Suspended Disposition Alternative (SDA), • Community Juvenile Accountability Act (CJAA)/Evidence Based Programs (CJAA); and • Promising Programs. Program descriptions and requirements are outlined in the Block Grant Contract 2018/19 Application, Budget, and Monitoring Instructions provided by the Juvenile Rehabilitation (JR). 2. General Requirements The County Juvenile Court shall: a. Provide projects and services in compliance with the County's Block Grant Contract 2020/2021 Application, Budget, and Monitoring Instructions (herein referred to as the "Application") and the County's Approved Response (herein referred to as the "Application Response"). b. Administer the Washington State Juvenile Court Prescreen Assessment or full Risk Assessment to all youth on probation supervision in accordance with the timeline specified in the County's Application Response. c. Administer a Washington State Juvenile Court Risk Assessment to all youth who are moderate to high risk on the prescreen assessment, and a reassessment to all moderate to high risk youth at the end of probation, in accordance with the timeline specified in the County's Application Response. d. Establish programs designed to impact the outcomes statewide by: (1) Decreasing recidivism; (2) Decreasing commitments to the JR; and (3) Maintaining or increasing the number of committable youth receiving services in their community. e. Upon JR's request, the County Juvenile Court shall provide JR and the Washington State Institute of Public Policy (WSIPP), with statistical risk assessment data necessary to determine program impacts on the statewide outcomes as agreed upon between JR and the County Juvenile Court. f. Consistent with RCW, the County Juvenile Courts will provide JR with information necessary for the JR to provide oversight of the County Juvenile Court Block Grant, consistent with the Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 6 responsibilities and duties of JR. g. The County Juvenile Court shall comply with all applicable local, state, and federal licensing and accreditation requirements and standards necessary in the performance of this Contract. h. When licensing or other statutory requirements differ from contract requirements, the County Juvenile Court shall meet whichever requirement imposes the higher standard. Any variance from licensing requirements shall require.a licensing waiver. 3. Supervision and Programs All supervision and program services performed by the County Juvenile Court under the terms of this Agreement shall be in conformance with the County's Application and the County's Application Response. The County shall provide all services in compliance with applicable RCW,WAC, and Appellate case law for the following programs within available resources. a. Consolidated Juvenile Services (CJS) At-Risk Programs The County Juvenile Court shall provide services pursuant to RCW 13.06, Chapter 388-710 WAC. b. Special Sex Offender Disposition Alternative (SSODA) The County Juvenile Court shall provide services pursuant to RCW 13.40.162 and the following standards: (1) In a timely manner, pursuant to RCW 4.24.550, provide local law enforcement officials with all relevant information about offenders placed on the SSODA program. Additionally, for the purpose of risk level classification, provide Juvenile Rehabilitation with all relevant information for the End of Sentence Review Juvenile Subcommittee in accordance with RCW 72.09.345 for youth adjudicated for any registerable sex offense. This includes SSODA offenses and any other sex offenses that require registration. The Juvenile Risk Level Classification Process and Contact Information is hereby incorporated by reference. (2) Provide a combination of services identified in the Sex Offender Treatment Provider assessment and the Washington State Juvenile Court Risk Assessment, deemed most effective to decrease recidivism, increase youth protective factors, and decrease youth risk factors. Specifics of family, group, or individual sessions shall be identified in the provider treatment plan provided during assessment and shall be updated quarterly Document in the case record reductions in the levels of supervision and support for such reductions. c. Chemical Dependency and Mental Health Disposition Alternative (CDMHDA) (1) The county shall provide services pursuant to RCW 13.40.165 and the following standards: (a) Utilize a Division of Behavioral Health and Recovery (DBHR) approved chemical dependency assessment as detailed in Attachment A of the County's Application; (b) Include family service strategies and components; and (c) Include random urinalysis testing. (2) Courts may utilize deferred or stipulated order of continuance with CDMHDA eligible youth. d. Suspended Disposition Alternative (SDA) Services Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 7 (1) The County shall provide services pursuant to RCW 13.40.0357. e. Community Juvenile Accountability Act/Evidence Based Programs (CJAA) The County will comply with the statewide Evidence Based Quality Assurance plans and the following program standards: (1) For Functional Family Therapy (FFT): (a) General precepts/practices contained in FFT, Inc. Initial 3-Day Training; (b) Assessment/Reporting Standards contained in FFT, LLC. 1-Day Systems Training; (c) Clinical feedback from FFT LLC. in on-going consultation and site visits; (d) Feedback from designated FFT statewide Quality Assurance Administrator in on-going consultation and site visits; and (e) Precepts/practices of FFT contained in Blueprints for Violence Prevention. (2) For Washington State Aggression Replacement Training (WSART): (a) Precepts/practices contained in Aggression Replacement Training (Rev. Ed.) by Goldstein, Glick and Gibbs; (b) Precepts/practices contained in WSART initial training or subsequent Quality Assurance statewide meetings; (c) Feedback from designated WSART statewide Quality Assurance Specialist and Regional Site Consultants in on-going consultation and site visits. (d) All WSART sites are required to utilize the WSART Database to track progress on starters and completers of WSART. (3) For Multi-Systemic Therapy (MST): (a) Precepts/practices of MST contained in Blueprints for Violence Prevention; and (b) General precepts/practices contained in training, consultation, and clinical oversight as provided by the University of Washington. (4) For Coordination of Services (COS): (a) General precepts and practices contained in the COS Statewide Manual. (b) Feedback from designated COS statewide Quality Assurance Specialist in on-going consultation and site visits. (5) Family Integrated Transitions (FIT): (a) Precepts/practices of FIT contained in University of Washington Program Manual; and (b) General precepts/practices contained in training, consultation, and clinical oversight as provided by the University of Washington. Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 8 (c) Clinical guidance as supplied by the University of Washington. (6) Employment Education and Training (EET): (a) General precepts and practices contained in the EET Statewide Manual. (b) Feedback from designated EET statewide Quality Assurance Specialist in on-going consultation and site visits. f. Promising Programs County Juvenile Courts may utilize their funding to implement a Promising Program when they have met the criteria developed by the Washington State Institute for Public Policy and approved by the CJAA Advisory Committee. 4. Performance-Based Contracting Implementation a. Beginning July 1, 2019, DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by House Bill 1661. b. The purpose of this change is to help achieve DCYF's long-term outcome goals, with a focus on building partnerships, using data to learn and improve, and advancing racial equity. c. DCYF Outcome Goals supported by Juvenile Courts' EBPs include: (1) Parents and caregivers are supported to meet the needs of children and youth; (2) Youth school engagement; (3) High school graduation; and (4) Youth mental/behavioral health. d. The quality measure below only apply to Juvenile Court EBPs, which are described in the Statement of Work, Section 3.e. e. Quality Measures: The Contractor shall participate in ongoing reporting, monitoring, and discussion with DCYF for the following quality measures. Program starts Goal Youth access needed Evidence-Based Programs EBPs Metric Number of youth who start an EBP Target 100% of youth identified in contractor's application to start an EBP Reporting Contractors will continue to report program starts in PACT (See Requirement Section 2.b & c Performance N/A; informational only. DCYF will collect baseline data during the Management contract period to validate the target and identify a performance management tool the following contract period. Continuous DCYF will support continuous improvement by establishing a Improvement performance feedback loop to share and review performance data with contractors at least annually. Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 9 5. Consideration a. The maximum consideration for this agreement is identified in the "County Juvenile Court Pass through Distribution SFY20/21", hereby incorporated by reference. A revenue sharing process shall be made available during the latter part of the fiscal year for all counties participating in the Block Grant, provided funding is available or unless otherwise agreed upon by the JR and the Juvenile Court Administrators. The full list of priorities for revenue sharing will be provided by the JR and developed in collaboration with the County Juvenile Courts. The County Juvenile Court shall submit their "Revenue Sharing Requests/Returns Form" to their respective Regional Administrators no later than May 15th or as agreed upon by the JR and Juvenile Court Administrators. Late submittals shall not be considered. Revenue sharing increases and decreases will be awarded by distribution of an updated "County Juvenile Court Pass through Distribution SFY20/21". The total maximum consideration for this contract may increase or decrease, depending on the results of revenue sharing distributions and changes in appropriations as directed by the legislature. b. The Chemical Dependency and Mental Health Disposition Alternative (CDMHDA) reimbursement rates for treatment shall be based on the approved Behavioral Health Organization (BHO) or Managed Care Organization (MCO) reimbursement rates for treatment. The Juvenile Rehabilitation suggests that the courts request and receive a copy of the approved BHO or MCO reimbursement rates for treatment. c. The County Juvenile Courts shall not be reimbursed for youth placed on consecutive or combined CDMHDA sentences that exceed 12 months active supervision. UNLESS the offense date of an additional CDMHDA sentence occurs after the termination date of the preceding CDMHDA disposition OR the youth begins as a CDMHDA Local Sanction and then is sentenced to CDMHDA Committable for a new offense. 6. Billing and Payment a. Monthly invoices (A-19) are to be submitted to JR each month for services provided. JR retains the right to withhold payment for incomplete or delinquent reimbursement packages. Invoices shall include the following documents provided by the JR and completed by the County: (1) Required sentencing worksheets and Disposition Orders for SSODA, CDMHDA, and SDA Committable youth; (2) Monthly Program Updates for each Evidence Based Program and Promising Program; (3) Roster Reports for local sanction and committable youth for all Disposition Alternatives, and (4) Monthly Business Intelligence Tool (BIT) Summary Report for evidence-based programs. b. The County Juvenile Court may utilize their funding to implement a Promising Program when they have met the criteria developed by the Washington State Institute for Public Policy and approved by the CJAA Advisory Committee. c. Costs related to risk assessment may be billed in the formula of three (3) hours of the provider's time for each moderate to high-risk youth assigned to a probation caseload. Reassessment costs Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 10 are not billable. Risk Assessment costs will be billed separately. d. Costs incurred for direct treatment services may be billed for youth residing out of state whom are on a SSODA, CDMHDA, or SDA. e. Costs incurred for supervision of youth on a SSODA, CDMHDA, or SDA may be billed for the actual time spent providing supervision at the rate of the probation counselor providing the supervision. f. Detention costs, for up to 30 days per period of confinement and consistent with RCW 13.40.200, for SSODA, CDMHDA, and SDA committable offenders will be reimbursed at a rate no higher than that charged to other courts purchasing beds. g. For SSODA, CDMHDA, and SDA programs, the County shall be eligible for reimbursement for supervision costs for up to 14 days following a youth being placed on absconder status and a warrant being issued. Program payment will be reinstated when the youth is apprehended. h. Reimbursement for SSODA expenses may be for up to two years. If a youth is extended beyond two years, the juvenile court must provide JR with a court order documenting the extension. The court may continue to be reimbursed for SSODA expenses throughout the extension. i. For CDMHDA programs, a chemical dependency inpatient treatment provider shall be reimbursed for services up to 72 hours following discharge, if a committable youth has been discharged from a subcontracted inpatient facility on a temporary basis and is expected to return, and/or if a committable youth has left the program against clinical advice and the bed is being held for readmission. j. For CDMHDA programs, in the event of a revocation, the County shall be eligible for reimbursement for treatment services until the youth is committed to JR. k. For CDMHDA programs, the County shall be eligible for reimbursement in the event of a new offense for up to 14 days from arrest. Payment is reinstated when the youth is placed back to active CDMHDA status. I. Reimbursement for administrative and equipment costs shall not exceed 15% of the original annual allotment. Administrative costs shall remain with the agency providing services paid under this contract, include discrete, assignable activities, and cost necessary for overall management and support of a program. m. The County must maintain backup documentation of all costs billed under this Block Grant Contract and provide this information as requested by the JR. 7. Racial and Ethnic Disparity Reporting a. Juvenile Courts shall receive individual court data from the JR (data is extracted from the PACT by the Washington State Center for Court Research). This data will show the number of youth eligible, started, and completed evidence based programs (EBPs)for each juvenile court. The data will be broken out by program and by race/ethnicity. b. Juvenile Courts shall review their data and see if barriers are present regarding equity in access to EBPs. Juvenile Courts will provide answers to questions in the Response to Application. c. Juvenile Courts shall provide an annual update on progress made towards reducing the barriers identified in the Response to Application. This annual update will be due 8/31/2020. 8. Items Incorporated by Reference Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 11 a. "County Juvenile Court Pass through Distribution SFY20/21 b. Block Grant Contract 2020/21 Application, Budget, and Monitoring Instructions and the County's Approved Application Response; c. Consolidated Juvenile Services Programs: Chapter 388-710 WAC; d. RCW's 13.06; 13.40.162; 13.40.165; 70.96A.520; 13.40.500; e. Juvenile Offender Sentencing Standards (13.40.0357); and f. Evidence-Based Public Policy Options to Reduce Future Prison Construction (October 2006). g. Juvenile Risk Level Classification Process and Contact Information. 9. JR Program Contact Information The primary program contact for Juvenile Court Block Grant for DCYF shall be: Cory Redman Juvenile Court Programs Administrator Juvenile Rehabilitation 1115 Washington St. SE 98504-4570 360.902.8079 Red maCA(o)dshs.wa.gov Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 12 EXHIBIT C STATEMENT OF WORK Detention Services 1. Purpose To provide secure detention services to youth pending transportation to a JR residential facility that are: 1) state committed; 2) parole revoked; or 3) community facility transfers. 2. Contractor Obligations a. The Contractor shall provide secure detention center services including care, custody, supervision, education, and recreation to the following JR youth while in detention: (1) For youth who are committed to the State. In addition, the Contractor shall: (a) Make direct contact with the JR designated staff of commitment; and (b) Provide and make available to JR with the following information for each youth committed to JR: i. Court Order ii. Complete Sentencing Worksheet iii. Contact Information for Youth's Parents/Guardian Detention stays become billable upon notification and receipt of the above documentation by JR (except when information is received after 4:00 pm on a Friday). (c) Make available the following information for each youth committed to JR: i. Information to the Court on the Offense ii. Police Reports on the Offense iii. Victim Witness Interviews (when completed for sex offenders) iv. Previous Reports to the Court (if available) v. Incidents Reports from Current Detention Stays (if applicable) vi. Other Social File Materials (e.g., mental health reports, school information, etc.) (2) For youth who are on parole revocation or, if applicable, a community facility transfer due to threats of health or safety of others. 3. Consideration The Contractor shall be reimbursed at the rate of$125 per day, per youth for detention services. The Contractor shall be guaranteed the first day of detention services. a. For youth who are committed to the State, Billable days will be those days that the youth spends Department of Children.Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 13 the night in the detention facility providing: (1) JR staff is notified and receives the required information identified in 2. a. (2) above and shall end upon release of the youth to a JR staffs custody; and (2) Notification and receipt of required information received prior to 4:00 pm on a Friday is billable. (3) However, notification and receipt of required information received after 4:00 pm Friday through the weekend is not billable until the following Monday (excluding holidays). b. For youth who are on parole revocation or a community facility transfers due to threats to health or safety of others, Billable days will be those days that the youth spends the night in the detention facility. c. Medical Cost of JR Detained Youth (1) In addition to the per day bed rate, JR shall be responsible for medical costs other than the routine medical attention provided in detention incurred by the County. Except for emergency health care JR shall not pay for non-routine medical care unless the County obtains pre- approval from JR that the care is necessary. (2) JR shall be responsible for any security costs for correctional staff required to safely transport and supervise the juvenile to necessary and approved off-site health care for further treatment. The County will coordinate with JR if a health care stay exceeds 24-hours so JR can make arrangements for ongoing security and custody. 4. Payment and Billing The Contractor shall submit monthly A-19 Invoice Vouchers with supporting documentation to the JR Regional Office each month for services provided, which shall include: a. Name of youth, b. Date of admission to detention, c. Date and time of release from detention, and d. Number of billable days. Department of Children,Youth,and Families 2072CS County Consolidated Program Agreement 6-20-2019 14 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Juvenile Court Services EXT: 332 BRIEFING DATE: 7/10/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Evidence Based Expansion Grant for State Fiscal Years 2020 and 2021 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): As mandated by the Washington State Legislature, the purpose of this contract is to provide funding to expand evidence based treatment and training programs administered by local juvenile courts. Mason County Juvenile Court uses these funds to expand the Functional Family Therapy (FFT) program for youth and their families. This contract serves as a bridge contract from 7/1/19 — 9/1/19 until DCYF finalizes the statewide county allotments as well as the finalized contract for State Fiscal Years 2020 and 2021. BUDGET IMPACTS: This $31,561 grant is a reduction of $4,683 from previous Evidence Based Expansion Grants and used to fund a portion of a Juvenile Probation Counselor FTE. RECOMMENDED OR REQUESTED ACTION: Approve the County Program Agreement — Evidence Based Expansion SFY 20-21 #1963-59134 between Mason County and the State of Washington DCYF. ATTACHMENTS: County Program Agreement— Evidence Based Expansion SFY 20-21 #1963-59134 Briefmg Summary 7/10/2019 COUNTY DCYF Agreement Number 1963-59134 PROGRAM AGREEMENT Evidence Based Expansion SFY20-21 This Program Agreement is by and between the State of Washington Administration or Division Department of Social and Health Services (DCYF) and the County identified Agreement Number below, and is issued in conjunction with a County and DCYF Agreement On County Agreement Number General Terms and Conditions, which is incorporated by reference. DCYF ADMINISTRATIONDCYF DIVISION DCYF INDEX NUMBER DCYF CONTRACT CODE Department of Children, Youth, Children,Youth and Families 1229 2073CS-63 and Families DCYF CONTACT NAME AND TITLE DCYF CONTACT ADDRESS Del Hontanosas PO Box 45720 Grants &Contracts Manager Olympia, WA 98504 DCYF CONTACT TELEPHONE DCYF CONTACT FAX DCYF CONTACT E-MAIL (360)902-8087 (360)902-8108 hontadr@dshs.wa.gov COUNTY NAME COUNTY ADDRESS Mason County PO Box 368 Shelton, WA 98584 COUNTY UNIFORM BUSINESS IDENTIFIER(UBI) COUNTY CONTACT NAME Jim Madsen COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL 360 427-9670 1 1 jamesma@co.mason.wa.us IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? No PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2019 06/30/2021 See Exhibit B EXHIBITS. When the box below is marked with an X,the following Exhibits are attached and are incorporated into this County Program Agreement by reference: ® Exhibits (specify): Exhibit A: Evidence-Based Expansion Contract Term, Reimbursement Procedures, and Program Responsibilities; Exhibit B: Statement of Work; Exhibit C: Monthly Project Update Form; Exhibit D: Monthly Reimbursement Request Form; and Exhibit E: Quarterly Target Update Form The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DCYF only upon si nature by DCYF. COUNTY SIGNATURE(S) PRINTED NAME(S)AND TITLE(S) DATE(S)SIGNED DCYF SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Del Hontanosas Grants &Contracts Manager Department of Children.Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Pagel SPECIAL TERMS AND CONDITIONS EXHIBIT A Evidence-Based Expansion (EBE) Contract Term Reimbursement Procedures, and Program Responsibilities 1. The purpose of this Agreement is to fund and support the program services described in the attached Statement of Work. The contract term begins July 1, 2019 and expires June 30, 2021. 2. Funding. As of July 1, 2019 the rates paid to the County will be the rate calculated for State Fiscal Year (SFY) 2020-2021. If by July 1, 2019 the County does not have a completed written application for funding approved by JR and signed by both parties, JR will temporarily reimburse the county according to the rates from the EBE Contract SFY 2016-2017 (DSHS No. 1763-93770) until September 1, 2019 to provide for continuity of services. Once the County's application is signed and approved, the SFY 2020-2021 funding rate shall apply retroactively to July 1, 2019 and the County is responsible for adjusting its expenditures during the remainder of the agreement term to account for any discrepancies. If the County has not properly accounted for the difference between the two rates by April 30, 2019, JR may adjust the amount reimbursed to the County for the final two months of the agreement to account for these discrepancies. 3. Statements of Work. As of July 1, 2019, the County is responsible for adhering to the Statement of Work described in Exhibit B: Statement of Work- Evidence Based Expansion. If by July 1, 2019 the County does not have a completed written application for funding approved by JR and signed by both parties, the statements of work from the EBE Contract SFY 2018-2019 (DSHS No. 1763-93770) shall apply to all work performed under this agreement until September 1, 2017 to provide for continuity of services. Once the County's application is signed and approved, the County shall be responsible for providing services in accordance with the SFY 2020-2021 Statement of Work from that date forward. 4. Late Applications. If the County does not have a completed written application for funding approved by JR and signed by both parties by September 1, 2019, JR may discontinue reimbursement until the application is completed and approved. Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 2 EXHIBIT B STATEMENT OF WORK Evidence Based Expansion 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Contractor" means the County. b. "DCYF" means the Department of Children, Youth, and Families. c. "JR means the Juvenile Rehabilitation which is under the DCYF. d. "JR Bulletins/Policies" means the JR Administrative Policies, which direct JR expectations. e. "Limited Access" means supervised access to a juvenile(s) that is the result of the person's regularly scheduled activities or work duties. f. "Regular Access" means unsupervised access to a juvenile(s), for more than a nominal amount of time that is the result of the person's regularly scheduled activities or work duties. 2. Purpose As mandated by the Washington State Legislature, the purpose of this contract is to provide funding to expand evidence based treatment and training programs administered by local juvenile courts. The expanded programs include Functional Family Therapy (FFT), Multi-Systemic Therapy (MST), Washington State Aggression Replacement Training (WSART), Coordination of Services (COS), and Family Integrated Transitions (FIT), and Education and Employment Training (EET). General Requirements. Upon approval of the County Juvenile Court's Approved Evidence Based Expansion Application Response, the County Juvenile Court shall: a. Provide projects and services in compliance with the County Juvenile Court's Approved Evidence Based Expansion Application Response to the Rehabilitation Administration's Juvenile Rehabilitation (JR) Evidence Based Expansion Solicitation; b. All participating youth must be administered a Washington State Juvenile Court prescreen or full Risk Assessment. Youth who are moderate to high risk on the prescreen assessment must receive a full assessment. All moderate to high risk youth must receive a reassessment at the end of probation, in accordance with the timeline specified in the County Juvenile Court's Approved Evidence Based Application Response; and c. Ensure compliance with existing Community Juvenile Accountability Act (CJAA) State Quality Assurance programs for the following programs: Functional Family Therapy, Family Integrated Transitions (FIT), Multi-systemic Therapy, Washington State Aggression Replacement Training, Coordination of Services, and Education and Employment Training. 3. Intervention Programs: a. Functional Family Therapy, Multi-systemic Therapy, Washington State Aggression Replacement Training, Coordination of Services, Family Integrated Transitions, and Education and Employment Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 3 Training. b. The County Juvenile Court must serve the number of youth at the cost budgeted and as detailed in the County Juvenile Court's Approved Evidence Based Application Response. If the County Juvenile Court anticipates deviating from any aspect of its Application Response, it must submit a written request for prior approval to the JR Juvenile Court Treatment Programs Administrator. Service delivery must be based on and adhere to the following specifications: (1) For Functional Family Therapy (FFT): (a) General precepts/practices contained in FFT, LLC Initial 3-Day Training; (b) Assessment/Reporting Standards contained in FFT, LLC 1-Day Systems Training; (c) Clinical feedback from FFT LLC in on-going consultation and site visits; (d) Feedback from designated FFT statewide Quality Assurance Administrator in on-going consultation and site visits; and (e) Precepts/practices of FFT contained in Blueprints for Violence Prevention (2) For Multi-systemic Therapy (MST): (a) Precepts/practices of MST contained in Blueprints for Violence Prevention; and (b) General precepts/practices contained in training, consultation, and clinical oversight as provided by the University of Washington. (3) For Washington State Aggression Replacement Training (WSART): (a) Precepts/practices contained in Aggression Replacement Training (Rev. Ed.) by Goldstein, Glick and Gibbs; (b) Precepts/practices contained in WSART initial training or subsequent Quality Assurance statewide meetings; (c) Feedback from designated WSART statewide Quality Assurance Specialist and Regional Site Consultants in on-going consultation and site visits. (d) All WSART sites are required to utilize the WSART Database to track progress on starters and completers of WSART. (4) For Coordination of Services (COS): (a) Precepts and practices contained in Coordination of Services Statewide Manual; and (b) General Precepts and practices contained in the Coordination of Services initial training. (5) For Family Integrated Transitions (FIT): (a) Attendance to all training on the treatment model required; (b) Compliance with all concepts and practices contained in the training and in the developed treatment model; and (c) Clinical guidance as supplied by the University of Washington. Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 4 (6) Employment Education and Training (EET): (a) General precepts and practices contained in the EET Statewide Manual. (b) Feedback from designated EET statewide Quality Assurance Specialist in on-going consultation and site visits. c. For the interventions listed above: (7) The County Juvenile Court shall comply with the Washington State Institute for Public Policy (WSIPP) evaluation design for CJAA (see CJAA: Program Evaluation Design, WSIPP, November 1998). WSIPP will evaluate recidivism effects as well as the costs and benefits of the programs. The County Juvenile Court shall participate with all parties to ensure effective program evaluation. (8) RCW 13.40.500 through 13.40.550 requires that the County Juvenile Court collect the name, date of birth, gender, social security number, and Juvenile Information System (JUVIS) number for each juvenile enrolled in the Evidence Based Expansion Program. 4. Performance-Based Contracting Implementation a. Beginning July 1, 2019, DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by House Bill 1661. b. The purpose of this change is to help achieve DCYF's long-term outcome goals, with a focus on building partnerships, using data to learn and improve, and advancing racial equity. c. DCYF Outcome Goals supported by Juvenile Courts' EBPs include: (1) Parents and caregivers are supported to meet the needs of children and youth; (2) Youth school engagement; (3) High school graduation; and (4) Youth mental/behavioral health. d. The quality measure below only apply to Juvenile Court EBPs, which are described in the Statement of Work, Section 3. e. Quality Measures: The Contractor shall participate in ongoing reporting, monitoring, and discussion with DCYF for the following quality measures. Program starts Goal Youth access needed Evidence-Based Programs EBPs Metric Number of youth who start an EBP Target 100% of youth identified in contractor's application to start an EBP Reporting Contractors will continue to report program starts in PACT (See Requirement Section 2.b Performance Contract Size /Term: Contractors future allocation will be based on Management percent of target achieved in the current contract cycle Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 5 Continuous DCYF will support continuous improvement by establishing a Improvement performance feedback loop to share and review performance data with contractors at least annually. 5. Consideration. a. The maximum consideration for the Evidenced Based Expansion program for SFY20-21 is identified in the "Juvenile Court Evidence Based Expansion Funding Awards SFY20-21" list, incorporated herein by reference. b. Under expenditure in FY20 may not be carried forward to the subsequent fiscal year. A revenue sharing process may be made available during the latter part of SFY20 and SFY21 for all counties participating in the Evidence Based Expansion contract, provided funding is available. c. The full list of priorities is detailed in the "County Juvenile Court's Washington State Juvenile Court Evidence Based Expansion Application". County Juvenile Courts shall submit the JR provided "Revenue Sharing Requests/Returns Form" to the JR Juvenile Court Treatment Programs Administrator identified on page 1 no later than May 15th of each fiscal year. Late submittals shall not be considered, unless otherwise mutually agreed upon. Revenue sharing increases and decreases will be awarded by distribution of a revised "Juvenile Court Evidence Based Expansion Funding Awards SFY20-21" list. The total maximum consideration for this contract may increase or decrease, depending on the results of revenue sharing distributions and changes in appropriations as directed by the legislature." d. JR will review utilization by January 15' each fiscal year. If the County Juvenile Court has significantly exceeded their proposed cost per participant as detailed in their "County Juvenile Court's Washington State Juvenile Court Evidence Based Expansion Application", the Juvenile Court Treatment Programs Administrator and CJAA Advisory Committee shall intervene and a work plan be developed with the County Juvenile Court to maintain compliance with their proposed cost per participant. (1) The cost per participant is determined in section 4(C) of the "County Juvenile Court's Washington State Juvenile Court Evidence Based Expansion Application", incorporated herein by reference." e. Reimbursable costs include staff salaries, staff benefits, training, fees, quality assurance where appropriate, and local expenditures on administration. f. Reimbursement for administrative and equipment costs shall not exceed 15% of the original annual allotment. Administrative costs include discrete, assignable activities and cost necessary for overall management and support of a program. 6. Payment and Billing. a. DCYF shall pay the Contractor upon acceptance by DCYF of a properly completed Invoice Voucher (A-19), or other JR pre-approved invoice document, and the required monthly project forms. JR retains the right to withhold payment for incomplete or delinquent reimbursement packages. b. The following Deliverables must be attached with the Invoice Voucher (A-19) and completed before payment will be made by JR: (1) Monthly Project Update Form. Use Exhibit C— Monthly Project Update Form. Submit a separate Update Form for each intervention program (FFT, MST, WSART, COS, FIT, and EET). (2) Monthly Reimbursement Request Form. Use Exhibit D— Monthly Reimbursement Request Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 6 Form. Submit a separate Update Form for each intervention program (FFT, MST, WSART, COS, FIT, and EET). (3) Quarterly Target Update Form. Use Exhibit E — Quarterly Target Update Form. Submit a separate Target Update Form for each intervention program (FFT, MST, WSART, COS, FIT, and EET) to JR within 15 days following each fiscal quarter being reported on. This form does not need to be submitted with the monthly Invoice Voucher (A-19). (4) Complete Monthly Business Intelligence Tool (BIT) EBP Summary Report. c. The County Juvenile Court agrees to accept payment as outlined in this Billing and Payment Section of the Contract as total and complete remuneration for services provided to offenders under this Contract. This does not preclude the County from seeking other funding sources. No indirect costs are allowed. d. The County Juvenile Courtshall use these funds to supplement, not supplant, the amount of federal, state, and local funds otherwise expended for the services provided under this Contract. e. Under no circumstance shall the County Juvenile Court bill twice for the same services. f. The County Juvenile Court shall maintain backup documentation of all costs billed under this Contract. g. Stop Payment. If reports required under this Contract are delinquent, JR may stop payment to the County Juvenile Court until such required reports are submitted to JR. 7. County Compliance. a. Subcontractors If the County Juvenile Court utilizes subcontractors for the provision of services under this Contract, the County Juvenile Court must notify the JR Juvenile Court Treatment Programs Administrator in writing and maintain sufficient documentation to verify that the subcontractors meet all the requirements under this Contract. In no event shall the existence of a subcontract release or reduce the liability of the County Juvenile Court for any breach of performance. b. Other Provisions The County Juvenile Court shall comply with the following other provisions for all services provided under this Contract. (1) Background Check/Criminal History— (a) In accordance with Chapters 388-700 WAC (JR-Practices & Procedures), 72.05 RCW (Children & Youth Services), and by the terms of this contract, Contractor and each of its employees, subcontractors, and/or volunteers who may or will have regular access to any client/juvenile must be cleared through a JR approved criminal history and background check. In addition, Contractor, each of their employees, subcontractors, and/or volunteers, who may or will have limited access to any client/juvenile, may be required to be cleared through a JR approved criminal history and background check. (b) By execution of this contract, Contractor affirms that Contractor, each of its employees, subcontractors, and/or volunteers, who may or will have regular access have not been convicted of any of the following: L Any felony sex offense as defined in 9.94A.030 RCW(Sentencing Reform Act-Definitions) Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 7 and 9A.44.130 RCW(Sex Offenses); ii. Any crime specified in Chapter 9A.44 RCW (Sex Offenses) when the victim was a juvenile in the custody of or under the jurisdiction of JR; or iii. Any violent offense as defined in 9.94A.030 RCW(Sentencing Reform Act-Definitions). Contractor must require that current employees, volunteers, and contracted service providers who are authorized for regular access to a juvenile(s) report any guilty plea or conviction of any of the above offenses. The report must be made to the person's supervisor within seven (7) days of conviction and any person who have reported a guilty plea or conviction for one or more of these offenses must not have regular access to any offender. Contractor shall also document background checks/criminal history clearances for monitoring purposes. (2) Sexual Misconduct— (a) 13.40.570 RCW (Sexual misconduct by state employees, contractors)states that when the Secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an offender has occurred, the Secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender. (b) By execution of this contract, contractor affirms that contractor, each of its employees, subcontractors, and/or volunteers are knowledgeable about the requirements of 13.40.570 RCW(Sexual misconduct by state employees, contractors)and of the crimes included in 9A.44 RCW(Sex Offenses). (c) In addition, the Secretary shall disqualify for employment with a contractor in any position with access to an offender, any person: i. Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or ii. Convicted of any crime specified in chapter 9A.44 RCW(Sex Offenses) when the victim was an offender (d) If any actions are taken under 13.40.570 RCW, subsections (3) or(4), the Contractor must demonstrate to the Secretary they have greatly reduced the likelihood that any of its employees, volunteers, or subcontractors could have sexual intercourse or sexual contact with any offender. The contract shall not be renewed unless the Secretary determines significant progress has been made. 8. Compliance with JR Policies and Standards. a. In addition to the governing Federal and State laws and regulations, the Contractor shall comply with all DCYF and JR Rules and Policies as applicable to the services provided. b. In case of conflict or inconsistency between the aforementioned, the higher standard of compliance shall prevail. 9. Monitoring The County shall assist the JR to perform reviews of sites where services are delivered at regular intervals using agreed upon forms and methods. Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 8 10. Items Incorporated by Reference a. RCW 13.40.500 — 13.40.550; b. Juvenile Disposition Sentencing Standards; c. Evidence-Based Public Policy Options to Reduce Future Prison Construction (October 2006); d. Providing Evidence-Based Programs with Fidelity in Washington State Juvenile Courts: Cost Analysis; and e. The Washington State Juvenile Court Evidence Based Expansion Application document dated July 17, 2019. 11. JR Program Contact Information The primary program contact for this Contract for DCYF shall be: Robert Leonard Program Administrator Juvenile Rehabilitation 1115 Washington St. SE 98504-4570 206.639.6009 Leon aRC(a),dshs.wa.gov Department of Children.Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 9 EXHIBIT C Juvenile Court Evidence Based Expansion MONTHLY PROJECT UPDATE FORM The following information must be submitted on the Monthly Project Update Form, as provided by JR, for each type of intervention (WSART, FFT, MST, COS, FIT, and EET) and attached to an Invoice Voucher Form A-19 when submitting requests for payment to JR. (1) County Name. (2) Month/Year of Service. (3) The court's projected number of youth who will start the program for the current fiscal year. (4) The number of youth who started the program during this month (Youth shall only be counted as a starter one time per evidence based program per probation obligation). (5) The total number of youth who started the program since the beginning of the current fiscal year. (6) The number of youth who have successfully completed the program during this month. (7) The number of youth who have successfully completed the program since the beginning of the current fiscal year. (8) The total number of youth who are still active in the program and have not completed as of the end of this month. (9) The Total Reimbursement for the program since the beginning of the current fiscal year. (10)The county's current cost per youth for the program. (11) Program Comments (include barriers to getting youth to start the programs and/or any opportunities to expand the programs). Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 10 EXHIBIT D Juvenile Court Evidence Based Expansion MONTHLY REIMBURSEMENT REQUEST FORM Attach completed Form(s) to an Invoice Voucher Form (A-19) when submitting requests for payment to JR. Note: Complete a separate MONTHLY REIMBURSEMENT REQUEST FORM for each type of intervention (WSART, FFT, MST, COS, FIT, and EET). COUNTY MONTH/YEAR INTERVENTION PROGRAM (FFT, WSART, ETC.) COSTS THIS MONTH $ Administrative (not to exceed 15%) $ TOTAL COST $ Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 11 EXHIBIT E Juvenile Court Evidence Based Expansion QUARTERLY TARGET UPDATE FORM Submit completed Form(s) to JR within 15 days following each fiscal quarter being reported on. Note: Complete a separate QUARTERLY TARGET UPDATE FORM for each type of intervention (WSART, FFT, MST COS, FIT, and EET). COUNTY QUARTER YEAR INTERVENTION PROGRAM (FFT, WSART, ETC.) PROPOSED QUARTERLY TARGETS FIRST QUARTER: SECOND QUARTER: THIRD QUARTER: FOURTH QUARTER: JUL — SEP OCT — DEC JAN — MAR APR — JUN ACTUAL QUATERLY TARGETS 1. is the number of youth who participated in the project for the quarter being reported. 2. is the number of youth who completed the project for the quarter being reported. BARRIERS/ISSUES TO MEETING QUARTERLY PARTICIPATION IDENTIFIED OPPORTUNITIES TO EXPAND PARTICIPATION Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 12 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mason County Sheriff's Office Action Agenda Public Hearing Other DEPARTMENT: Patrol Division EXT: COMMISSION MEETING DATE: 07-15-19 Agenda Item # Commissioner staff to complete) BRIEFING DATE: Monday BRIEFING PRESENTED BY: Chief Spurling and Diane Sheesley Previous briefing: Ongoing quarterly briefing on Traffic Policing status ITEM: Quarterly Briefing to BOCC on Traffic Diversion spending status for 2019 Background: MCSO and the Mason County Engineer continue to work together to provide a status and briefing for the BOCC on traffic policing and Road Department related law enforcement activities. A report showing actual expenditures to date utilizing the current BARS Account numbers as prescribed by SAO (currently BASUB and Element 521.70) We will continue to meet on a monthly basis to provide the County Engineer with sufficient detail on activities and expenditures to provide adequate information to allow him to meet the requirements of appropriate expenditures and reporting of County Road Funds under State Law and regulations. MCSO would like brief the BOCC to fulfill the intent of the C.R.A.B. model MOU between Boards of County Commissioners and Sheriff Offices. MCSO is briefing on our status of the Traffic program that includes nine (9) Traffic Deputies and the time and effort of all other deputies spent for road purposes as designated in RCW 36.79.140, and WAC 136-25-030 RECOMMENDED ACTION: None Attachment(s): Sheriff's Office document on 2 r quarter 2019 activities and spending for Traffic Policing. 7/10/2019 NCotSN �' p 0A To: Undersheriff T. Adams From: Chief Criminal Deputy R. Spurling I Date: July 10, 2019 RE: 2019 second quarter report for traffic diversion funds In an effort to fulfill the intent of the County Roads Administration Board (CRAB) model policy and to provide adequate records of traffic law enforcement efforts and expenditures in such a format that is legal, visible, and detailed, this report is submitted. I have met with Mason County Public Works County Engineer Diane Sheesley. We have partnered with Public Works to ensure they have all that is needed, from the Sheriff's Office, to account for all traffic diversion funds. We will continue to meet and provide sufficient detail on activities and expenditures to provide adequate information for them to meet the requirements of appropriate expenditures and reporting of County Road Funds under State Law and regulations. Below, I have listed data that will be regularly provided to the County Engineer or Director and on a quarterly basis, to the BOCC. 1) 2019 Second quarter- Equipment and time and effort of the nine dedicated traffic deputies and the time and effort of other deputies spent for road purposes as designated in RCW 36.79.140 and WAC 136-25-030. (BARSUB and Element 521.70) = 47% or $1,016,495.00 of traffic diversion total of $2,160,000.00. (Adjusted to $2,214,252) a) We have had six positions in the patrol division vacated as a result of retirements and lateral transfers in 2019. We have also added a civil deputy position and had one open vacancy from 2018. This has resulted in 2 Deputies in the academy, 2 waiting for the academy, 2 in FTO training and 2 in the process of being hired. As a result, we are behind benchmark for wages/benefits in traffic. We are 3% underspent at this time.) � u � eaft b) Examining our hourly time and effort data from 2018 has allowed us to establish a base line for the 2019 year. During the 2019 year we will: (1) Allocate 82% of the time and effort from our traffic deputies to traffic. (2) Allocate 45% of the remaining 27 patrol deputy's time and effort to traffic. c) Our dedicated traffic deputies are; 1. Deputy Gaynor 2. Deputy Ellis 3. Deputy Dugan (Deputy Rangel as of 4/16/19) 4. Deputy Mondry 5. Deputy Dodge 6. Deputy Spera 7. Deputy Wood 8. Deputy Rowe 9. K-9 Deputy Nate Anderson We currently have the following data to quantify efforts in the areas WAC 136-25- 030 identifies as acceptable policing purposes: 1. Speed limit and other traffic law enforcement— a. 1St quarter 2018 = 343 b. 2nd quarter 2018 = 298 c. 3`d quarter 2018 = 369 d. 4th quarter 2018 = 202 e. 2018 Total = 1,212 tickets f. All DWLS referred to the prosecutor. g. 1St quarter 2019 = 178 h. 2"d quarter 2019 = 239 2. Collision investigations — a. 1 st quarter 2018 = 67 b. 2nd quarter 2018 = 79 c. 3rd quarter 2018 = 96 d. 4th quarter 2018 = 78 e. 2018 Total = 320 collisions investigated f. 1 St quarter 2019 = 77 g 2"d quarter 2019 = 53 3. Oversized vehicles — incidents referred to Washington State Patrol 4. Special traffic emphasis — a. 1St quarter 2018 = 40 hours b. 2nd quarter 2018 = 0 hours c. 3rd quarter 2018 = 95 hours- mostly in school zones (158 stops) d. 4th quarter 2018 = 256 hours e. 2018 Total = 391 hours f. 1 St quarter 2019 = g 2"d quarter 2019 = 5. Removal of abandoned vehicles — a. 1 st quarter 2018 = 85- impounds / 52 = disabled veh. / 37= abandoned vehicles. b. 2nd quarter 2018 = 93— impounds / 39 = disabled veh_. / 93— abandoned vehicles. c. 3rd quarter 2018 = 90— impounds / 39 = disabled veh. / 101 — abandoned vehicles. d. 4th quarter 2018 = 95 -impounds / 17= disabled veh. / 58— abandoned vehicles. e. 2018 Total = 363— impounds / 147= disabled veh. / 289— abandoned vehicles. f. 1St quarter 2019 = 91 -impounds /48 = disabled veh. / 112 abandoned vehicles. g 2nd quarter 2019 = 98— impounds / 38 = disabled veh. / 111 abandoned vehicles. 6. Right of way obstructions/Road hazards — a. 1St quarter 2018 =159 calls b. 2nd quarter 2018 =120 calls c. 3rd quarter 2018 = 102 calls d. 4th quarter 2018 = 124 calls e. 2018 Total = calls 505 calls f. 1St quarter 2019 = 142 g 2nd quarter 2019 = 99 7. Investigation of illegal littering- a. 3rd quarter 2018 = 19 calls for illegal dumping along County roads and 3 for littering b. 4th quarter 2018 = 15 calls for illegal dumping along County roads and 3 for littering C. 1St quarter 2019 = 19 calls for illegal dumping along County roads and _0 for littering d. 2nd quarter 2019 = 19 calls for illegal dumping along County roads and 2 for littering � � k , eatvzm and 8. Sign damage — we do not have a mechanism to track this yet, except mileage driven. 9. Road conditions —We do not have a mechanism to track this yet, except mileage driven and communication between MACECOM and Public Works during inclement weather. We also will check on conditions for Al and his crew when requested. 10.Right of way encroachments —Worked multiple with Allen Eaton. We are currently working on enforcing and impounding vehicles legally parked that have expired tabs over two months. 11.Maintenance and construction zone traffic enforcement—Working with Al Eaton, Deputy Colbenson has and will continue to work 100% of his time for 8 weeks with road crews for chip seal and fog seal projects (June 17- Aug 16) we also receive reports from Grant Dishon on construction zones and if he has a category 1 zone, we send a deputy out. 12.Road Department vehicle investigation —Working with Al Eaton 13.Other—Working with County Engineer Again, our desire is to provide adequate records of annual traffic law enforcement expenditures in such format and detail to demonstrate that the funds were used only for the traffic law enforcement activities set out in WAC 136-25-030. Ryan Spurling Chief Criminal Deputy Mason County Sheriff's Office