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2019/07/23 - Regular Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 6:00 p.m. 411 North Fifth Street, Shelton WA 98584 July 23, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments. The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 6:15 p.m. 7. Approval of Minutes —July 8 and July 15, 2019 Briefing Minutes. 8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8065545-8065795 $ 702,889.40 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ 8.2 Approval of the Litter Control Grant Agreement (SWMCLCP-1921-MaCoSO- 00029) between the Mason County Sheriff's Office and the Washington State Department of Ecology. This grant is in the amount of $85,600 and is effective until June 30, 2021. 8.3 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). 8.4 Approval of contract 20-46108-20 between Mason County Health and the Department of Commerce for the Consolidated Homeless Grant in the amount of $1,847,722. 8.5 Approval of the Evidence Based Expansion Grant #1963-59134 between Mason County and the State of Washington Department of Children, Youth and Families. Last printed 7/18/2019 9:33:00 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 COMMISSIONERS' MEETING AGENDA July 23, 2019—PAGE 2 8.6 Approval of the County Program Agreement #1963-59133 between Mason County and the State of Washington Department of Children, Youth and Families. 8.7 Approval to set a hearing on Tuesday, August 13, 2019 at 9:15 a.m. to consider the sale of surplus parcels 32021-56-02003 and 32021-56-02004 in the amount of $11,000. 8.8 Approval of the resolution amending Personnel Policy 14.5 E-Mail and Voice Mail (Electronic Communications). 9. Other Business (Department Heads and Elected Officials) 10. 6:15 p.m. Public Hearings and Items Set for a Certain Time- 10.1 Public Hearing to consider authorizing "No Parking Between Signs"on Sand Hill Road from milepost 0.925 to milepost 0.987. Staff: Dave Smith 11. Board's Reports & Calendars 12. Adjournment J:\AGENDAS\2019\2019-07-23 REG.doc CI �r MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: July 23, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Economic Development Council of Mason County sent in their 2019 second quarter report. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk 2019 Q2 Report: Economic Development Council of Mason County The Mason EDC is the lead designated economic development agency for Mason County.We represent the County and local businesses on a number of statewide, national and international issues. At the heart of the work the EDC does are four main principles: • RECRUIT investment and employment opportunities to the region, • RETAIN existing local businesses by providing technical assistance and advocacy,and • EXPAND operational capacity for local employers by providing them with new market opportunities. • COORDINATE economic development efforts in Mason County,the region,and the state. 2019 Scope of Services D CONTRACTOR to provide a budget by expense category totaling$68,000 for the 2019, one-year contract to the BOCC within fifteen days (15) of contract execution. COMPLETED ❑ CONTRACTOR to provide update to Board of County Commissioner... Deliverable:At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work during public testimony at commission meetings. Q1:02.25.2019 RECRUITMENT& MARKETING ❑ CONTRACTOR to market Mason County as excellent locations to expand or relocate ... Deliverable: number of businesses contacted. Q1: New leads: 7 Potentials Pipeline: 10 Sites: Industrial Land -Work on current industrial land and potential development areas. Commercial sites-identification of potential projects areas, review of current infrastructure,assessment of needed infrastructure to make marketable. Development and marketing of Hwy 101 corridor sites. Runway Business Park-initial demolition work scheduled and site plan development moving forward. ❑ CONTRACTOR to provide site location assistance ... RECEIVE® Deliverable: Quarterly list of project names. Q1: Project Gel X—medical consumables manufacturer JUL 16 2019 Project White—Papermill warehouse Project THG—hotel and retail development Mason County Commissioners BUSINESS RETENTION & EXPANSION ACTIVITIES ❑ CONTRACTOR to work with partners throughout the county... Deliverable: copy of communication plan on or before 3/31/2019 COMPLETED Deliverable: quarterly dashboard of communication analytics. Q1: DASHBOARD OF ANALYTICS: 2019 Q2 WEBSITE 4118 9663 84% 82290 SOCIAL MEDIA :0 Followers:1020 Followers:25 New Followers:148 New Followers:0 Page Views:451 New Tweets:0 Likes:973 Post Reach:8899 ❑ CONTRACTOR to provide business retention and expansion services ... Work has begun on a formal BRE program.This program incorporates a wide range of tools and services designed to help local businesses become more competitive and to grow where they are rather than relocate. Deliverable: number of businesses visited. Q1: 10 Deliverable: number of follow-ups with existing businesses. Q1: 10 ❑ CONTRACTOR to participate ... in the coordination of the job skills training program and the customized training program within its region. Q1: Pacific Mountain Workforce Development Council—Jennifer Baria board member. CDBG Business Builder Course—Grant awarded. Nye Training Center—work continues with Olympic College, Shelton School District, EDC, public and private partners to build out this needed trades-forced training center. BUSINESS ASSISTANCE ❑ CONTRACTOR to provide or facilitate the provision of export assistance. ❑ CONTRACTOR to provide business assistance ... Deliverable: number of businesses that direct assistance was provided. Q1: 17 Deliverable: and number of follow-up interactions. Q1: 15 READINESS&CAPACITY BUILDING ❑ CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/19. ❑ CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. D CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. D CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. ❑ CONTRACTOR to provide an annual snapshot of local economic conditions ... Deliverable: Economic Vitality index. BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of July 8,2019 Monday,July 8,2019 9:00 A.M. Presentation of 2019 Budget Guidelines—Jennifer Beierle Commissioners Shutty,Trask and Neatherlin were in attendance. o Jennifer presented the 2020 budget guidelines and stated that preliminary budgets are due to the Auditor by close of business August 12,2019.On July I I1h,training is available in the chambers. 9:15 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. o Frank first discussed 160 Panorama Drive,noting that the buyer is asking for another 60-day extension.The buyer has not put down any earnest money and Frank recommended asking for the earnest money if the Board agrees to move forward. Cmmr.Neatherlin said they originally asked for an extended closing for their feasibility study,which they did not get done.He suggested requiring the earnest money be non-refundable. It was decided to not move forward with the offer. o Frank then addressed an offer on parcel 61902-50-00003.The current offer is $5,000.The Board approved the offer and it will go on the action agenda to set a hearing. o CDBG Grant-Kelly Bergh briefed the grant details noting that the contract total is $105,732 under contract#19-62210-010 with the Community Action Council. o Cmmr.Discussion—Cmmr. Shutty discussed the interlocal agreement with the Thurston-Mason Behavioral Health Organization and said that the interlocal agreement needs to be updated and may need to be done by the end of the month.He said he will bring more information forward as he receives it. o Cmmr.Neatherlin asked if the Board would support a$500 earnest money requirement when placing bids for County properties.The Board was in support and Cmmr.Neatherlin said he would contact Richard Beckman about this. 9:30 A.M. Juvenile Services-Jim Madsen Commissioners Shutty,Trask and Neatherlin were in attendance. o Jim asked to move forward with the 2019-2021 Juvenile Detention Alternatives Initiative(JDAI)Grant.He said this is the 11 m year they will apply for this grant as it provides$24,500 of revenue for the department for supplies,equipment,and a portion of staff salary.The Board approved moving forward with the grant application. 9:45 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. o Right of Way Acquisition Procedures update-Diane Sheesley noted that this is just a personnel update and Loretta is now listed instead of Jerry Hauth. o Cyndi Ticknor said that in their budget for 2019,they had projected spending over $1 million as they were planning to purchase a grinder.At this time they do not have the staff to run a new grinder and asked to purchase a new tractor,skid-steer loader, and a patch box.Cyndi noted that they are planning to purchase all new equipment as the current market is so high,used machinery is close to new pricing.Cmmr. Neatherlin asked staff to please try and shop used first before making their purchases. o Loretta reminded the Board of the agreement with the Skokomish Tribe and she said it is still being worked on and will be coming forward in a few weeks.Cmmr. Shutty voiced his support of the agreement due to the difficulty being faced by the Tribe. Board of Mason County Commissioners Briefing Meeting Minutes July 8,2019 Cmmr.Neatherlin voiced his concern in taking care of equipment from others. Outside entity contract rates were discussed. o Highland Road-Road closure was not in the Journal and therefore the project could not begin.The posting will make it so the work cannot begin until July 15th.Diane did not have the immediate cost to delay the project. She said that signs will be posted for evacuation routes. o Request for lighting on Bear Creek Dewatto Road. Staff will bring back the cost. 10:15 A.M. WSU Extension Office—Dan Teuteberg Commissioners Shutty,Trask and Neatherlin were in attendance. o Dan reported that WSU reappointed funding for a FTE for the Extension Office,and the request is$15K from Mason County and an additional$3,500 for laptop,supplies and travel;$55,000 plus benefits of$21,000 from WSU. This position will be a Small Farms and Natural Resources Educator 100%dedicated to Mason County and will provide community education. This will be requested in the 2020 budget. 10:30 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. o Request to appoint Russ Sackett to fill a position on the Mason County Historic Preservation Commission was approved to move to the agenda. o Building permit report for June was provided. o The public hearing to consider the Public Benefit Rating System(PBRS)is continued to July 16,2019. The Assessor's office has sent letters to several randomly selected participants currently in the Open Space program informing them they will be audited. These parcels will then be reviewed based on the proposed PBRS. The audit will take place in August so the request will be to continue the hearing to October 1,2019. Cmmr.Neatherlin expressed concern with the potential results of moving to the PBRS. Cmmr. Shutty is not sure moving to the PBRS is the right thing to do and is interested in the audit results. o WRIA 22 has a citizen position available and Cmmr.Shutty requested staff put together an announcement for next week's briefing. Commissioner Discussion o Cmmr.Shutty brought up ways to improve community outreach. The Board asked that the briefing summary form be amended to add a public outreach section. The meeting adjourned at 11:05 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of July 15,2019 Monday,July 15,2019 9:00 A.M. Thurston Mason Behavioral Organization—Mark Freedman Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to approve a second amendment to the ILA between Mason County and Thurston County which formed the Thurston-Mason Behavioral Health Organization(TMBHO)in response to 2019 legislation,SB5432,which allows for the formation of a Behavioral Health Administrative Service Organization(BH-ASO)for Non-Medicaid services,with a priority for crisis care. • The treatment facility in Mason County is slowly moving along with the goal of opening by end of this year. 9:15 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Review of the Email Management Policy. Cmmr.Neatherlin asked that deleted emails be retained for 1 year before being purged. The policy will be placed on the agenda for approval. • The June Financial Statements were reviewed.The Commissioners asked for more detail on the sales tax. • Two offers to purchase two parcels of county surplus property were reviewed. One offer has an escalation clause that places the offer at$11,000 and the Commissioners accepted that offer. • Discussion of the delay of the Mason Transit Park and Ride and round about project at Log Yard Road. Cmmrs.Shutty and Neatherlin are good with going to bid in August. 9:45 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Review of Water Quality program needs and funding options. There are five shellfish protection districts in Mason County that do not charge any fees. Funding options include charging a fee in the shellfish protection districts or charge all parcels county-wide. Currently there is a.5FTE that is grant funded doing water quality work in the North Bay Shellfish Protection District,which was downgraded in 2017. Annas Bay was recently downgraded. They need two FTE's in the Water Quality program. Cmmr.Shutty noted that Seattle Shellfish supports the Skagit County program and suggested Mason County explore this option. He asked staff to design a program that could be funded by Mason County to consider in the 2020 budget process. Cmmr.Neatherlin supports$5 per parcel for a water quality program;he doesn't support charging those who do not have septic problems. Alex stated the Skagit County has a fee schedule that is applied county-wide based on the use of the parcel. There are restrictions to charging fees on certain types of parcels in shellfish protection districts. • Consolidated Homeless Grant with the Department of Commerce to provide resources to homeless crisis response systems. There will be an additional briefing next week. • Weekly building permit report was reviewed. • No applications have been received for the Plans Examiner position. • The Fire Marshal position will be vacated. This will impact commercial building permits. Staff is exploring options on how to cover this service. A Building Inspector V includes Building Official and Fire Marshal duties. • There is a logging operation on the north shore that is under a DNR permit. 10:20 A.M. BREAK Board of Mason County Commissioners' Briefing Meeting Minutes July 15,2019 10:25 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to bring forward the Interlocal Agreement between the City of Bremerton,Port of Bremerton and Mason County was approved. • $2M award grant for the Belfair Sewer will be brought forward. • Deputy Director recruitment for Utilities is still open and they are exploring options,including reassigning some duties internally and contracting for some services. The current job description has a P.E.requirement. • Water meter project update was provided. Staff will provide the information to the Commissioners on what the charges will look like. • WSDOT Coffee Creek project is moving forward. • Street lighting requests are being reviewed. • Belfair Financial Study-$54K cost per$1M of debt. Information will be coming forward on project options. • Hoodsport pedestrian safety improvements.Working on placing our speed trailer in WSDOT right of way;staff will obtain a permit. Pedestrian crossing at Schoolhouse Road will impact two parking spaces. WSDOT stated they will put in the pedestrian crossing this summer. Staff is working on the rapid flashing beacon and who will maintain.Discussion of speed signs— using a trailer or the type that is placed on a speed limit sign. Staff will bring back the cost of purchasing the speed signs. • Equipment purchase continued from last week. Staff reported there are no used tractors available that meet the specs. Cmmr.Neatherlin doesn't understand how there cannot be any used tractors available. Commissioners asked staff to look at Ritchie Brothers. This will be brought back. • The Highland Road project has started. 10:45 A.M. Juvenile Court Services—Jim Madsen Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to move two grants for 2020-2021 to agenda for approval: Consolidated Block Grant and Evidence Based Expansion Grant. 11:00 A.M. Sheriffs Office—Chief Spurting Commissioners Shutty,Trask and Neatherlin were in attendance. • Quarterly report for traffic division funds was reviewed. There are nine dedicated traffic deputies to road purposes and YTD expenses are 47%or$1,016,495 of the traffic diversion total of$2,160,000 has been spent. Due to retirements,the expenses are a bit lower and these positions are being filled so staff doesn't expect a shortfall of expenses from traffic diversion. Discussion of vehicle purchase from traffic diversion. Speed trailers and radars are acceptable capital purchases. Cmmr.Shutty asked this report be provided at the TIPCAP meeting. The meeting adjourned at 11:05 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner cicr kl�, MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: July 23, 2019 Agenda Item # g , 1 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8065545-8065795 $ 702,889.40 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 14,479,110.24 Direct Deposit YTD Total $ 8,873,066.14 Salary Clearing YTD Total $ 9,518,496.25 Approval of Treasure Electronic Remittances YTD Total $ 5,363,522.36 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8065545-8065795 $ 702,889.40 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Sheryl Hilt Action Agenda _X_ Public Hearing Other DEPARTMENT: Sheriff's Office EXT: 636 COMMISSION MEETING DATE: July 23, 2019 Agenda Item # 0 Commissioner staff to complete) BRIEFING DATE: 3/11/2019 BRIEFING PRESENTED BY: Sheryl Hilt [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Department of Ecology Litter Control Grant Agreement SWMCLCP-1921-MaCoSO-00029. BACKGROUND: The Mason County Sheriff's Office has been approved for $85,600 for the 2019-2021 fiscal year to use appropriate inmates to collect litter on rural highways and remote dumping spots. RECOMMENDED ACTION: Review and provide chair signature of both copies of the agreement. BUDGET IMPACTS: None, the Sheriff's Office budgeted $50,000 for this grant for the 2019 fiscal year. ATTACHMENT(S): Two copies of the agreement. C:\Users\MDrewry\Documents\GroupWise\DOE-BOCC Action Item.doc ' DEPARTMENT OF tMECOLOGY State of Washington Agreement No. SWMCLCP-1921-MaCoSO-00029 SOLID WASTE MANAGEMENT COMMUNITY LITTER CLEANUP PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY SHERIFF'S OFFICE This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter referred to as"ECOLOGY,"and Mason County Sheriffs Office,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: CLCP 2019-2021 grant Total Cost: $167,000.00 Total Eligible Cost: $85,600.00 Ecology Share: $85,600.00 Recipient Share: $0.00 The Effective Date of this Agreement is: 07/01/2019 The Expiration Date of this Agreement is no later than: 06/30/2021 Project Type: CLCP Grant Project Short Description: Litter and Illegal Dump Cleanup and Prevention Project Project Lona Description: To remove litter and illegally dumped material from public lands and/or provide litter and illegal dump prevention education to citizens and other organizations.The recipient shall furnish the necessary personnel,equipment,material and/or services,and/or otherwise do all things necessary for or incidental to the performance of the scope of work set forth herein. Overall Goal: The recipient will clean county roads and state highways throughout Mason County and illegally dumped materials from remote public access areas in order to keep Mason County clean and free of litter utilizing low tier offenders with two State of Washington Department of Ecology Page 2 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office Community Service Officers supervising. RECIPIENT INFORMATION Organization Name: Mason County Sheriffs Office Federal Tax ID: 91-6001354 DUNS Number: 069580751 Mailing Address: PO Box 1037 Shelton,WA 98584 Physical Address: PO Box 1037 Shelton,Washington 98584 Organization Email: shilt@co.mason.wa.us Contacts Project Manager Kevin Hanson Chief of Corrections 411 n 4th st shelton,Washington 98584 Email: khanson@co.mason.wa.us Phone: (360)427-9670 Billing Contact Sheryl Hilt Finance Manager PO Box 1037 Shelton,Washington 98584 Email: shilt@co.mason.wa.us Phone: (360)427-9670 X636 Authorized Sheryl Kay Hilt Signatory Finance Manager PO Box 1037 Shelton,Washington 98584 Email: shilt@co.mason.wa.us Phone: (360)427-9670 X636 Version 10/30/2015 State of Washington Department of Ecology Page 3 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia,WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey,WA 98503 Contacts *Ariona Project Manager PO Box 47775 Olympia,Washington 98504-7775 Email: ario461@ecy.wa.gov Phone: (360)407-6351 My-Hann Mai Financial Manager PO Box 47600 Olympia,Washington 98504-7600 Email: MMAI461@ecy.wa.gov Phone: (360)407-6996 Version 10/30/2015 State of Washington Department of Ecology Page 4 of 19 Agreement No: SWMCLCP-192 1-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Mason County Sheriffs Office Department of Ecology By: By: Laurie Davies Date Sheryl Kay Hilt Date Solid Waste Management Finance Manager Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 State of Washington Department of Ecology Page 5 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriff's Office Kevin Shutty Chair of Mason County Board of Date Commissioners Kevin Hanson Jail Chief Date Version 10/30/2015 State of Washington Department of Ecology Page 6 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office SCOPE OF WORK Task Number: 1 Task Cost: $85,600.00 Task Title: Litter Pickup and Illegal Dump Cleanup Task Description: The RECIPIENT will coordinate a supervisor and three to six inmates on a crew that works eight(8)hours a day and two to four(2-4)days per week year-round,as weather permits,to pick up litter and clean up illegal dumpsites. The work crew will separate recyclables from litter as practical. The RECIPIENT will coordinate a second crew with a supervisor and two to five Community Service Workers supplied by the Court's alternative sentencing program. They will clean county roadways and illegally dumped materials from remote public areas on Federal Parks, State Parks,Department of Natural Resources(DNR)Lands etc. The RECIPIENT will coordinate with the Mason County Roads Department or Washington State Department of Transportation(WSDOT)for the collection and disposal of bags,or the crew will transport the bags to the county transfer station for disposal. The RECIPIENT will coordinate scheduled cleanup in partnership with WSDOT and the Ecology Youth Corps to avoid duplication of effort The RECIPIENT will handle all safety training and will ensure the proper equipment is used. Signs and cones will be used to ensure the safety of workers in traffic areas. ELIGIBLE COSTS: Eligible costs include supervisor salaries and benefits,administrative costs(not to exceed 10%of total grant amount),tools, equipment and supplies,vehicle fuel and maintenance(Note: you may not charge for general equipment rental and revolving fund ER&R charges—refer to CLCP Guidelines for details),eligible training,and eligible disposal costs. Task Goal Statement: The RECIPIENT will clean county roads and state highways throughout Mason County and illegally dumped materials from remote public access areas to keep Mason County clean and free of litter. Task Expected Outcome: Expected outcomes are: 350 Road miles to be cleaned 300000 Pounds of litter collected 0 Acres to be cleaned 175,000 Pounds of debris from illegal dumps 450 Illegal dumps to be cleaned 2,300 Supervisor hours 0 Pounds of material recycled 6,000 Total crew hours Version 10/30/2015 State of Washington Department of Ecology Page 7 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office Recipient Task Coordinator: Sheryl Hilt Litter Pickup and Illegal Dump Cleanup Deliverables Number Description Due Date 1 1 Deliverables are the Expected Outcomes 06/30/2021 Version 10/30/2015 State of Washington Department of Ecology Page 8 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office BUDGET Funding Distribution EG190436 NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Mason County CLCP Grant 2019-2021 Funding Type: Grant Funding Effective Date: 07/01/2019 Funding Expiration Date: 06/30/2021 Funding Source: Title: Waste Reduction Recycling and Litter Control Account(WRRLCA) Type: State Funding Source%: 100% Description: Community Litter Cleanup Program Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:0% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Mason County CLCP Grant 2019-2021 Task Total Litter Pickup and Illegal Dump Cleanup $ 85,600.00 Total:$ 85,600.00 Version 10/30/2015 State of Washington Department of Ecology Page 9 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Mason County CLCP Grant 0.00 % $ 0.00 $ 85,600.00 $ 85,600.00 2019-2021 Total $ 0.00 $ 85,600.00 S 85,600.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Grant administrative costs are limited to 10 percent of grant approved expenditures, excluding Tools and Trucks. Administrative costs for Tools and Trucks are not allowed under this grant program. RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial(including payment requests),performance,and other reports required by this Agreement.ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled Version 10/30/2015 State of Washington Department of Ecology Page 10 of 19 Agreement No: SWMCLCP-192 1-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five tc executives using the FFATA Data Collection Form. • Receives more than$25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements,including the required DUNS number,at www.fsrs. og v<http://www.fsrs.pov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspgnding. og v<http://www.usaspendin2_2ov/>. For more details on FFATA requirements,see www.fsrs. og. v<http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Page 11 of 19 Agreement No: SWMCLCP-192 1-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/I 701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered,disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grantor loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects,if required,comply with Governor Executive Order 05-05,Archaeology and Cultural Resources. • For projects with any federal involvement,if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. Version 10/30/2015 State of Washington Department of Ecology Page 12 of 19 Agreement No: SWMCLCP-1 92 1-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic Preservation at (360)586-3064,any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44.055,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofin.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof, has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement, as appropriate,or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and other reports required by this agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Version 10/30/2015 State of Washington Department of Ecology Page 13 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in Version 10/30/2015 State of Washington Department of Ecology Page 14 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No.04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processed.Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) Version 10/30/2015 State of Washington Department of Ecology Page 15 of 19 Agreement No: SWMCLCP-192 1-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through Version 10/30/2015 State of Washington Department of Ecology Page 16 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. Version 10/30/2015 State of Washington Department of Ecology Page 17 of 19 Agreement No: SWMCLCP-192 1-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and Version 10/30/2015 State of Washington Department of Ecology Page 18 of 19 Agreement No: SWMCLCP-1921-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement Version 10/30/2015 State of Washington Department of Ecology Page 19 of 19 Agreement No: SWMCLCP-192 1-MaCoSO-00029 Project Title: CLCP 2019-2021 grant Recipient Name: Mason County Sheriffs Office ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Version 10/30/2015 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mark Freedman, TMBHO Action Agenda Public Hearing Other DEPARTMENT: Thurston-Mason BHO EXT: COMMISSION MEETING DATE: July 23, 2019 Agenda Item # 3.3 Commissioner staff to complete) BRIEFING DATE: July 15, 2019 BRIEFING PRESENTED BY: Mark Freedman [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: 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). BACKGROUND: 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. RECOMMENDED ACTION: 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). ATTACHMENT: Amendment J:\DLZ\Agenda Items\2019\TMBHO ILA amendment.doc 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. ..........__..............._. 11 Page 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 Governing 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. Subject to eeEt+en3 Hiring, evaluating and terminating the TMBHO/BH-ASO Chief Executive Officer 21 Page 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: Subject to Section 3.f 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: dmini tFatiye Seniine Organization in the first year of nneratinn As the TMBHO/BH-ASO, Th�tGR 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. 3 � - 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 Th„r +'+n County Treasurer may make . 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 Tim Whitehead, Chief Deputy Randy Neatherlin, Commissioner Prosecuting Attorney 41 Page MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _404_ COMMISSION MEETING DATE: 7/23/19 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 7/15/19 BRIEFING PRESENTED BY: Lydia Buchheit / Todd Parker [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Consolidated Homeless Grant Background: 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. RECOMMENDED 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. Attachment(s): Contract cover page, additional documents available upon request I:\Community Services-Public Health\PH_07.23.19 C.Action Agenda_CHG.doc 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 caseyb(dco.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 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 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jim Madsen Action Agenda _X_ Public Hearing Other DEPARTMENT: Juvenile Court Services EXT: COMMISSION MEETING DATE: 7/23/19 Agenda Item # S Commissioner staff t8 complete) BRIEFING DATE: 7/15/19 BRIEFING PRESENTED BY: Jim Madsen [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Evidence Based Expansion Grant for State Fiscal Years 2020 and 2021 Background: 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 as well as the finalized contract for State Fiscal Years 2020 and 2021. RECOMMENDED ACTION: Approve the County Program Agreement— Evidence Based Expansion SFY 2020 and 2021 #1963-59134 between Mason County and the State of Washington Department of Children, Youth and Families. Attachment(s): County Program Agreement — Evidence Based Expansion SFY 20-21 #1963-59134 7/17/2019 COUNTY DCYF Agreement Number 1963-59134 y 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 ADMINISTRATION DCYF 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 I 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 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 &Contracts Manager Department of Children,Youth,and Families 2073CS County Evidence Based Expansion Program Agreement 6-21-2019 Page 1 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 15`h 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 Court shall 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: i. 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 Leona RC(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 MONTHNEAR INTERVENTION PROGRAM (FFT, WSART, ETC.) COSTS THIS MONTH Administrative (not to exceed 1 $ 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: Jim Madsen Action Agenda _X_ Public Hearing Other DEPARTMENT: Juvenile Court Services EXT: COMMISSION MEETING DATE: 7/23/19 Agenda Item # g (� Commissioner staff to complete) BRIEFING DATE: 7/15/19 BRIEFING PRESENTED BY: Jim Madsen [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Block Grant State Fiscal Years 2020 and 2021 Background: 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 and the finalized contract for State Fiscal Years 2020 and 2021. RECOMMENDED ACTION: Approve the County Program Agreement #1963-59133 between Mason County and the State of Washington Department of Children, Youth and Families. Attachment(s): County Program Agreement — Consolidated Contract #1963-59133. 7/17/2019 . - COUNTY DCYF Agreement Number PROGRAM AGREEMENT 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 JJamesma@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 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 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 mans ement 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(a)-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 AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: July 23, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE July 15, 2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to set a hearing on Tuesday, August 13, 2019 at 9:15 a.m. to consider the sale of parcels 32021-56-02003 & 32021-56-02004 for a total of$11,000. ($5,500 per parcel) BACKGROUND: These parcels are Tax Title and were deeded to Mason County. An attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. 32021-56-02003: Deeded to Mason County on February 17, 2017 2019 Assessed value is $8,750 Total taxes owed as of July: $1,915.84 32021-56-02004: Deeded to Mason County on February 5, 2016 2019 Assessed value is $8,750 Total taxes owed as of July: $1,472.58 RECOMMENDED ACTION: Approval to set a hearing on Tuesday, August 13, 2019 at 9:15 a.m. to consider the sale of parcels 32021-56-02003 & 32021-56-02004 for a total of $11,000. ATTACHMENTS: Purchase and Sale Agreement Notice of Hearing I:\Property Mng\Property Offers&Negotiations\441 &461 E Panorama\Action for hearing.doc AuthentisignID:30CA7528.2EA4-429A-949A-07602A48D1F7 Form 35E ©Copyright 2015 Escalation Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 1 ESCALATION ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 5,2019 1 between Steven& Debi Smith Brandon& Crystal Jennings ("Buyer') 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning Parcel#s(32021-56-02003&32021-56-02004) Shelton WA 98584 (the"Property"). 4 Address City State Zip NOTICE TO BUYER: By including this Addendum in the Agreement, you agree to have your purchase price 5 increased if Seller receives an equal or higher offer from another buyer(the"Competing Offer"). This Addendum does 6 not assure that the Competing Offer used to establish your purchase price will, in all ways, be comparable to yours. 7 You are cautioned to offer no more than you are willing to pay for the Property. You are further advised that Seller or 8 Seller's broker(s) may disclose the terms of your offer, including this Addendum, to others. 9 1. PURCHASE PRICE. If Seller receives a Competing Offer for the Property prior to accepting this offer, with a 10 Net Price equal to or greater than the Net Price of this offer, then the Net Price of this offer shall be 11 increased to $ 500.00 more than the Net Price of the Competing Offer. In no event, however, shall the 12 new purchase price of this offer exceed $ 15,500.00 . The term "Net Price" means the stated purchase 13 price(or the maximum price if the Competing Offer contains a price escalation clause) less any price adjustments 14 such as credits to Buyer for closing costs. 15 2. COMPETING OFFER. A Competing Offer must be a bona fide, arm's length, written offer on NWMLS or similar 16 forms, containing all material terms necessary for an enforceable agreement which (a) requires the full purchase 17 price to be paid in cash at closing; (b) provides for closing no later than 60 days (60 days if not filled in) 18 from the date of this offer; and (c) is not contingent on the sale of the buyer's property (i.e. no NWMLS Form 22B 19 or equivalent). A Competing Offer may include other conditions, such as a buyer's pending sale of property 20 contingency(i.e. NWMLS Form 22Q or equivalent). 21 3. SELLER'S ACCEPTANCE. Seller's escalation of this offer shall not be effective unless it is accompanied by 22 a complete copy of any Competing Offer used to escalate the purchase price, including any escalation 23 provision. 24 4. NEW PURCHASE PRICE WORKSHEET. The following formula is provided to assist the parties in calculating the 25 new purchase price. The worksheet can only be completed when the purchase price of the Competing Offer is 26 known. The accuracy or completeness of the calculation shall not render this Agreement unenforceable, and to 27 the extent the following calculations are inconsistent with the escalation provisions above, the escalation 28 provisions shall control. 29 Purchase Price of Competing Offer $ 30 (or the maximum purchase price of the Competing Offer if it contains an escalation provision) Less Credits to Buyer in Competing Offer $ 31 Competing Offer Net Purchase Price $ 32 Plus Escalation Amount(this offer) $ 33 Plus Any Credits to Buyer(this offer) $ 34 New Purchase Price (this offer) $ 35 ISIS] 07/11/2019 Cly] 07111/2019 Buye,,,r''s Initials Date rBuyer's Initials Date Seller's Initials Date Seller's Initials Date A 07/11/2019 101 07/11/2019 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 ttFIMAX Form 25 IV ©Copyright 2019 Vacant Land Purchase&Sale .r 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 14 Check; ❑ Note; ❑Other (held by❑Selling Firm; Rf Closing Agent) 7. Default:(check only one)m Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Co. 9. Closing Agent: Mason County Title Co. Company Individual(op8onaq 10. Closing Date: 7/31/2019 Or Sooner ; Possession Date: 0 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑Requested(attach NWMLS Form 22K); QI Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer, m 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:1 14 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 14 Buyer; ❑Seller; ❑both parties; ❑neither party Listing Broker represents: 0 Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 22T(Title Contingency) 35F(Feasibility) Form 42 Agency Disclosure EAuthenfi- S, � 07/05/2019 z ziskjrWUM " 7=799:19,8 "POT Date Seller's Signature Date � ' 07/05/2019 17 =995Wt.IA/P0T Date Seller's Signature Date 461 SE Mill Creek Rd Buyer's Address Seller's 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 Buyers E-mail Address Seller's 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 RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address sjsmith.remax@gmail.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's 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-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 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 parry within 15 days. If 25 the other parry 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 tender 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 Seller's inability to provide insurable title. 59 $J$ 07/05/2019 CJ3�� 07/05/2019 tAn Rials Date nitials Date Seller's Initials Date Seller's Initials Date 07/06/2019 07/06/2019 Authentisign ID:CD94283A-E24DAC94-9794-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 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 [SYS] 07/05/2019 �13, 07/06/2019 Buye In'8'%b5/2019 Date �Initi 0s//06/2019 Date Seller's Initials Date Seller's Initials Date 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 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 Sellers 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 Sellers 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 Sellers 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 Brokers 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 Brokers 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 ISJSI07/05/2019 07/06/2019 DA Init�i�5/2019 Date �Initials Date Seller's Initials Date Seller's Initials Date 07/06/2019 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 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 Properly; 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 IIJ311 07/06/2019 IN InM55/2019 Date Initi006/2019 Date Seller's Initials Date Sellers Initials Date Authentisign to:CD94283A-E24DAC94-9794-DCOE48162484 RE/MA)( 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. 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. 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. ❑ 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 Ll 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 Isis] 07/05/20191311 07/06/2019 Buy 149%5/2019 Date rV1 Initi 6/06/2019 Date Seller's Initials Date Seller's Initials Date Authentrsign 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. 66 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. 66 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; 9 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 [SYS07/05/2019 07/06/2019 uye Inib005/2019 Date nitials 07 Date Seller's Initials Date Seller's Initials Date 07/06/2019 Authentisign ID:CD94283A-E24D-4C94.9794-DCOE48162484 pF/Mqk 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 8r 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 56 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 rsis] 07/05/2019 07/06/2019 uye Initials Date Initi Is Date Sellers Initials Date Seller's Initials Date 07/05/2019 0/06/2019 Authentisign ID:CD94283A-E24D4C94-9794-DCOE48162484 RF 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 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 Tp 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 133y] 07/06/2019 uye Init�05/2019 Date ,Initift/06/2019 Date Seller's Initials Date Sellers Initials Date AuthentislgnID:CD94283A-E24D-4C94-9794-DCOE48162484 Form 42 RF ©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, 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 K 07/05/2019 Buyer F;A.thenHSIG Uvot j Smim 8 71520PDT Date fisiGK 07/05/2019 Buyer F 9 Date Authenfi r siGK I 07/06/2019 Buyer 10 7/620]9$:2aaz PDT Date Authenfis crt 07/06/2019 Buyer 11 7'AIOT9 51)6. Signature Date BROKER Steven Smith 12 Print/Type AuthenfisiGK Skoog q Sm 07/05/2019 BROKER'S SIGNATURE d' 13 7/52019 8:56:44 PM PDT FIRM NAME AS LICENSED RE/MAX TOP EXECUTIVES 14 Print/Type FIRM'S ASSUMED NAME (if applicable) REIMAX TOP EXECUTIVES 15 Print/Type wells from any review by the County or State. The exemption in Ecology's Nooksack regulation is consistent Isis] with state law,as RCW 90.44.050 exempts new small domestic wells from permit review and thus no impairment review is required. r /, The Supreme Court's decision makes all new private wells subject to impairment review and directs counties Il �J to conduct this review, Washington REALTORS"strongly disagrees with this decision,as it is directly contrary to the state's water code,Ecology's regulations,and the requirements of the Growth Management Act. REALTORS•,along with the Building Industry Association of Washington and Washington Farm Bureau,filed an amicus brief in this case supporting Whatcom County,and arguing that state law requires [JOY] local regulation of water supply to be consistent with—but not exceed—state laws and regulations, Even though the case originated in Whatcom County,it is likely to impact other counties as the Court's pronouncements regarding the obligation of local governments to review impairment of instream flows do not appear limited to Whatcom County. The regulatory structure in place in Whatcom County is similar to the structure in many other Western Washington counties,and those counties are likely implicated by the decision. While there will be a strong legislative response against the Court's decision, it could take months or years for this decision to be modified or clarified by the Legislature or further litigation. The Department of Ecology and counties throughout Washington State are currently reviewing the decision to determine what type of water review process will be adopted at the county level to comply with the decision until it can be modified. `I I i i Washington REALTORS' 504 14th Avenue SE.,#200, Olympia,WA 98501 www,warealtor.org • tel: 1-800-562-6024 Authentisign ID:CD94283A-E24D-4094-9794-DCOE48162484 07/05/2019 114 del 07/05/2019 ALTA COMMITMENT FOR TITLE INSURANCE YS] SCHEDULE A 07/06/2019 [21107/06/2019 EXHIBIT "A" Legal Description: Lot four(4), Block two (2), Shorecrest Terrace 3rd Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County, Washington. Parcel No. 32021 56 02004 Abbreviated Legal: Lot 4, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02004 Purported Address: None assigned, WA This page is only a part 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 8,Part I-Requirements;and Schedule 8,Part 11-Exceptions. ORT Form 4690 WA 08101/16;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:CD94283A-E24D4C94.9794-DCOE48162484 07/05/2019 ALTA COMMITMENT FOR TITLE INSURANCE 07/05/2019 [SYS] SCHEDULE A EXHIBIT "A" 07/06/2019 C q��l 07/06/2019 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 This page is only a part 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 8,Part I-Requirements;and Schedule 8,Part 11-Exceptions. ORT Form 4690 WAA 08101/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:CD94283A-E24D4C94-9794-DCOE48162484 Mason County Title Company MASON COUNTY 130 W Railroad Avenue TITLE COMPANY Po Box 278 Part of the Aegis Land 7itfe Group Shelton, WA 98584 Phone: (360)426-9713 Commitment for Title Insurance Our File No.: 20191718 Seller Name: Mason County Buyer Name: Property Address Reference: None assigned WA Thank you for your transaction, we look forward to serving you. Enclosed please find a copy of the title commitment for the above referenced transaction,which contains hyperlinks to all the relevant historical documents.You will also find a PDF copy of the historical documents for your convenience. If you have any questions pertaining to this information, please do not hesitate to contact us. We appreciate your business and look forward to serving you. Title Department Contact Information: MasonTitle(a)MasonCountyTitle.com Shelton Title address: Phone: 360-426-9713 130 W. Railroad Ave Fax: 360-426-0716 Shelton, WA 98584 Escrow Department Contact Information: Mason Escrow()MasonCountyTitle.com Shelton Escrow Address: Phone: 360-427-8088 134 N. 2nd Street Fax: 360-427-7179 Shelton, WA 98584 Belfair Escrow Address: Phone: 360-275-9160 23552 NE State Rte 3, Suite 2-A Fax: 360-275-8588 Belfair, WA 98528 For a quick video on how to read your title commitment and what it means to you please go to: How To Read Your Title Report Local decision making. Local authority. Local service. Nationally insured. Silverdale: Port Orchard.- 10356 rchard:10356 Silverdale Way,Suite 100,Silverdale,WA 98383 1590 Bay St,Port Orchard,WA 98366 PH: 360-337-2000 FX: 360-337-5888 PH: 360-874-2100 FX: 360-874-2160 Bainbridge Island: 9431 Coppertop Loop NE,Suite 205—Bainbridge Island—WA—98110 PH: 206-451-8013 FX: 206-973-8598 www.atkitsap.com Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A MASON COUNTY Mason County Title Company 130 W Railroad Avenue TITLE COMPANY PO Box 278 Part of the La I Title Group Shelton,WA 98584 Phone: (360)426-9713 Transaction Identification Data for reference only. Issuing Agent: Mason County Title Company Issuing Office: 130 W Railroad Avenue, PO Box 278, Shelton,WA 98584 Issuing Office's ALTA® Registry ID: 1141422 Loan ID Number: Commitment Number: 20191718 Property Address: None assigned, WA Revision Number: Escrow Officer: Donna Dotson-Phone: (360)427-8088 - Email: donna.d@masoncountytitle.com Title Officer: Dennis Pickard - Phone: (360)426-9713 -Email: dennis.p@masoncountytitle.com Customer Reference: /Mason County 1. Commitment Date: March 01, 2019 at 8:00 A.M. 2. Policy to be issued: Proposed Policy Amount ALTA Owner's Policy (6/17/06) -(X) Standard ( ) Extended TBD Premium: Tax: Total: Proposed Insured: To be determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. The Title is, at the Commitment Date, vested in: Mason County, a municipal corporation 5. The Land is described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO This page is only a part 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 8, Part I-Requirements;and Schedule 8, Part/I-Exceptions. ORT Form 4690 WA A 08/01116;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 1 of 2 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot four(4), Block two (2), Shorecrest Terrace 3rd Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No. 32021 56 02004 Abbreviated Legal: Lot 4, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02004 Purported Address: None assigned,WA This page is only a part 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 1-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 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Order No.: 20191718 REQUIREMENTS All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3"on top of first page, 1"on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 '/" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. If assignment or reconveyance reference to auditor's file number of subject deed of trust. Names of grantor(s)and grantee(s)with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3"top margin This page is only a part of a 2016 ALTAO 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 II-Exceptions. ORT Form 4690 WAA 08/01/16;TC 04/0218 Schedule B I ALTA Commitment for Title Insurance Page 1 of 1 Authentisign ID:CD94283A-E24D4C94-9794-DCOE48162484 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191718 Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien,encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions as follows: 1. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, question of location, boundary and/or area; or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4, Any lien or right to a lien for services, labor, equipment or material not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer,water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. G. (a) General taxes not now payable; (b)special assessments and/or special levies, if any, that are not disclosed by the public records; (c) taxes or assessments that are not yet liens; (d) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. SPECIAL EXCEPTIONS FOLLOW This page is only a part 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 II-Exceptions. ORT Form 4690 WA A 08101/16;TC 04/0218 Schedule B II ALTA Commitment for Title Insurance Page 1 of 4 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191718 Exceptions 1. PROTECTIVE COVENANTS recorded July 12, 1961,Auditor's File No. 189105. DEDICATION as shown on said Plat. BYLAWS of Shorecrest Water Company, Inc. These are not of record. ARTICLES OF INCORPORATION of Shorecrest Beach Club, Inc., recorded under Auditor's File No. 599886, BYLAWS recorded under Auditor's File Nos. 622318, 1880668, 1961005, 2026183, 2041228, and 2066386; RULES AND REGULATIONS recorded under Auditor's File Nos. 604857, 630620, 1792523, 1856125, 1866277, 1896167, 1987563, 2046081, 2062571, and 2077457; RESOLUTIONS recorded under Auditor's File Nos. 612841, 612842, 648232, 1692177, 1692178 (rerecorded under Auditor's File No. 1762292), 1749211, 1749529 and 1753759; POLICIES AND PROCEDURES recorded under Auditor's File Nos. 1749212, 1749213, 1965323, and 2061897. Refer to instruments for a more particular statement. 2. General taxes: First half due April 30; Second half due October 30: Year: 2019 Amount Billed: $00.00 Amount Paid: $00.00 Amount Due: $00.00, plus interest and penalty if delinquent Tax Account No.: 32021 56 02004 Levy Code: 91 Land: $6,000.00 Improvements: $2,750.00 Said taxes as billed for the current year reflect an exemption due to ownership by a Washington municipal corporation. Any change in ownership of said premises which does not qualify for a continuance of the exemption will result in a prorated tax assessment of an amount unknown, as computed without reduction for said exemption. Contact the Mason County Assessor(360) 427-9670 ext. 475 at least five (5) business days prior to the closing of any sale for revised tax assessments. The records of the Mason County Treasurer indicate outstanding "Fees" assessed in 2012 in the amount of $887.31. 3. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of unincorporated Mason County. Present Rate of Real Estate Excise Tax as of the date herein is 1.78% and the levy code is 91. 4. Potential lien in favor of Shorecrest Beach Club, Inc., for any unpaid community dues and assessments, as provided in Bylaws recorded October 18, 2006,Auditor's File No. 1880668, and as may thereafter be amended. Status: Not of record; contact claimant directly for current status (This exception is for the purpose of disclosing that a lien may be claimed for any amounts now or hereafter unpaid, NOT to indicate whether or not there are any presently unpaid amounts constituting such a lien) 5. Owner's policy coverage to be verified through written instructions or a complete copy of the purchase and sale agreement should be submitted. 6. Title is to vest in persons not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. This page is only a part 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 Il-Exceptions. ORT Form 4690 WAA 08/01/16;TC 04/0218 Schedule B II ALTA Commitment for Title Insurance Page 2 of 4 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191718 Exceptions 7. We e-record documents with the county. Please make excise tax and recording fees payable to Mason County Title Company Recording packages received with excise tax payable to the county will not be recorded the same day.l=-Recording Benefits. 8. Recording fees charged by the county are billed as follows: Deeds - $99.00 for the first page and $1.00 for each additional page. Deeds of Trust- $100.00 for the first page and $1.00 for each additional page. Additionally, there is a $4.36 e-recording surcharge per document. 9. Lien of real estate excise tax upon any sale of said premises, if unpaid Real estate excise tax on said property is subject to tax at the rate of.0178. effective July 1, 2005, an additional $5.00 processing fee is required. Note: If your transaction includes recording of tax exempt documents there is a $10.00 processing fee to the County Treasurer. End of Special Exceptions This page is only a part 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 0410218 Schedule B II ALTA Commitment for Title Insurance Page 3 of4 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Order No.: 20191718 Exceptions NOTES NOTE A: In order to assure timely recording all recording packages should be sent to: Mason County Title Company, 130 W Railroad Avenue, PO Box 278, Shelton,WA 98584 Attn: Recorder NOTE B: Notice- Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana,Attorney's Title of Kitsap is not able to close or insure any transaction involving real estate that is associated with these activities. For a short video covering this subject click here: Concerns When It Comes to Legalized Marijuana in Real Estate NOTE C: The records of County and/or our inspection indicate that the address of the improvement located on said land is . NOTE D: In the event of cancellation, a cancellation charge may be made. NOTE E: There are no deeds affecting said land recorded within 24 months immediately preceding the effective date of this commitment. KMM This page is only a part 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 WAA 08/01116;TC 04/0218 Schedule B II ALTA Commitment for Title Insurance Page 4 of4 Authentisign ID:CD94283A-E24DAC94-9794-DCOE48162484 ALTA Commitment for Title Insurance * Issued By Old Republic National Title Insurance Company * * NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.ALL CLAIMS OR REMEDIES SOUGHTAGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements;Schedule B, Part II—Exceptions; and the Commitment Conditions,Old Republic National Title Insurance Company, a Florida Corporation(the"Company"), commits to issue the Policy according to the terms and provisions of this Commitment.This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date,this Commitment terminates and the Company's liability and obligation end. This page is only a part 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. Issued through the Office of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Mason County Title Company AStockt'wWny 124 N 2nd Street 400 SecondAvertueSouth,Mxnteapofis Minnesota 55401 PO Box 278 (612)3714111 Shelton, WA 98584 ORT Form 4690-WA 8-1-16 By Preaidiint ALTA Commitment for Title Insurance Arrest � sec,etiffy Authentisign ID:CD94283A-E24D-4C94.9794.DCOE48162484 COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge"or"Known":Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property.The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes,ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage":A mortgage, deed of trust,or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy":Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy,this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions;and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5.The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate,with the Company's written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a)if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii)or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. This page is only a part 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&1-16 Page 2 ALTA Commitment for Title Insurance Authentisign ID:C094283A-E24D-4C94-9794-DCOE48162484 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued,this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind,whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide.A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. This page is only a part 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 1–Requirements;and Schedule B, Part 11–Exceptions. ORT Form 4690-WA 8-1-16 Page 3 ALTA Commitment for Title Insurance Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 MMWHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information.Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us.This information can include: • Social Security number and employment information • Mortgage rates and payments and account balances • Checking account information and wire transfer instructions When you are no longer our customer,we continue to share your information as described in this notice. All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information;the reasons Old Republic Title chooses to share; and whether you can limit this sharing. Does Old Republic Can you limit Reasons we can share your personal information Title share? this sharing? For our everyday business purposes — such as to process your transactions,maintain your account(s),or respond to court orders and Yes No legal investigations,or report to credit bureaus For our marketing purposes— No We don't share to offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes— information about your transactions and experiences Yes No For our affiliates'everyday business purposes— No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For non-affiliates to market to you No We don't share • Go to www.oldrepublictitle.com(Concoct Us) File No.:201917 18 Page 1 of 3 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 Who we are Who is providing this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates. What we do How does Old Republic Title To protect your personal information from unauthorized access and use, we use protect my personal security measures that comply with federal law. These measures include computer information? safeguards and secured files and buildings. for more information, visit http://www.OldRepublicTitle.com/newnational/Contact/privacy. How does Old Republic Title We collect your personal information,for example,when you: collect my personal information? . Give us your contact information or show your driver's license • Show your government-issued ID or provide your mortgage information • Make a wire transfer We also collect your personal information from others, such as credit bureaus, affiliates,or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only: • Sharing for affiliates'everyday business purposes-information about your creditworthiness • Affiliates from using your information to market to you • Sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See the"Other important information"section below for your rights understate law. Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. •Our affiliates include companies with an Old Republic Title name,and financial companies such as Attorneys'Title fund Services, LLC,Lex Terrae National Title Services,Inc.,Mississippi Valley Title Services Company,and The Tide Company of North Carolina. Non-affiliates Companies not related by common ownership or control. They can be financial and non-financial companies. • Old Republic Title does not share with non-affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. • Old Republic Title doesn't jointly market. File No.:20191718 Paae,2 of Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 fther ImportantInformation Oregon residents only: We are providing you this notice under state law. We may share your personal information (described on page one)obtained from you or others with non-affiliate service providers with whom we contract,such as notaries and delivery services, in order to process your transactions. You may see what personal information we have collected about you in connection with your transaction (other than personal information related to a claim or legal proceeding). To see your information, please click on "Contact Us"at www.oldrepublictitle.com and submit your written request to the Legal Department. You may see and copy the information at our office or ask us to mail you a copy for a reasonable fee. If you think any information is wrong,you may submit a written request online to correct or delete it. We will let you know what actions we take. If you do not agree with our actions,you may send us a statement. MaybeAffiliates Who Delivering This Notice American First Abstract,LLC American FfrstTitle i Trust American Guaranty Title Attorneys'Title fund Compass Abstract,Inc. Company Insurance Company Services,LLC eltecording Partners Genesis Abstract,LLC Kansas City Management LT.Service Corp. Lenders Inspection Network,UC Group,LLC Company Lex Terrae National Title Lex Terrae,ltd. Mara Escrow Company Mississippi Valley Title National Title Agent's services,Inc. Services Company Services Company Old Republic Branch Old Republic Diversified Old Republic Exchange Did Republic National Old Republic Title and Information Services,Inc. Services,Inc. Company Title Insurance Company Escrow of Hawaii,ltd. Old Republic Title Co. Old Republic Title Company Old Republic Title Company Old Republic Title Old Republic Title of Conroe of Indiana Company of Nevada Company of Oklahoma Oki Republic Title Company Old Republic Title Company Oki Republic Title Company Did Republic Title Old Republic Title of Oregon of St.Louis of Tennessee Information Concepts Insurance Agency,Inc. Old Republic Title,Ltd. Republic Abstract a Sentry Abstract Company The Title Company of Title Services,LLC Settlement,LLC North Carolina Trident land Transfer Company,LLC File No.:20191718 Page 3 of 3 Authentisign ID:CD94283A-E24D4C94.9794-DCOE48162484 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 5th 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 Dr Shelton WA 98584 (the"Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 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 [SYS] 07/05/2019 �� 07/06/2019 fll,ye-2llIniti�l/05/2019 Date Jlniti*/06/2019 Date Sellers Initials Date Seller's Initials Date 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 i PRJ: Shorecrest Terrace 3rd Type: Vacant Land CDOM: 115 x s J' AR: 176 TAX: 320215602004 OLP: $5,000 ' MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: "i' b';' q 1� Crestview,left on Panorama to address on LD: 03/15/2019 k z aF left. XD: 1011612019 r?+µs ,x c•s �` OMD: LAG: Richard Beckman(55681) PH: (360)790-1921 FAX (360)426-1645 PH Type: Cellular s _' ,!`•,d LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: -- CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $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: 70x125x60x12� 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 Watertront/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 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 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 r PRJ: Shorecrest Terrace 3rd - +° 3 Type: Vacant Land CDOM: 115 AR: 176 TAX: 320215602003 OLP: $5,000 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: Crestview,left on Panorama to address on LD: 03/15/2019 left. XD: 10/16/2019 OMD: • - LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular i .>r LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $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: 0.210 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 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 S& JH: Pioneer Intermed/Mid SH: Shelton High 3rd PartyAprvl 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#20191721 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 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, August 13, 2019 at 9:15 a.m. SAID HEARING will be to take public comment on the sale of surplus property- parcel 32021-56-02003 and 32021-56-02004. If there are questions about the proposed sale, please contact Frank Pinter at 360- 427-9670 ext. 530.If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 23rd day of July, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 2t: 08/01/19&08/08/19 (Bill: MC Commissioners 411 N 5t'Street, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: July 23, 2019 Agenda Item # '.g (Commissioner staff to complete) BRIEFING DATE: June 10 and July 15, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution amending Personnel Policy 14.5 E-Mail and Voice Mail (Electronic Communications) Background: 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. Emails will be kept in an employee's in-box for 90 days in which time the employee shall store the email in the appropriate archive folder or delete if there is no retention value. The 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. Deleted emails will be stored for one year. All junk emails will have no retention and will be purged after 90 days. Budget Impacts: This will save money on electronic storage. RECOMMENDED ACTION: Approval of the resolution amending Personnel Policy 14.5 E-Mail and Voice Mail (Electronic Communications) Attachment(s): Email Management Policy RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 22-18 PERSONNEL POLICY—AMENDING CHAPTER 14.5 ELECTRONIC COMMUNICATIONS - E-MAIL MANAGEMENT POLICY WHEREAS, Mason County utilizes various electronic methods of communications within the county and with many citizens, businesses and organizations; and WHEREAS, E-mail messages that meet the definition of a public record must be managed according to approved records retention periods and Mason County has implemented a process to support the proper management of e-mail records; and WHEREAS, Written policy and procedures are required to ensure appropriate management of e-mail messages. NOW, THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners to amend Personnel Policy Chapter 14.5 to include the Mason County E-mail Management Policy, attachment A. ADOPTED this 23rd day of July 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief Deputy Prosecuting Sharon Trask, Commissioner Attorney Attachment A 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.gov/archives/recordsmanagementlmanaging- 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 function/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 7/17/2019 Page 1 of 2 Attachment A 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(Retain) for two years and deleted e-mails will be retained for one year. This process will purge archived emails that have met their required retention period 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 http://apps.leg.wa.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.aspx?cite=434-662-040 WAC 434-662-150—Preservation of Electronic Public Records:Email Management http://apps.leg.wa.gov/WAC/default.aspx?cite=434-662-150 Last edited 7/17/2019 Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: July 23, 2019 Agenda Item # BRIEFING DATE: June 1712019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Sand Hill Road No Parking Signs - Hearing EXECUTIVE SUMMARY: There has been an on-going public safety concern regarding vehicles parking on the traveled-way along the guardrail, between milepost 0.925 and milepost 0.987 of Sand Hill Road, left side, a distance of 327 feet. This is particularly an issue during league baseball season, when the ball fields are in use. We have discussed the traffic and pedestrian safety concerns from parked vehicles impeding access along this portion of Sand Hill Road, and have concluded that"No Parking Between Signs" would be an effective approach to addressing the issue. RECOMMENDED ACTION: Recommend the Board consider authorizing "No Parking between Signs" on Sand Hill Road from milepost 0.925 to milepost 0.987, left side. Attachment: Resolution RESOLUTION NO. SAND HILL ROAD NO PARKING RESTRICTION WHEREAS,the public has expressed traffic and pedestrian safety concerns regarding parked vehicles along Sand Hill Road from milepost 0.925 to milepost 0.987. WHEREAS, the Mason County Department of Public Works has requested the Board of Mason County Commissioners restrict parking along the portion of Sand Hill Road near the school baseball fields along the left side of the roadway; and, WHEREAS,a public hearing was held and comments were received,concluding that it is in the best interest of public safety to place No Parking signs in this area of Sand Hill Road. NOW,THEREFORE,BE IT RESOLVED,per RCW 46.61.570,no parking of vehicles along the left side of Sand Hill Road from milepost 0.925 to milepost 0.987;the County Engineer is hereby directed to place the necessary signs to enact this Resolution, effective as soon as posted. DATED this_day of July, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KEVIN SHUTTY, Chair ATTEST: SHARON TRASK,Vice Chair MELISSA DREWRY, Clerk of the Board RANDY NEATHERLIN, Commissioner APPROVED AS TO FORM: TIM WHITEHEAD, Chief Deputy Prosecuting Attorney