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HomeMy WebLinkAbout2019/08/06 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers — 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 August 6, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Highland Road project update Staff: Diane Sheesley 4.3 News Release- 2019 United Way Day of Caring Free Dump Day Staff: Loretta Swanson 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes —July 22, and July 29, 2019 Briefing minutes; July 23, 2019 Regular Meeting Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to sign a resolution adopting the Financial Reserve and Contingency Policy, replacing Resolution No. 58-17. 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8065796-8066062 $ 916,464.73 Direct Deposit Fund Warrant #s 60654-61045 $ 740,799.54 Salary Clearing Fund Warrant #s 7004571-7004598 $ 525,431.19 8.3 Approval to execute the Resolution to close Deegan Road to perform culvert replacement work at milepost 2.35 beginning Monday, August 19, 2019 and reopening prior to September 30, 2019. 8.4 Approval of the Interlocal Agreement with the Skokomish Indian Tribe authorizing services provided by the Public Works Department for vehicle, road or site maintenance, engineering, survey, GIS, emergency assistance, sign fabrication, fueling and materials supply. 8.5 Approval to rescind the Interlocal Agreement between the City of Bremerton and Mason County entered into January 29, 2018 and approval to authorize the Chair to execute the updated Interlocal Agreement between Mason Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 08/01/19 2:51 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA August 6, 2019—PAGE 2 County, Port of Bremerton, and City of Bremerton related to participation in executive and technical committees providing project design oversight to the Puget Sound Industrial Center (PSIC) to Belfair Sewer Connection project. 8.6 Approval of the following in regards to the Skokomish Project Partnership Agreement: 1. Approval to have the Chair sign the Certification regarding Lobbying 2. Approval to have the Prosecutor sign the Certificate of Authority 3. Approval to have the Support Services Director sign the Self-Certification of Financial Capability 8.7 Approval to set a hearing on Tuesday, August 27, 2019 at 6:15 p.m. to consider two rezone requests for adjacent parcels in the Taylor Town Rural Activity Center (RAC). 8.8 Approval to change BARS line 514.24.510100 from Chief Appraiser (non- represented) to Appraiser Analyst (Teamsters) as per the 2019 contract. Also, approval to pay Tom Gibbons for an out of class analyst position for two to three months. 8.9 Approval to set a hearing on Tuesday, August 20, 2019 at 9:15 a.m. to consider revisions to Mason County Code Chapter 2.51, Special Event Camping Policy for Foothills Park, Truman Glick Park and Walker Park as well as revisions to Chapter 9.44, County Owned Real Property, including parks and property held in trust. 8.10 Approval of contract #K2827 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board for a project to control invasive knotweed within the riparian corridors of Mason County. This contract is good from July 1, 2019 to June 30, 2021. 8.11 Approval of Consolidated Contract #CLH18253, Amendment 9 between The Washington State Department of Health and Mason County Health. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider the sale of parcel 61902-50-00003 on W. Salmonberry Drive, Elma in the amount of $5,000. Staff: Frank Pinter 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-08-06 REG.doc 0 cr�� MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: August 6, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis board sent liquor applications for Allyn Community Association held at Allyn Waterfront Park 18560 WA-3, Allyn, Bulldog Boosters held at Lakeland Village Golf& Country Club 200 East Old Ranch Road, Allyn and Long Live the Kings held at Alderbrook Resort and Spa 10 East Alderbrook Drive, Union. 4.1.2 Washington State Liquor and Cannabis board sent Notification of Pending Marijuana Extraction Operation. 4.1.3 Washington Department of Natural Resources sent in County Income Report Explanation of Tables July 2019. 4.1.4 United States Department of the Interior Bureau of Indian Affairs sent notice of determination of application by the Skokomish Indian Tribe to acquire in trust 4.98 acre tract on the Skokomish Indian Reservation. 4.1.5 Mason Conservation District sent in a Mason County Voluntary Stewardship Program report. 4.1.6 United States Department of the Interior Bureau of Indian Affairs sent in an amended notice of determination of application by the Skokomish Indian Tribe to acquire in trust 4.98 acre tract on the Skokomish Indian Reservation. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk , et�-A(31 � q Y CU n WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 FAX:360-753-2710 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS JULY 19TH 2019 R E � a SPECIAL OCCASION #: 091035 ALLYN COMMUNITY ASSOCIATION JUL 22 2019 220 E CRONQUIST RD Mason County ALLYN WA 98524 Commissiones DATE: SEPTEMBER 28TH 2019 TIME: 11 PM TO 11 PM PLACE: ALLYN WATERFRONT PARK (ENCLOSED) - 18560 WA-3, ALLYN CONTACT: INA CULBERSON (DOB: 3/7/44) 360-509-5733 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE cc: CMMRS Neatherlin, Shutty&Trask Clerk) �al 1 WASHINGTON STATE LIQUOR AND CANNIBIS BOARD - License Services 3000 Pacific Ave SE - P 0 Box 43075 Olympia WA 98504-3075 TO: MASON COUNTY COMMISSIONERS JULY 22ND 2019 R EC E'VE® SPECIAL OCCASION #: 092023 JUL 25 2019 BULLDOG BOOSTERS Mason County PO BOX 5 Commissioners BELFAIR, WA 98528 DATE: AUGUST 25T11 2019 TIME: 12 PM TO 6 PM PLACE: LAKELAND VILLAGE GOLF & COUNTRY CLUB - 200 E OLD RANCH RD - ALLYN CONTACT: RICHARD KNIGHT (D.O.B 5.3.71) 360-731-4035 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE cc: CMMRS Neatherlin, Shutty&Trask Clerk Washington State Liquor and Cannabis Board RECEIVE® JUL 17 2019 July 18,2019 Mason County Mason County Commissioners ATTN: County Commissioners meghana@co.mason.wa.us; JGiraldes@co.mason.wa.us; dlz@co.mason.wa.us 411 N 5th St Shelton, WA 98584 RE: Notification of Pending Marijuana Extraction Operation Trade Name: Pinnicale NW License Number: 422257 Contact Name: Anthony Golden Phone Number: 3602599273 Location Address: 500 E Export rd, Shelton Dear Sir or Madam, In accordance with Washington Administrative Code (WAC) 314-55-104(5), the WSLCB is sending notifications to local authorities (LA) when a marijuana processor plans to perform extractions of marijuana requiring the use of a professional grade closed loop extraction system at a facility within their jurisdiction. This letter is to inform you that the above mentioned applicant/licensee has indicated in their operating plan that they intend to extract marijuana using a Extraction Method process. In accordance with the law, "Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the local fire code official and meet any required fire, safety, and building code requirements." For additional information on extraction requirements please see WAC 314-55-104. Meeting the required fire, safety and building code requirements is a process between the LA and the applicant, and a requirement for the applicant to begin operation. The WSLCB does not verify local fire code approvals as part of the application process. If you have additional questions, you may contact us via email at: MJExaminer(c-lcb.wa.gov. Thank you, Frank O'Dell Marijuana Examiner Washington State Liquor and Cannabis Board 360-664-1614 3000 Pacific Ave. SE, P.O. Box 43098, Olympia WA 98504, (360) 664-1600, www.liq.wa.gov cc: CMMRS Neatherlin, Shutty&Trask Clerk-) lerk (,7q - ( 9 I ��•rt WASHINGTON STATE LIQUOR CONTROL BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 EMAIL SPECIALOCCASIONS@LCB.WA.GOV FAX 360-753-2710 TO: MASON COUNTY COMMISSIONERS JULY 22, 2019 RECEIVED SPECIAL OCCASION #: 091742 JUL 25 2019 LONG LIVE THE KINGS 1326 5TH AVE SUITE 450 Mason County SEATTLE WA 98101 Commissioners DATE: OCTOBER 11, 2019 TIME: 6 PM TO 10 PM PLACE: ALDERBROOK RESORT AND SPA - 10 E ALDERBROOK DRIVE, UNION CONTACT: AMELIA WELLS (DOB: 2. 6.96) 206-382-9555 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMIONERS OR DESIGNEE cc: CMMRS Neatherlin, Shutty&Trask Clerk �1,SHINGT°+ V s � � m 3 � h NA U% HILARY S.FRANZ COMMISSIONER OF PUBLIC LANDS July 24, 2019 ECENED The Honorable Kevin Shutty, Chair JUL 2 9 2019 Mason County Board of Commissioners 411 North Fifth Street Mason County Shelton,WA 98584 Commissioners Dear Commissioner Shutty: The Washington State Department of Natural Resources (DNR) manages approximately 28,909 acres of State Forest Transfer and Purchase Lands that benefit Mason County. These lands generated $3,826,000 in the first two quarters of calendar year 2019. Net value under contract for calendar year 2019 is estimated at$5,527,000 from activities expected to occur under current contracts. Thanks to all of you who provided input and suggestions to us regarding the future format for this report. We are in the process of developing the new report style. Please be aware that you will continue to receive this report in its current style until we have completed the new formatted version. We want to notify you of a recent change that pertains to counties that receive revenue from state forestlands. After consulting with the Office of the Attorney General about revenue disbursements and in an effort to mitigate risks and reduce errors in those disbursements, DNR has determined that initial deposits will be held as security until all of the obligations of the purchaser are satisfied under timber sales contracts as required by law. All or a portion of the initial deposit may be distributed as the final payment for the sale of valuable materials after the Department determines that adequate security exists for the remaining performance of any obligations of the purchaser under contract. This change affects the timing of revenue distribution and does not affect the total amount of revenue distributed. If you have any questions regarding this change please contact Leah Fenner, Finance Manager, at 360-902-1259. The income information in this report does not include anticipated revenues from additional planned activities (contracts harvests, leases, easements, etc.) for which contracts have not been finalized. These income estimates are net after the current agency management cost percentage has been applied. Some counties receive portions of their income from leases and fees; however, the majority of income reflected in this report is derived from timber sales. As most revenue stems from timber sales, these projections can fluctuate depending upon when timber harvests occur. Market conditions, weather, contract requirements, and regulatory requirements influence timber purchasers' decisions about when to harvest. PRINTED ON RECYCLED PAPER.DNR IS AN EQUAL OPPORTUNITY EMPLOYER. 0®,ec .is HILARY S.FRANZ DEPARTMENT OF NATURAL RESOURCES 360-902-1000 COMMISSIONER OF PUBLIC LANDS 1111 WASHINGTON STREET SE FAX 360-902-1775 CPL@DNR.WA.GOV MAIL STOP 47001 TRS 711 OLYMPIA,WA 98504-7001 WWW.DNR.WA.GOV I appreciate how necessary revenue is to the success of county functions. DNR consistently strives to ensure that we realize the maximum available income from the State Forest Transfer and Purchase Lands. Should you have any questions regarding this information,please contact -' Scott Sargent, South Puget Sound Region Manager, at 360-825-1631 or at scott.sargent@dnr.wa.gov. Sincerely, Hilary az Commissioner of Public Lands Enclosures COUNTY INCOME REPORT EXPLANATION OF TABLES July 2019 Two categories of lands are managed by the Washington State Department of Natural Resources (DNR) specifically to benefit counties: 1. State Forest Transfer Lands. Lands acquired by counties through tax foreclosures were transferred to DNR to manage. Management fee rates are established by the Board of Natural Resources. Currently, counties receive 75 percent of the revenue from these lands. 2. State Forest Purchase Lands. State-issued bonds were used to acquire certain parcels from private owners. Typically,these forest lands had been severely logged and were in need of active management. Allocation of revenue from these lands was determined when purchase was authorized, as follows: 26.5 percent to the county in which the property is located; 50 percent to DNR for management expenses; and the remaining 23.5 percent to the State General Fund. Nineteen counties include these types of State Forest Lands within their county boundaries. Income from management activities on State Forest Lands is designated for allocation to several taxing districts in each county. Only a small amount is available to the county for discretionary use. Revenue from State Forest Lands originates primarily from timber sales. These amounts vary widely as market conditions fluctuate. Smaller portions of revenue are derived from activities such as communication site leases, rights-of-way easements for utilities and roads, special forest products, special uses, and interest. Income will also vary with the number of revenue-generating activities within a given year. Variables responsible for high revenues in one year can lead to reduced income the following year. • Table 1 shows the annual revenue for each county from calendar year 2009 through the second quarter of calendar year 2019. This table illustrates the variability in total revenues from year to year. • Table 2 shows projected revenue for all 19 counties from all activities on State Forest Lands for calendar year 2019. • Table 2A shows projected revenue for each timber sale on State Forest Lands in your county anticipated to occur for 2019 and beyond(enclosed if applicable). • Table 3 shows the volume and net value under contract as of June 30, 2019 that is not currently scheduled for harvest until after December 2020(enclosed if applicable). Projections were developed by DNR region staff by contacting each timber purchaser that has rights to an upcoming sale. Purchasers were asked how much and when they planned to harvest the timber from each sale. These projected timber revenues should be considered rough estimates only; actual activity will depend on individual sale characteristics (species, volume, location, etc.), combined with outside market factors as determined by each purchaser. The schedule of future timber sales from State Forest Lands in your county is available upon request from Department of Natural Resources' region staff. Table 1. Revenue to Counties from State Forest Transfer and Purchase Lands (Calendar Years) Updated: 7/11/2019 2019 County 2010 2011 2012 2013 2014 2015 2016 2017 2018 Jan-June Clallam 6,229,596 5,502,033 4,738,336 5,643,329 8,487,731 3,376,506 7,938,764 6,543,420 2,987,754 3,551,426 Clark 8,793,446 4,601,597 8,528,782 7,191,261 6,388,518 5,846,269 4,791,957 5,192,493 1,486,670 637,933 Cowlitz 3,709,692 1,534,691 1,557,816 1,598,498 1,067,106 4,025,043 1,358,909 1,358,770 1,417,984 20,451 Grays Harbor 2,178,958 1,991,750 2,168,671 1,075,212 875,687 1,245,311 2,838,170 1,881,541 1,151,469 889,992 Jefferson 981,510 3,082,453 740,481 661,568 1,085,477 2,906,961 1,603,428 1,085,544 2,573,648 1,247,715 King 2,737,595 2,474,997 1,112,153 741,392 2,818,269 952,755 2,397,790 905,021 1,245,122 2,196,845 Kitsap 495,884 55,958 877,589 743,958 293,314 851,397 824,969 1,130,540 556,973 604,507 Klickitat 327,073 209,403 559,355 289,623 215,737 352,380 26,797 25,551 10,947 0 Lewis 6,147,429 11,076,482 3,439,911 4,280,541 8,677,045 4,053,711 5,416,025 5,411,157 7,666,065 6,617,052 Mason 3,062,868 2,616,802 2,024,430 1,337,166 3,067,093 8,005,336 3,621,960 2,810,189 6,970,807 3,826,143 Pacific 2,060,204 2,547,153 441,369 3,446,724 1,267,286 1,227,526 2,653,344 1,387,737 3,505,380 2,236,011 Pierce 1,523,600 214,159 178,426 121,558 222,815 32,691 335,489 437,463 1,307,281 668,099 Skagit 8,746,747 11,679,594 9,093,422 5,976,604 7,452,783 7,425,535 8,592,232 14,533,379 15,534,103 7,452,621 Skamania 1,215,005 747,982 926,532 1,367,876 2,415,852 1,234,445 2,131,536 1,566,271 2,930,483 2,690,887 Snohomish 13,132,194 13,981,341 5,682,380 11,786,058 9,251,851 7,256,233 5,652,325 7,678,567 6,178,109 4,749,298 Stevens 47,542 59,973 64,654 69,322 70,725 63,533 94,918 90,768 110,709 30,043 Thurston 7,964,904 4,200,388 1,660,728 5,017,407 2,999,025 4,368,240 8,747,144 2,947,101 3,065,897 2,475,006 Wahkiakum 1,820,052 1,400,872 1,956,441 1,742,003 1,631,697 802,706 2,026,441 1,443,199 3,146,937 466,890 Whatcom 2,405,630 3,543,071 4,468,281 3,763,694 2,178,129 4,022,292 2,061,161 1,481,660 3,077,070 1,373,786 Totals $73,579,929 $71,520,698 $50,219,757 $56,853,794 $60,466,140 $58,048,870 $ 63,113,359 $57,910,371 $64,923,408 $41,734,705 Note: Revenue is received daily by the Department of Natural Resources for activities on State Forest lands and deposited daily at the Office of State Treasurer. Effective February 1998 these monies are remitted to each county via wire transfer a minimum of four times per month. Due to the specific date monies are received by the Department and the cutoff dates used by the State Treasurer for wire transfers, the revenue for the current period may be different than actual remittances to date. 7/23/2019 Table 2. Total Projected Revenues to Counties from State Forest Transfers and Purchase Lands ' (Dollars in Thousands) July thru December 2019 January thru December 2020 County High Medium High Medium Clallam $1,529.0 $2,622.5 $2,261.0 $2,980.0 Clark 1,266.5 671.4 146.8 2,622.7 Cowlitz 35.2 42.8 193.1 193.1 Grays Harbor 887.9 1,832.8 703.8 946.1 Jefferson 12.2 12.2 28.5 297.5 King 12.2 12.2 77.9 3,737.9 Kitsap 797.9 797.9 54.4 54.4 Klickitat 10.1 10.1 17.5 17.5 Lewis 2,178.0 7,013.3 2,310.4 4,889.7 Mason 576.4 1,700.5 828.6 828.6 Pacific 390.5 1,293.4 5.8 1,153.3 Pierce 0.0 0.0 4.0 4.0 Skagit 2,466.6 2,466.6 4,804.8 4,804.8 Skamania 106.6 184.2 32.9 32.9 Snohomish 1,116.2 1,116.2 5,353.2 5,353.2 Stevens 71.4 71.4 103.1 103.1 Thurston 2,867.8 3,304.3 2,349.5 5,778.3 Wahkiakum 0.1 0.1 1.9 1.9 Whatcom 2,475.3 2,475.3 746.0 746.0 Totals $16,800.1 $25,627.1 $20,023.4 $34,545.1 High - 90 percent reliability that timber harvest will occur and stated revenue will be transmitted. Medium -50 percent reliability that timber harvest will occur and stated revenue will be transmitted. Note: Projected revenues are based on timber purchaser's logging plans as of June 2019. These plans change with changes in the economy and the business needs of each purchaser. Department of Natural Resources' region staff should be contacted concerning possible fluctuations in timber harvest for sales currently under contract and the schedule of future sales on State Forest Lands in your county. 7/23/2019 Table 2A. Projected Timber Harvest Revenues to Mason County from State Forest Transfer and Purchase Lands by Legal Description (Thousands of Dollars)' Value Under Sale App. Expiration Legal Description July thru December 2019 January thru December 2020 Contract after Number Sale Name Date Section Township Range High Medium High Medium Dec-20 95701 Log Yard 10/31/20 31,32,33 24N 3W 0.0 990.8 0.0 0.0 0.0 98110 Infrared Fire Salvage 09/30/20 7, 18 24N 3W 533.2 666.5 666.5 666.5 0.0 Total $533.2 $1,657.3 $666.5 $666.5 $0.0 High-90 percent reliability that timber harvest will occur and stated revenue will be transmitted. Medium-50 percent reliability that timber harvest will occur and stated revenue will be transmitted. Values are cumulative from high to medium probability. Note: Projected revenues are based on timber purchaser's logging plans as of June 2019. These plans change with changes in the economy and business needs of each purchaser. Department of Natural Resources regional staff should be contacted concerning possible changes in timber harvest plans and for copies of sale area maps for specific locations of timber sales within the legal descriptions listed above. Mason Page 1 of 1 7/24/2019 cc: CMMRS Neatherlin, Shutty&Trask Clerk of%T Op •111/iTyF United States Department of the Interior BUREAU OF INDIAN AFFAIRS Puget Sound Agency 2707 Colby Ave.—Suite 1101 Everett,Washington 98201-3665 JUL 26 2019 In Reply Refer to: Division of Realty CERTIFIED MAIL-7019 0140 0000 6455 6837 - RETURN RECEIPT REQUESTED p Board of County Commissioners EC E� !`� D Mason County 411 North 5 h Street JUL 29 2019 Shelton,Washington 98584 Mason County Dear Commissioners: Commissioners This letter is notification of determination of application of the Skokomish Indian Tribe. The Puget Sound Agency Superintendent of the Bureau of Indian Affairs,United States Department of the Interior,has decided to acquire in trust 4.98 acre tract on the Skokomish Indian Reservation in Mason, County, Washington. A copy of the decision is enclosed. Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Puget Sound Agency Superintendent's decision may be appealed to the Interior Board of Indian Appeals (IBIA)in accordance with the regulations in 43 CFR.4.310-4.340. If you choose to appeal this decision, your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed (if you use mail) or delivered (if you use another means of physical delivery, such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Suite 300, Arlington, Virginia 22203. You must send copies of your notice of appeal to (1)the Assistant Secretary—Indian Affairs,U.S. Department of the Interior, MS-4141-MIB, 1849 C Street NW, Washington, D.C. 20240; (2) each interested party known to you; and(3)the Puget Sound Agency Superintendent. Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses. If you file a notice of appeal, the IBIA will notify you of further procedures. If no appeal is timely filed,this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. BIA has reviewed the Tribe's Proclamation request and has determined that immediately following the expiration of the 30-day administrative appeal period, if no appeal is filed,the BIA official will recommend that the Assistant Secretary-Indian Affairs issue the Proclamation. If an appeal is filed, and a final decision is issued affirming the BIA official's decision, BIA will immediately recommend that the Assistant Secretary—Indian Affairs issue the Proclamation. Reservation Proclamations will only be issued after land is acquired in trust. Sincerely, uperintende t Puget Sound Agency w/Enclosure cc: Skokomish Indian Tribe cc: CMMRS Neatherlin, Shutty &Trask Clerk MASON COUNTY RECEIVED VOLUNTARY r, JUL 312019 Mason County Commissioners STEWARDSHIP *W4 PROGRAM July 16, 20192017-2019 Biennial Report a�Y • e r _ __. In compliance with RCW 36.7oA.720, the Mason County VSP Work Group developed a Work Plan with the support of Mason Conservation District Staff that received approval on June, 19, 2o18. The purpose of this report is to satisfy the requirements of Section (1)(j)wherein a status report of the plan and accomplishments is due to the County and the Washington Conservation Commission within 6o days after the end of each biennium. For Mason County,the end of the first biennia is June 30, 2019 and the Biennial Report is due no later than August 30, 2019. Prepared by: Barbara A.Adkins,AICP jal Special Programs Manager lozwmm MASON CONSERVATION DISTRICT (36o)427-9436xlO4lBadkins@masoncd.org Page 1 MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM 2017 - 2019 BIENNIAL REPORT STATUS OF PLAN AND ACCOMPLISHMENTS The Work Plan has been approved for one-year and during that time efforts have been made to notify the public and specifically landowners with agricultural activities occurring within critical areas. Most of the Work Group's energies have focused on creating outreach materials and strategies, and are in early stages of achievement. District Staff has been working on data updates as available to apprise the Work Group of changes to baseline. Any measurable critical area protection measures occurring within areas of agricultural activities since 2011 will be accounted for in future reporting as contributing to the Work Plan's overall goals and benchmarks. The following sections will discuss actions by the Work Group and District Staff within the context of the Plan's one-year approval time frame. The Protection and Enhancement of Critical Areas within the Area Where Agricultural Activities Are Conducted At this early stage of Plan implementation, promotion of the program through outreach is the District's primary tool for protection and enhancement. Outreach to the community has taken several different forms that were discussed in the Work Plan. Not all the strategies have been implemented, and as the implementation process continues the District and the Group will continue to evaluate which to pursue. The following summarizes efforts (good and bad) thus far: I Agriculture operations that receive incentives to keep land in farm production and are provided protections beyond general purpose rural zoning are less likely to be rezoned, annexed,subdivided,or otherwise converted out of agricultural use. Trained Ambassadors The Work Group members take every opportunity to talk to friends and neighbors about the program as does the Staff. During the drafting of the Work Plan, Staff became aware of how many agricultural operators in the area were unaware of the District and the resources it can provide. Many were also just as unaware of the existence of the Critical Areas Ordinance "CAO". These knowledge gaps are useful to know when considering the best ways to inform about VSP. Page 2 Future outreach materials are,and will,focus more on farm activities and the BMPs that improve them, instead of highlighting the CAO that people are less familiar with. Staff can direct materials towards a target audience that meets the VSP criteria (farmers with critical areas) without necessarily having to include CAO information in the materials. Advertising Originally District Staff prepared flyers and handouts that provided the VSP background together with CAO information which didn't seem to peak any community interest or understanding. Materials now contain little or no background information, and focus directly on improving agricultural activities and operations. More information can, of course, be found on the District's website for those who are interested, but the Work Group conceded early on that people were unlikely to read through too much government gobbledygook. Within the last couple months, the District has taken a very different approach to reaching the agricultural community with "attention grabber" methods over logos, slogans and program basics. A series of humorous postcards were sent to every property owner in Mason County with some sort of agricultural activity. The cards were designed to invoke curiosity using altered farm photos and puns, and with less than zo words about the Program itself. They direct the reader to the District's website and an online survey, which is the revised checklist discussed later. It was decided that the best way to get people to read any message was to keep it short, interesting (fun), and relevant. At least, that's the theory. This theme will carry through any additional materials prepared and be unique to Mason County's VSP "Pore Ass, Loss 11� efforts. So far we've not received ,l a lot of response to the postcards, VOLUNTARY even though internally we thought STWARDSMP PROGRAM they were great. There have been - • • CHANGES TO THE LAW only two surveys filled out at this ]UST MIGHT SAVE THE point, which is dismissal but the FARM! information is still very useful. Visit www.masoncd.orgfor This expands our database, and anon-fine survey and see how VSP can help YOU! reaches people that may not have To learn more call us at been aware of the District just as (360)427-9436 ext 104 or not have been aware of MASON CONSERVATION DISTRICT email us at we may Oso W Business Park Road Badkins@masoncd.org `� SWtom WA%SM them. Service Clubs/Organizations District Staff prepared a PowerPoint slide presentation for local service clubs and organizations. Some of the slides were included in a larger presentation requested by a group interested in learning more about the District's overall services and projects. Information provided on VSP Page 3 MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM included its historical background, its application to critical areas, best management practices for farming, and some statistical information on farming in the County. As with the outreach materials developed in the beginning, the audience seemed to have no real interest; likely because it was too dry and academic, or it had no relevance to their lives. In fact, one audience member nodded off. The takeaway from this strategy would be to approach groups with specific interests in agricultural, not at-large groups with diverse agendas. District Staff is still working on this approach. Events The District participates annually in OysterFest as a way177 of promoting services and resource opportunities to the public, along with distributing educational information Shelton,WA on local projects. This event attracts thousands ofSKC`_(, � ` Rotary people each year and allows Staff to host a booth where they can talk to the community about VSP, among other topics of interest. Over the past two years interest has been minimal due to inadequate outreach materials and ��etitCoast(hsterStAekingChampionship the new VSP Staff member's unfamiliarity with the Wa%hington State Smatood Festival festival and how to best manage the District's booth. This year's festival booth will have updated and themed VSP materials and perhaps posters. We are in the early planning stages of displays and have to consider room for all of the District's projects and programs. Having a booth or table at local farmers market is also being strategized once new promotional items have been created. Political Arena Mason County revised its CAO in compliance with RCW 36.7oA.13o(8), and the District was asked to draft and present those revisions. This provided the District with additional opportunities to meet with the Board of County Commissioners, the Planning Advisory Committee, and County Staff, as well as attending three public hearings where the program and the District were highlighted. A word of thanks to the Conservation District for their continued work on this.... It's been kind of a heavy lift over a long period of time and it's nice to continue to move forward. It's much appreciated. Commissioner Kevin Shutty Mason County Board of Commissioners Page 4 Website The District's website has gone through a series of changes for publicizing VSP. Again, the original site contained a great deal of information which was likely not of interest to people even if they were interested in the program. Instead, what is on the VSP page will be more themed photos and bullets(or mental data points)designed to peak interest and show relevance to real life. Learning the history of the program is still on the site and can be accessed through links, but the initial reader page will be designed to promote the online survey and showcase how BM Ps can change improve their farming operations. Like Us The District utilizes a Facebook page to promote events such as Orca Day, the annual Native Plant Sale, educational outreach events with local schools, and the like. VSP can be promoted through Facebook to District followers as well as show up as an "advertisement"for those who haven't"liked us"yet. This will reach more individuals not already following the page to visit the website and take the survey. This is in the early stages of development and District Staff continue to brainstorm unique and effective ideas to reach people. Slogans and Logos This was a popular discussion item during Work Plan development but lost momentum after approval. No slogans that truly captured the program in just a few words materialized, and the Work Group lost interested in trying to design a suitable logo. In lieu of that, the program identification remains clean and simple using the photograph of a local organic farm as a backdrop. The farm itself actually came to the District as a participant in a biochar study, but it illustrates real Mason County farms separated by a stream and wetlands. Plus, it's photogenic! Individual Stewardship Plan Checklist The checklist has morphed substantially from what was adopted in the Work Plan. Again, it provided too much information for the reader to get through before providing ' anything more relevant to their needs. The .. information requested in the checklist was also reduced to items more meaningful to the program's actual endgame. For data �r`r �. collecting and monitoring, the amount of Ir,'_ operation details asked for wasn't necessary and was ultimately streamlined out. The checklist, or survey as it is now referred to, also listed several BMPs to review and choose from as having been Page 5 MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM implemented or having an interest in implementing. The list was entirely too long and not all of the practices were commonly used in this County. BMPs seldom installed, or are very specific to exceptional farms,were removed leaving a shorter list of common and more relatable practices. The new survey is interactive and online, hard copies will be provided at the District Office and Mason County Permit Assistance Center once updated. The Maintenance and Improvement of the Long-Term Viability of Agriculture Mason County's Permit Assistance Center (PAC) is the front line for contact with the building and planning community. Educational materials as originally designed were to be made readily available in the PAC to inform and educate current and future agricultural landowners and operators on how the VSP can potentially increase their chances of long term success. It was also intended to introduce the Conservation District as a resource and the potential for best management practices. The materials, however, were not immediately provided to the PAC for distribution as the Permit Technicians were not knowledgeable enough on the program to understand when and how the information should be distributed. Since the materials are under revision, the original items were destroyed and at this time the PAC does not have new outreach materials. Instead, PAC Staff have been instructed in recent months to simply refer all agricultural operators and landowners to the District for assistance and let us sort them out, so to speak, when we talk to them. No referrals from the County's PAC have been received as of the writing of this report, however some code enforcement issues are currently being discussed. In light of how infrequent the County's farming community interacts with the PAC it is not surprising that we've not seen any referrals. District Staff will meet with the PAC Permit Technicians and Manager to get a firsthand account of the amount of activity they see regarding agriculture and to confirm their knowledge of the Program. The District's VSP Staff routinely"tags along"to site visits for BMPs currently underway or under consideration to meet with landowners who have critical areas and discuss the Program and evaluate regulatory obstacles to their current operation. Most operators have already adapted to the challenges of their land and its regulations, however discussing future opportunities under VSP may improve and support their future plans. A system of tracking existing and new BMPs and Farm Plans within the District is taking shape. Data collection, recording, and management tools are being created to develop a consistent format for reporting the baseline and fulfilling monitoring and reporting requirements. Page 6 Reducing the Conversion of Farmland to Other Uses Mason County's Development Regulations, in compliance with GMA, protect farm and agricultural lands from potential impacts of development from neighboring properties, thereby removing many impediments to viable farming. VSP provides an additional level of protection by allowing more flexibility for operators to utilize their land without regulations associated with critical areas. By providing notification of the VSP in the County's PAC where a landowner may be inquiring about permits that would convert farmland, there is an opportunity to avert that action. As lines of communication open in the agricultural community throughout the implementation of this Program, there will be occasions for operators to share concerns and experiences that could affect their ability to be successful. Referrals made from the PAC, the starting point for new development, will redirect operators to the District where they can receive guidance and information on better management practices and possible funding sources to maintain farmland. A quick look at farmland in the County shows an increase from 8,015 acres in 2011 to 9,610 in 2017/2018;an additional 20%in six years. Right to Farm-A farm shall not be found to be a public or private nuisance if the operation conforms to local,state,and federal law and best management practices,shall not be restricted to time of day or days of the week,but shall be conducted according to best management practices pursuant to state law,and shall be free from excessive or arbitrary regulation. MCC 8.52.050(5) The Maximization of the Use of Voluntary Incentive Programs to Encourage Good Riparian and Ecosystem Stewardship as an Alternative to Historic Approaches Used To Protect Critical Areas Mapping and databases that provide locations and ownership of properties meeting eligibility for VSP inclusion are used to create contact lists. There are several landowners who have not taken advantage of the technical assistance the District can provide, may be currently encumbered by critical area regulations, or have not applied for any financial relief. District staff can reach out to those individuals from these lists with Program information and options that may be available to them. Newly compiled mapping information allows access to critical areas information as it relates to current and new landowners approaching the District for assistance. Knowing the critical areas "landscape"allows the District to recommend BMPs suitable for additional resource protection. Page 7 MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM The District has also created a new landowner database that has been culled out of the original resources received. From this list the postcards, discussed earlier, were mailed and additional outreach methods can be applied. The District is working toward providing interactive maps on their website to allow agricultural operators to learn more about the environmental landscape of their property and the resources available to them. Virtual mapping, such as Story Maps, will be developed to enhance GIS technology to better record and convey important program information to constituents. The Leveraging Of Existing Resources by Relying Upon Existing Work and Plans in Counties and Local Watersheds, As Well As Existing State and Federal Programs To The Maximum Extent Practicable To Achieve Program Goals Regulatory backstop of geographically hazardous areas, seismic hazard areas, and frequently flooded areas have remained in place and fully enforceable on critical areas where agricultural activities occur. Additionally, landowners who have voluntarily implemented best management practices since zoic have been included in the overall efforts to protect critical areas and increase the viability of their operation or improve the quality of their land for crops and livestock. Those landowners can now be included in future VSP outreach efforts to continue their practices and to add more where appropriate. District Staff participates in watershed planning groups and water quantity/quality groups where opportunities exist to exchange information about the Program and share outreach initiatives. The District is also a resource for technical assistance and state and federal funding programs as it has been and continues to be for all landowners. art.R4.:.. JYrk.,'Kts.a•..,` .. ?d __ .,.._. ,. �, - - Ft •�yw�^"t�rJ1�A .� �" ,a� Page 8 Ongoing Efforts to Encourage and Foster a Spirit of Cooperation and Partnership among County, Tribal, Environmental, and Agricultural Interests to Better Assure the Program Success Meetings with County Commissioners and County Staff in the code amendment process as well as during the course of distributing outreach materials has provided continued opportunities to highlight the Program. The process of amending local ordinances requires substantial public review, public meetings and public hearings. Each public meeting and hearing is an opportunity to inform various sectors of the community about the Program. The nature of the code amendment process is one in which there is both print and video media coverage that allows VSP to reach a wider audience and raise more public awareness. It also reinforces the County's support of the Program and its support of the agricultural community as well as protection of resources. District Staff and Work Group members participate in a variety of different organizations and associations that afford additional opportunities to share information about VSP to the public as well as other agencies equally interested in both agricultural and resource protection. Many of these organizations have tribal participation. While the tribes in Mason County have maintained their position to not participate in VSP, information is still shared with each Tribe and lines of communication remain open for discussion. Ongoing Efforts to Improve Compliance with Other Laws Designed To Protect Water Quality and Fish Habitat The District's continued partnership with County officials facilitates the exchange of information necessary to inform property owners of the flexibility of VSP and the regulatory backstops that remain in place. Additionally, the District serving as a Technical Assistance provider ensures that every effort will be made to recommend responsible �- practices for resource protection. The District has historically and consistently collaborated efforts and interests with other resource protection agencies to share data and monitor for compliance and protection, maintaining it's a solid role protecting water quality and fish habitat. Page 9 MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM A Description Of Efforts Showing How Relying Upon Voluntary Stewardship Practices As The Primary Method Of Protecting Critical Areas And Does Not Require The Cessation Of Agricultural Activities. At this stage of implementation, no Individual Stewardship Plans"ISP" specifically drafted under VSP have been complete. However, Farm Plans have been provided to local landowners and best management practices have been implemented that did not result in any reduction in the agricultural activities occurring on the property. With the District's interest in providing assistance to the farming community, it is familiar with many BMPs that improve operations in sensitive areas without reducing the activities. While there have been no requests for ISPs as of this Report, the District continues to receive requests for technical assistance and management plans in areas where critical areas exist. The types of BMPs implemented in the past both pre and post July zoic have not been comprehensively tracked outside of those receiving funding. The District is researching additional technology options that allow vital information to be maintained and manipulated as part of the VSP monitoring process. One issue has arisen in the data used to calculate agriculture that may impact overall results when it comes to analyzing whether or not cessation has occurred. Some of the data received from the WA Department of Agriculture's crop survey included golf course properties that need to be removed from the data sets to get more accurate acreage numbers. While District Staff was compiling a landowner database and confirming each location and address, it was discovered that several golf course/turf grass properties were included in the totals that will need to be deleted as not being an agricultural activity. The farmer has to be an optimist or he wouldn't still be Y r a farmer. Will Rogers of h Page 10 cc: CMMRS Neatherlin, Shutty &Trask Clerk �E��E® 4�� �E .t11/i yFi United States Department of the Interior p BUREAU OF INDIAN AFFAIRS J U L 312019 Puget Sound Agency • 2707 Colby Ave.—Suite 1101 Mason County CH 3.���� Everett,Washington 98201-3665 C�mmissi�ners In Reply Refer to: JUL 2 6 2019 Division of Realty CERTIFIED MAIL-7019 0140 0000 6455 6899-RETURN RECEIPT REQUESTED Board of County Commissioners Mason County 411 North 5t` Street Shelton, Washington 98584 Dear Commissioners: This letter is notification of an amended determination of application of the Skokomish Indian Tribe. The Puget Sound Agency Superintendent of the Bureau of Indian Affairs, United States Department of the Interior,has decided to acquire in trust 4.98 acre tract on the Skokomish Indian Reservation in Mason, County,Washington. A copy of the decision is enclosed. Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. This decision may be appealed to the Northwest Regional Director in accordance with the regulations in 25 CFR Part 2. Your notice of appeal must be filed in the Superintendent's office at 2707 Colby Avenue, Suite 1101, Everett, Washington 98201, within 30 days of the date of receipt of this decision. The date of filing your notice of appeal is the date it is postmarked of the date it is personally delivered to the Superintendent's office. Your notice of appeal must include your name, address, and telephone number and it should clearly identify the decision being appealed. If possible, attach a copy of the decision. The notice and the envelope in which it is mailed should be clearly labeled"Notice of Appeal." Your notice of appeal to the Regional Director at: Northwest Regional Director, Bureau of Indian Affairs, 911 Northeast 11th Avenue, Portland, Oregon 97232-4169. If you are an Indian or Indian Tribe and are not represented by an attorney,you may request assistance from this office in preparation of your appeal. You may include a statement of reasons with your notice of appeal, explaining why you believe that decision being appealed is in error. If you do not included your statement of reasons with your notice of appeal, you must mail or deliver it to the Superintendent's office within 30 days after you file your notice of appeal. The statement of reasons and the envelope in which it is mailed should be clearly labeled"Statement of Reasons." It must be accompanied by or otherwise incorporate all supporting documents. You must send copies of your statement of reasons to all interested parties and the Regional Director. If no appeal is timely filed,this decision will become final for the Department of the Interior at the Expiration of the appeal period.No Extension of the time may be granted for filing a notice of appeal. Sincerely, Oiz— N• Superintendent Puget Sound Agency w/Enclosure cc: Skokomish Indian Tribe DENT OF r i k.. :tr�' * United States Department of the Interior BUREAU OF INDIAN AFFAIRS PuPuget Sound Agency `A g g y JUL 3126 2707 Colby Ave.—Suite 1101 Everett,Washington 98201-3665 Mason County JUL 2 6 2019 Commissioners In Reply Refer To: Division of Realty CERTIFIED MAIL—7019 0140 0000 6455 6882 -RETURN RECEIPT REQUESTED The Honorable Charles Miller Chairman, Skokomish Indian Tribe 80 North Tribal Center Road Skokomish, Washington 98584 Dear Chairman Miller: This is the decision of the Bureau of Indian Affairs (BIA), Puget Sound Agency Superintendent, on the Skokomish Indian Tribe land-into-trust application for the property more fully identified below,known as the "Rapleje Property", consisting of 4.98 acres,more or less in Mason County, Washington. The proposed acquisition is for fisheries management and conservation purposes. The application is not for gaming purposes. For the reasons set forth below, it is my decision to approve the Skokomish Indian Tribes request to acquire the Rapleje Property ("Property'or"Land") into trust. Application Information The Skokomish Indian Tribe (Tribe)requested by Tribal Resolution Number 2017-075, dated May 10, 2017 (Exhibit 1)that the United States acquires a 4.98-acre tract, more or less, in trust for the use and benefits of the Tribe and its membership. The Tribe acquired the property as follows: Parcel Number: 4211144-00010 The Tribe acquired the property from Elisabeth Frazier,Mason County Treasure,by Tax Deed dated February 3, 2017 and recorded the purchase on February 17,2017 Mason County, Washington under document number 2069913 (Exhibit 2). Land Description of the Property The Rapleje Property is on the Skokomish Indian Reservation(Exhibit 3). The parcel number for the property is 42111-44-00010. The land is described as follows: Decision-Amended Page 1 Assessor's Parcel No. 42111-44-000 10, being the South Half of Indian Lot 18, Section 11, Township 21 North, Range 4 West,W. M. Situate in the County of Mason, State of Washington. Containing 4.98 acres,more or less. The Boundary Evidence Standards Certificates requested by the Tribe and prepared by Kathleen Cassou were approved by the Bureau of Land Management(BLM) on May 2, 2017. The Land Description Review Certificates states that the land description are acceptable (Exhibit 4). The Tribe has fulfilled the requirements of 25 CFR §151.9 governing requests for approval of acquisitions by submitting Tribal Resolution Number 2017-075 dated May 10, 2017, which sets out the identity of the parties, a description of the land to be acquired, and other information that show that the acquisition comes within 25 CFR Part 151. Specifically, that the property is located within the exterior boundaries of the Skokomish Indian Reservation, as provided in 25 CFR §151.3(a)(1), and that the property is owned by the Skokomish Indian Tribe as provided in 25 CFR §151.3(a)(2). Regulatory Requirements, 25 CFR Part 151: This decision of the Puget Sound Agency Superintendent, Bureau of Indian Affairs is discretionary. In evaluating the Tribe's request to have land taken into trust,the BIA must consider the criteria set out in 25 CFR §15 1.10(a)through (c) and(e)through(h). Proof that the Puget Sound Agency Superintendent considered the factors set forth in 25 CFR §151.10,must appear in the administrative record; however, there is no requirement that the BIA reach a particular conclusion concerning each factor. Nor must the factors be weighed or balanced or exhaustedly analyzed in a particular way. Thurston County, Nebraska v. Great Plains Regional Director, Bureau of Indian Affairs, 56 IBIA 296, 300, 301 (04/03/2013). 151.10(a)—Statutory Authority The primary authority to acquire land in trust for a Tribe is the Indian Reorganization Act(IRA) of June 18, 1934(48 Stat. 984), 25 U.S.C. §5108: The Secretary of the Interior is authorized, in his discretion, to acquire through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments,whether the allottee be living or deceased, for the purposes of providing land for Indians. Decision-Amended Page 2 In 2009,the Supreme Court issued its decision in Carcieri v. Salazar, 555 U.S. 379 (2009),where the Court held that in order for the Secretary to acquire land for a Tribe under Section 5 of the IRA', a Tribe must have been"under federal jurisdiction"in 1934. In accordance with the Carcieri v. Salazar case,the Secretary may use this authority only for tribes that were under federal jurisdiction in 1934. The present-day Skokomish Indian Tribe is comprised of approximately 732 enrolled members and is the successor in interest to signatories of the Treaty of Point No Point, 12 Stat. 933, entered into in 1855. Based on the 1947 Tribal Relations Pamphlet called Ten Years of Tribal Government Under I.R.A., written by Theodore H. Haas, Chief Counsel,United States Indian Services,the Tribe participated in a vote to accept the IRA on October 27, 1934. Subsequently, the Tribe also adopted a Constitution and Bylaws pursuant to Section 16 of the IRA, on April 2, 1938 and approved on May 3, 1938 by the Secretary of the Interior, and amended on January 15, 1980 and approved on March 17, 1980 by the Secretary of the Interior(certificate of adoption of Tribal Constitution and Bylaws in accordance with the IRA). In United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974),the district court confirmed that the Skokomish Indian Tribe was a party to the Point No Point Treaty. On appeal to the Ninth Circuit, the court affirmed that the Tribe was a party to the Point No Point. United States v. Washington, 520 F.2d 676(9th Cir. 1975). Based on the record as a whole, the Skokomish Indian Tribe was under federal jurisdiction in 1934, and the Secretary has the authority to take land into trust using the authority of Section 5 of the IRA. Section 151.3(a) of Title 25 of the Code of Federal Regulations sets forth the Department's land acquisition policy. I find that the acquisition is consistent with the policy because of the following: 1) The Tribe already owns the land as evidenced by the Tax Deed (Exhibit 2) and the title commitment issued by Mason County Title Company (Exhibit 5). The Office of the Solicitor, Pacific Northwest Region, U.S. Department of the Interior, reviewed the title evidence and provided Preliminary Opinion of Title BIA.PN.15904 dated August 8, 2018 (Exhibit 6) finding title vested in the Tribes: and 2) The Tribe's proposed use for the subject property is for fisheries management and conservation purposes.The Tribe will also be increasing its land base,which provides greater options and flexibility for future actions to fulfill its self-determination goals.I find that this land is necessary to facilitate tribal self-determination. 25 CFR §151.3(a) (2) and(3). 'Section 5 of the IRA it codified at 25 U.S.C.§5108. Decision -Amended Page 3 I find that the Skokomish Tribal Council has the authority to convey the subject property to the United States in trust for the Tribe pursuant to Article V, Section 1(g) of the Constitution of the Skokomish Indian Tribe (Exhibit 7). This section states that the Tribal Council has the power: "To purchase or acquire in other ways land and other property; to use, manage, assign, lease, encumber, exchange, place in trust, and dispose of land and other assets owned by the tribe; and to veto any proposed sale, encumbrance, or other disposition of tribal land or assets; but any sale, pledge,mortgages, or relinquishment of tribal land must first be approved by the General Council." I have determined that the regulatory requirements of 25 CFR §15 1.10 applies to this trust acquisition. 25 CFR §151.11 does not apply because the subject property is on the Skokomish Indian Reservation(Exhibit 3). 151.10(b)—Need for additional land The Skokomish Indian Reservation is a rural coastal reservation located in the western part of Washington State at the southwest end of the Hood Canal in Mason County. The Skokomish Tribe is a signatory of the Treaty of Point No Point of January 26, 1855 (12 Stat. 933). The Tribe has an acute need for additional land because of the loss of their land base pursuant to the Treaty of 1855. Today,the Tribe's land base consists of approximately 4,950 acres of Tribal Trust property, and their land is used for a variety of purposes, such as governmental, natural resources, salmon restoration, administrative or housing. All the other tribal properties are being utilized or are full developed. Also, some of the Tribe's property is subject to annual flooding or is unsuitable for further development. The Tribe acquired the property to increase tribal land holdings, counter the loss of lands out of tribal ownership and trust status. Increasing its land base provides greater options and flexibility for future actions to fulfill its self-determination goals. Acquisition of this property in trust status will ensure that the land remains protected for future generations by restricting its alienation. Once the property is placed in trust, it will put the Tribe in a better position to bid for grants and/or to qualify for additional funding from Agencies who distribute funding based on total tribal acreage,roads, and other reasons. Based on the above facts, I find that the Tribe needs this additional land for self-determination purposes, and to increase its land base to better sustain the Tribe and its tribal membership. Decision-Amended Page 4 151.10(c)—Purpose for which the land will be used The current/proposed use for the property is for fisheries management and conservation purposes and is otherwise vacant and undeveloped. The Tribe stated that the use will not change; therefore, there will be no change of land use for the BIA to consider. 151.10(e)—Impact on the state and local governments' tax base A Notice of Application was sent to the Governor's Office of Indian Affairs of Washington ("State")and Mason County("County")on May 12,2017 (Exhibit 8). The notices provided 30 days for a written response. According to the certified mail return receipts, the State and County received their Notice of Application on May 15, 2017. The State and County did not respond to the Notice of Application. The 2017 taxes for the subject property are about$41.73. I do not know the County's total tax base. I can only consider the information that is available. Therefore, I find that if the land is acquired in trust status, the removal of the subject property from the County's tax base will have minimal impact on Mason County. I find that I cannot determine any impact on the State and County due to its failure to respond to the Notice. 151.10(f)—Jurisdictional problems and potential land use conflicts The acquisition of this subject property into trust status should not create jurisdictional problems. Before acquisition by the Tribe, this property is subject to the State's jurisdiction. After acquisition by the United States in trust for the Tribe,the Tribe will have regulatory jurisdiction over the land. The land will receive police and emergency services in cooperation from both Mason County and Tribal Public Safety where applicable. The land will continue to receive fire response from Mason County Fire District. The State and County did not respond to the Notice of Application, and thus,they did not raise any jurisdictional problems. The current/proposed use is less likely to produce/cause jurisdictional problems. Thus, based upon what the BIA knows now, there is no basis to conclude that jurisdictional problems will arise as a result of the land's acquisition in trust status. If the property is transferred into trust status the local governments zoning laws would not apply, 25 CFR§1.4(a). The Tribe does not plan to change the current use; therefore, I find that there will be no potential land use conflicts. Decision-Amended Page 5 Based on the preceding discussion, I find that my consideration of the criterion in 25 CFR §151.10(f)weighs in favor of the acquisition of the subject property. 151.10(g)—Whether the BIA is equipped to discharge additional responsibilities The Skokomish Indian Tribe is a self-governance Tribe has compacted all programs, except the realty functions. Therefore, the BIA performs all of the realty functions and then submits the documents for approval by the Superintendent of the Puget Sound Agency or the Northwest Regional Director. The programs at the Puget Sound Agency and Northwest Regional Office are capable of handling the additional responsibilities brought about by acquiring the land into trust. The principal programs affected will be Realty and Environmental Services, along with the Northwest Title Plant. I find that the BIA is equipped to discharge any minimal responsibilities resulting from the acquisition of this 4.98-acre parcel in trust status. 151.10(h)—Environmental compliance A Categorical Exclusion Exception Review(CEER) Checklist dated May 12, 2017, indicates that an environmental assessment is not required because the Tribe indicated that no development, physical alteration, or change of land use after acquisition is planned or known(Exhibit 9). Therefore, I find that approval of this acquisition falls under 516 DM 10.5(1) and is categorically excluded. Should future development occur, compliance with NEPA will be required if federal or a federal decision is involved. Historic/Endangered Species Compliance Since there are no plans for further development of this property,I anticipate no impact to any historic or archaeological resources or to any threatened or endangered species that may exist on the property. Should future development occur, compliance with laws governing historic properties and endangered species, if applicable, will be required. Phase I Environmental Site Assessment Prior to deed acceptance, a Phase I Environmental Site Assessment will need to be conducted by qualified Environmental Professional for the property. Additionally,the Phase I Environmental Site Assessment will need to be conducted according to the current ASTM Standards and 40 CFR Part 312. The Phase I Environmental Site Assessment will need to be reviewed and approved by the Northwest Regional Environmental Scientist. Decision-Amended Page 6 Conclusion The Skokomish Indian Tribe's application and associated documents for acquisition of the Rapleje Property have been reviewed and determined to be in compliance with all of the requirements of 25 CFR 151 and Department and Regional Directives. The application is hereby approved. The following items were relied on or provided in support of the proposed acquisition; they are enclosed on the CD for reference. Index 1. Tribal Resolution Number 2017-075 and Fee-to-Trust Application 2. Tax Deed 3. Location Maps 4. Land Description Review Certificates 5. Commitment for Title 6. Preliminary Title Opinion 7. Constitution of the Skokomish Indian Tribe 8. Notice of Application sent to the Governor's Office of Indian Affairs of Washington and Mason County Board of County Commissioners 9. Categorical Exclusion Exception Review(CEER) Checklist Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. This decision may be appealed to the Northwest Regional Director in accordance with the regulations in 25 CFR Part 2. Your notice of appeal must be filed in the Superintendent's office at 2707 Colby Avenue, Suite 1101, Everett, Washington 98201, within 30 days of the date of receipt of this decision. The date of filing your notice of appeal is the date it is postmarked of the date it is personally delivered to the Superintendent's office. Your notice of appeal must include your name, address, and telephone number and it should clearly identify the decision being appealed. If possible, attach a copy of the decision. The notice and the envelope in which it is mailed should be clearly labeled"Notice of Appeal." Your notice of appeal to the Regional Director at: Northwest Regional Director, Bureau of Indian Affairs, 911 Northeast 11th Avenue, Portland, Oregon 97232-4169. If you are an Indian or Indian Tribe and are not represented by an attorney,you may request assistance from this office in preparation of your appeal. You may include a statement of reasons with your notice of appeal, explaining why you believe that decision being appealed is in error. If you do not included your statement of reasons with your notice of appeal,you must mail or deliver it to the Superintendent's office within 30 days after you file your notice of appeal. The statement of reasons and the envelope in which it is mailed should be clearly labeled"Statement of Reasons." It must be accompanied by or otherwise incorporate all supporting documents. You must send copies of your statement of reasons to all interested parties and the Regional Director. Decision-Amended Page 7 If no appeal is timely filed, this decision will become final for the Department of the Interior at the Expiration of the appeal period. No Extension of the time may be granted for filing a notice of appeal. Sincerely, • � N• L uperintend t Puget Sound Agency Decision-Amended Page 8 NEWS RELEASE August 6, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5th ST SHELTON, WA. 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, MASONWEB-TV, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2019 United Ways Day of Caring — Free Dump Day In partnership with Mason County Public Works and Republic Services, United Way of Mason County will be handing out vouchers for the final Mason County free dump day of this year. Vouchers will be handed out to 300 Mason County residents, on a first-come first-serve basis to be redeemable on September 6, 2019 at the Mason County Landfill at 501 E Eells Hill Road, Shelton, WA. Starting August 1, 2019 vouchers will be available Monday-Friday 10am-2pm at the United Way of Mason County's office located at 536 W Railroad Ave, Shelton WA. To receive a voucher you must fill out the required paper work, have a valid ID and proof of Mason County address. Vouchers will only cover 1,000lbs of household garbage, tires and appliances anything over will be charged to customer. For any questions, please contact United Way of Mason County at (360) 426-4999 and for rules and restrictions for household garbage (360) 427-5271. More information regarding the voucher process and items covered and not covered by the voucher is available on the Mason County Utilities and Waste Management/Solid Waste webpage. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner R LIVE UNITED South Sound Steel w & Recycling, Inc. REPUBLIC SERVICES Free Dump Day September 6th, 2019 What: In partnership with Mason County Public Works and Republic Services, United Way of Mason County will be giving away 300 vouchers to be used at Mason County Landfill, on September 6th, 2019. The vouchers are good for up to 1,000 lbs. of household garbage, appliances and tires. One trip only per voucher. See below for restrictions . Who: 300 Mason County residents. With Valid I.D. and proof of matching address. ( I.E. power, ca- ble, or water bill) When: On August 1 st Vouchers will be handed out to 300 Mason County residents. Vouchers can be redeemed at Mason County Landfill in Shelton, WA on September 6th 2019, only. How: Starting August 1st ,2019, until vouchers are gone. Monday-Friday 10a.m.-2p.m. you can come into United Way of Mason County's office and fill out required paper work to receive the voucher. Require- ments for vouchers are first come first serve, valid I.d. with proof of Mason County address. You will be eli- gible for one voucher per address. Voucher will only cover 1,000 lbs. of household garbage, appliances and tires. If load exceeds 1,000lbs you will be responsible for charges. Items that will be covered by the Voucher. • Anything under 1,000lbs ( if the load of garbage exceeds 1,000lbs YOU will be responsible for the extra cost) • Tires and appliances (Refrigerator, door must be removed, Freezer) Items that will NOT be covered by the Voucher • Liquids— Latex paint cans must be completely dry. Fill cans with leftover paint with kitty litter, or dirt. • No fertilizers, oil, or"mystery fluids". • Explosives, Flammables or Ammunition —this includes fireworks, blasting caps, flares or unstable materials that can ignite or explode. • Dirt or Rocks—some incidental dirt that gets swept in is fine, but no boxes or quantities of dirt. • Biohazard, radioactive or medical wastes • No TV's (goodwill will take TV's free as E Recycle) For any questions please contact United Way of Mason County at(360)-426-4999 Mason County Landfill for more information on their rules and restrictions, call Zach 360 427-9670 ext.273 (360)427-5271 501 W Eells Hill Rd, Shelton, WA 98584 BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of July 22,2019 Monday,July 22,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Draft July 30 agenda for Belfair meeting will be circulated. • The August 5 elected official/director meeting will be canceled. • HB 1406—Affordable and Supportive Housing—Local Sales&Use Tax is being tracked and the County has until January 2020 to adopt a resolution. The County is waiting to see what the City of Shelton will do. • Because the Health Department's grants are challenging,the Auditor's office has created a monthly grant reporting form for the Health Department to use for more efficient reporting. 9:15 A.M. Prosecuting Attorney/Sheriffs Office—Michael Dorcy/Travis Adams Commissioners Shutty,Trask and Neatherlin were in attendance. • Request for$10,000 for the start up costs of add-on modules to the Prosecutor's existing management software,Karpel Solutions.This would increase efficiency in delivering and serving law enforcement with subpoenas and streamline the discovery process with defense counsel.The Public Defense office will also be purchasing this software. The annual maintenance fee is$2,000 per module. The Board agreed to supplement the Prosecutor's budget for this purchase. 9:30 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Working with Fire Chiefs to cover Fire Marshal duties. • Discussion of WRIA work. • Applying for a grant for engineering work to hook up the trailer park across the street from Tractor Supply to sewer and water. This would have a positive impact on the Johns Creek water supply. • Steve Abels,North Mason Resources Director,stated North Mason has 1/3 of the County's population yet only 10%is allocated to North Mason Resources and the funding has decreased over the last three years. He stated affordable housing in North Mason doesn't exist.North Mason Resources provides a variety of services including employment services which is ran by volunteers.They serve 2,100 people annually which include Kitsap and Pierce County residents. Mr.Abels requested North Mason Resources request for$78,500 in funding be reevaluated. Cmmr.Shutty noted the funding available is for only housing and asked if the funding request supplements other programs,besides housing. Mr.Abels explained how they evaluate a person's needs and they do work with Crossroads. Discussion of the various housing programs including rapid rehousing and coordinated entry. • Request to set a public hearing on August 27 to consider two rezone requests in the Taylor Town Rural Activity Center(RAC). The request will go on the agenda. • FEMA flood maps dated June 20,2019 are now effective and some property owners are receiving letters from their lenders indicating they need to purchase flood insurance. People can apply to FEMA for flood map amendments. • Request to post for a Building Inspector rather than a Plans Examiner and to expand the annual training budget. The Commissioners wanted to know additional budget information. • Discussion of sign code enforcement in Belfair. 10:40 A.M. BREAK Board of Mason County Commissioners'Briefing Meeting Minutes July 22,2019 10:47 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to advertise for a vacated Engineering and Construction Manager was approved. • The County will be giving away 300 vouchers for free dumping on September 61'of up to 1,000 lbs.of household garbage,appliances and tires. • Review of a new staff scheduling tool for Public Works Engineering capital projects. 11:00 A.M. Finance Committee—Lisa Frazier Treasurer Lisa Frazier called the Finance Committee to order at 11:10 a.m. Leo Kim, Auditor's Office and Cmmr.Shutty were in attendance. Also in attendance were Commissioners Trask and Neatherlin. Current Expense cash balance as of June 30,2019 is$11,105,488. Treasurer Frazier reviewed cash and investments. Jennifer Beierle reviewed the updated Reserve Policy. Lisa asked about creating a Belfair Sewer Reserve. Jennifer believes the reserve is best established in REET 2.There was a discussion of the use of REET 2. Lisa cautioned the dependence on REET funding because it is impacted by the market.Leo noted that a proprietary fund,such as Belfair Sewer,is supposed to be self-sufficient. Frank reviewed the status of the REET 2 Fund— anticipate$1.2M in revenue;$800K transfer to Belfair,$400K transfer to Rustlewood, $540K capital improvements budgeted,$2.6M cash balance.There was discussion of changing the language pertaining to the REET 2 Fund Reserve for the Belfair Sewer. The reserve will increase....by up to one half....until the reserve is equal to$3M. Shutty/Frazier moved and seconded approval of the updated Reserve Policy as amended. Motion carried. Loretta presented two loan requests—1)ecosystem restoration work in Skokomish Valley,$7.7M is local share,cash required is$5.5M,construction award in July 2020,so cash will be needed in May 2020,repaid by Conservation District grant,debt repayment schedule would be three to five years. Lisa believes the County would need to obtain a bridge loan from a bank.2)Belfair Sewer extension. Staff made an application for an $8M loan to the Public Works Board. In addition,a$2M grant award has been made. There could be investors,private and public. Treasurer Frazier stated no action is necessary at this point until there is further Commission action on these requests. The meeting adjourned at 11:57 a.m. 11:30 A.M. Accessible Community Advisory Committees Act(ACAC)—Megan Mason-Todd/Kevin Frankeberger Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to form an Accessible Community Advisory Committees Act(ACAC)in Mason County. The voting access advisory committee that is required under RCW 29A.04.223 could be expanded to form an ACAC. Pat Bauccio and Megan Mason-Todd,Governor's Committee on Disability Issues and Employment,were in attendance. There are 12 counties that have an ACAC which is required in order to request grant funding from the Governor's Committee on Disability. Cmmr.Neatherlin asked if the grants provide staff support. It would take staff time to apply for the grants and manage the grants and manage the Committee. Currently funding has been available for staff support. • Commissioner Discussion. There was a review of building permit activity and discussion of how the regulations could be changed for certain type of permits to streamline the process. Cmmr.Neatherlin will discuss with Dave Windom and ask Dave to bring forward information. The Board recessed at 12:35 p.m. Board of Mason County Commissioners'Briefing Meeting Minutes July 22,2019 2:00 P.M. Review of Equipment Rental&Revolving—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Frank provided history on the Equipment Rental&Revolving Fund. Included in the presentation were several recommendations that include reconciling"equity shares"for 2015 to 2018 by 10/31/19 and then annually by end of 2°d quarter. Create quarterly analytical reports. Allocate county-wide internal indirect to the Roads&Engineering Department purchasing process for 2020 and beyond during rate setting.Have the rate setting prepared by PW Managers and the Budget Manager and approved by the PW Engineer. Establish Reserves for Fuel Depot and LD/HD Shop for 2021 rate setting. Develop ER&R Policies and Procedures in 2020. Develop a process to determine the necessary number and classes of vehicles for all contributors in the procedures and continue to find methods to minimize fixed costs. Accounting recommendations were made to develop cost centers,develop classes of vehicles and develop methods to set shop rates. Also to set up payroll tracking of staff into defined cost centers;increase the fuel up-charge to 10%;create an accident direct cost category and change budgeted rate setting from LD/HD to billable hours. • Frank reviewed the analysis on how the ER&R rates are established. 3:55 P.M. Closed Session—RCW 42.30.140(4)(labor discussion) Commissioners Shutty,Trask and Neatherlin met with Frank Pinter in closed session from 3:55 p.m.to 4:25 p.m.for a labor discussion. The briefing adjourned at 4:25 p.m.with no further action. 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 29,2019 Monday,July 29,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Lake Management District for Spencer Lake has been formed by vote of the landowners within the District. The next step is to adopt an ordinance(August 13 agenda)and set a hearing to consider objections(hearing on September 17). • LTAC recommendation for visitor services is to award the North Mason Chamber of Commerce$40,600 for a one year contract with an option to renew and to go out again for proposals for not only Visitor Information Centers but to expand the request to include proposals support of tourism related facilities. • The Commissioners'2020 Budget was reviewed and will be input into MUNIS. • Updates to Chapter 2.51(Special Event Camping Policy for Foothills Park,Truman Glick Park and Walker Park)and Chapter 9.44(County Owned Real Property,Including Parks and Property Held in Trust)were reviewed and Ross will set a hearing for them to be considered for adoption. • Appointment request for Tammi Wright to represent DEM on the Mason County Emergency Medical Services(EMS)Advisory Council was approved to move forward. • The Financial Reserve Policy amendments were recommended for approval by the Finance Committee and will be brought forward for Commissioner adoption. • The direct transfer of funds from county road fund to the general fund for the County Road Diversion collection method was reviewed. The Commissioners are good with changing the collection method and a MOU between the Commissioners and the Sheriff s office along with a resolution changing the collection method will be brought forward. 9:30 A.M. State Auditor's Office Entrance Conference Commissioners Shutty,Trask and Neatherlin were in attendance. • Chelcie Robinson,Assistant State Auditor,provided the audit scope for the January 2018 through August 2018 accountability audit. SAO will audit the 2018 financial statements and federal grant compliance for 2018. The Commissioners took a break at 9:43 a.m. 9:55 A.M. WSU Extension/Noxious Weed Control—Patricia Grover Commissioners Shutty,Trask and Neatherlin were in attendance. • Contract#K2827 between WA State Department of Agriculture and the Noxious Weed Control Board for invasive knotweed for the period of July 1,2019 to June 30,2021 will be brought forward for approval. 10:00 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Amendment 9 to the Consolidated Contract that continues several programs was approved to move forward. • Dave will bring forward a resolution changing the cash drawer amounts and an agreement with the fire chiefs to cover fire marshal duties. • WRIA work was discussed. Dave will provide letters for Commissioners signature; Cmmr.Neatherlin will sign for WRIA 14 and Cmmr. Shutty will sign for WRIA's 15 and 22. • Dave will bring forward information on the types of permits to discuss how the process could be changed. The Commissioners took a break at 10:10 a.m. Board of Mason County Commissioners'Briefing Meeting Minutes July 29,2019 10:30 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • News release for the free dump day, September 6,will be issued. • Partnership agreement between the Department of the Army,Mason County and Skokomish Indian Tribe for the Skokomish Ecosystem Restoration project will be placed on the agenda. Staff reviewed the county obligations which include providing real property interests necessary for project construction and 35%of construction costs from the non-federal sponsors—Mason County,Skokomish Indian Tribe and WA State DNR. The local share will be met with grant funds,most of which have been awarded to the Mason Conservation District;we are$1.5M short at this time. A bridge loan will be needed because the grant funds are reimbursable. Staff will contact the Tribe about their commitment. Mason County is responsible for post O&M,estimated cost is$10,000 annually and the funding needs to be identified. Cmmr.Neatherlin suggested reviewing the Paths&Trails funding. • Deegan Road West road closure starting August 19 for culvert replacement. Staff has started the notification process. Shelton Valley Road is the alternative route. The anticipated work on Shelton Valley Road will not happen this year. • TIP amendment for Log Yard Road and the Belfair Sewer Extension ILA will be brought forward for approval. 11:00 A.M. Assessor—Patti McLean Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to pay Tom Gibbons,Appraiser,out of class while he is performing duties of the Statistical Sales Analyst for the next two months. This was approved to move forward. • Request to rename the BARS line from Chief Appraiser to Appraiser Analyst pursuant to the Teamsters contract as approved. • Request to transfer$70,000 from salaries to operating expenses in order to make three major purchases that include 2-way radios for all appraiser vehicles,five tablets to use in the field and a new appraiser vehicle. This funding is available because the Chief Appraiser position will not be filled. The tablets would be implemented in July 2020 and purchasing this year allows the data to be prepared. They anticipate a staff vacancy that the Assessor stated would not be filled due to the efficiency of using the new tablets. The Commissioners voiced support of the tablet purchase because of the anticipated efficiency. The Board delayed making a decision on this request and an additional briefing will be scheduled. 11:30 A.M. Economic Development Council Commissioners Shutty,Trask and Neatherlin were in attendance. • Updates: • There have been two more visits from site developers for hotels and the County owned parcels at Highway 101 and 102 have been looked at. Unfortunately those parcels are not in an opportunity zone. • The CEDS list is delayed to August. • EDC is scheduling a meeting with landowners in the opportunity zones so they understand the opportunities. • Working with The Ridge on the outdoor event proposal on county-owned property;they have had a pre-app meeting with the County. It would need to swap for other long-term commercial forest. • Have an interest from someone who is interested in running MCRA and EDC is working with them to make sure they have an actual proposal. • Cmmr.Shutty asked for the status of the joint lobbying agreement with the City of Shelton. Jennifer will check with Frank Pinter. Board of Mason County Commissioners'Briefing Meeting Minutes July 29,2019 Recessed 11:52 a.m. BREAK—NOON 2:00 P.M. Enterprise Fleet Leasing&Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Presentation from Enterprise Fleet Management. There is a current lease with Enterprise for Sheriff administration vehicles. The proposal is an open-end lease. The County receives the equity at the end of the lease when Enterprise sells the vehicle. The Fleet costs analysis is for 44 vehicles,not including the Sheriffs fleet. • Discussion of the cost analysis.The proposal is based on an average of$55K cost per vehicle;proposal is$186,382 for 15 vehicles;in five years the entire fleet would be leased and the cost is projected at$517,900 annually. • There are maintenance management options and Enterprise manages the vehicle maintenance. Local shops can be used or in-house maintenance. • Vehicle warranty is not known. • In order to cancel the program,the vehicles could be purchased outright or at the end of term(typically 5 years),the vehicles can be purchased. • Insurance quote per non-pursuit vehicle is$19 to$38 per month,for physical damage. 3:05 P.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Shutty,Trask and Neatherlin met with Frank Pinter in closed session for a labor discussion from 3:05 p.m.to 3:30 p.m. The meeting adjourned at 3:30 p.m.with no further action. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: _532 COMMISSION MEETING DATE: August 6, 2019 Agenda Item # g, Commissioner staff to complete) BRIEFING DATE: July 29, 2019 BRIEFING PRESENTED BY: Jennifer Beierle [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Mason County Financial Reserve and Contingency Policy to replace Resolution No. 58-17 BACKGROUND: The Mason County Board of County Commissioners adopted Resolution #58-17 setting a reserve and contingency policy for the County's General Fund. The attached revisions to this resolution include the following changes and additions: • Increase the General Fund Operating Reserve from 12-15% to 15-20% of the prior year's expenditures • Sales & Use Tax Fund Reserve • County Road New Road Projects Fund Reserve • County Road Fund Operating Reserve • REET 2 Fund Reserve • Equipment Rental & Revolving Fund Reserve Making these changes to the original Resolution adopted in 2017 will help the County to better account for cash flows in the General Fund and certain Special Funds. RECOMMENDED ACTION: Request the Board approve and sign the Resolution adopting the Financial Reserve and Contingency Policy, replacing Resolution No. 58-17. BUDGET IMPACTS: The County will begin budgeting the reserved fund balances in the 2020 budget. ATTACHMENT(S): Financial Reserve and Contingency Policy Resolution J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2019\Agenda Cvr-Fiancial Reserve Policy.doc RESOLUTION NO. AMENDING RESOLUTION 58-17 IN THE MATTER OF ESTABLISHING A FINANCIAL RESERVE AND CONTINGENCY POLICY FOR MASON COUNTY,WASHINGTON WHEREAS, the Mason County Board of County Commissioners, as the county legislative authority and the Mason County Finance Committee deem it to be fiscally responsible to maintain cash flow reserves in the County Funds and to provide sufficient reserve funds as required by law to cover bond covenants, the smooth running of the County and pay current obligations; NOW THEREFORE BE IT RESOLVED by the Mason County Board of County Commissioners that the Financial Reserve and Contingency Policy be adopted as part of the County Budget process to achieve the goals outlined. These goals were established by the Mason County Board of County Commissioners beginning in 2018 over a five year period for all reserves except the Contingency Reserve which was established beginning in 2019 over the successive next five years. A. General Policy The County shall maintain reserves required by law, ordinance and/or bond covenants. All expenditures drawn from reserve accounts shall require prior Board approval unless previously authorized by the Board for expenditure within the County's annual budget. The County Finance Committee will review annually the required reserve levels necessary to meet the reserves established herein. If it is determined that the reserves should be adjusted, the County Finance Committee shall propose an amendment to these policies. If reserves and/or fund balances fall below required levels as set by this policy, the County shall include within its annual budget a plan to restore reserves and/or fund balance to the required levels. The County's annual general fund budget will be adopted in the positive with expenditures not exceeding revenues, excluding beginning and ending fund balances unless the Mason County Board of County Commissioners develop a plan to restore the shortfall to the reserve balances within one calendar year. The County will allocate any funds from unanticipated excess revenues and/or unexpended budget authority in the year following the actual recognition of these funds first to funding reserves as set out in this policy then to other unanticipated expenditures. All reserves will be presented in the County's annual budget. B. General Fund Operating Reserves The County will maintain a General Fund Operating Reserve to provide for adequate cash flow, budget contingencies, and insurance reserves. Under this policy, General Operating Reserves will be budgeted in the range of 15% - 20% of the prior year's actual expenditures, excluding beginning and ending fund balances. C. General Fund Contingency Reserve The County will maintain a Contingency Fund and shall maintain a reserve equal to $1,000,000 to provide a financial cushion to cover revenue shortfalls resulting from unexpected economic changes or recessionary periods or to provide funds in the event of major unplanned expenditures the County could face. D. General Fund Technology Replacement Reserves The County will maintain a Technology Replacement Reserve for replacement of costs entity wide to cover computer hardware, software, or telephone equipment identified in the County's Technology Replacement listing. The required level of reserve will equal each year's scheduled costs. For example, if the 2019 equipment costs are budgeted at $100,000 the fund reserve balance must equal or exceed $100,000. Contributions will be made through assessments to the using funds and departments and maintained on a per asset basis. E. General Fund Equipment and Vehicle Replacement Reserves The County will maintain a General Fund reserve for the replacement of vehicles and equipment identified on the County's equipment replacement listing. The required level of reserves will equal each year's scheduled replacement costs. For example, if the 2019 equipment replacement costs are budgeted at $100,000, the fund reserve balance must equal or exceed $100,000. Contributions will be made through assessments to the using funds and departments and maintained on a per asset basis. F. General Fund Accrued Leave Reserve The County will maintain an Accrued Leave Reserve to cover the cost of the liability in its Accrued Leave Account. The reserve will be at least sufficient to cover one years estimated accrued leave payout as well as any accrued leave payouts known and required to be paid out in future years. G. Sales and Use Tax Fund Reserve The County will maintain a Sales and Use Tax Fund Reserve equal to 15%to 20% of the prior year's actual expenditures, excluding beginning and ending fund balances. H. County Road Fund Operating Reserves The County will maintain a County Road Fund Operating Reserve to provide for adequate cash flow. Under this policy, General Operating Reserves will be budgeted in the range of 15% - 20% of the prior year's actual expenditures, excluding beginning and ending fund balances. I. County Road New Road Projects Fund Reserve The County will maintain a County Road New Road Projects Fund Reserve equal to $4,000,000, or other amount set by the Board and adopted during the annual budget process. J. REET 2 Fund Reserve The County will maintain a REET 2 Fund Reserve to provide for future debt payments within the Belfair Wastewater& Water Reclamation Fund. The reserve will increase each year, economic conditions permitting, by up to one-half of the scheduled transfer amount from the REET 2 Fund into the Belfair Sewer Fund until the reserve is equal to $3,000,000, or other amount set by the Board and adopted during the annual budget process. K. Equipment Rental & Revolving Fund Reserve The County will maintain an Equipment Rental &Revolving Fund Balance Reserve equal to 15% - 20% of the prior year's actual expenditures, excluding beginning and ending fund balances. Approved this_day of ,2019. Mason County Board of Commissioners Kevin Shutty, Chair Randy Neatherlin,Commissioner Sharon Trask,Commissioner Approved this day of 92019. Mason County Finance Committee Lisa Frazier, Mason County Treasurer, Chair Paddy McGuire,Mason County Auditor, Secretary Kevin Shutty,Mason County Commissioner Attest: Melissa Drewry Clerk of the Board Approved as to form: Tim Whitehead Chief Deputy Prosecuting Attorney 0�r1� 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: August 6, 2019 Agenda Item # g (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8065796-8066062 $ 916,464.73 Direct Deposit Fund Warrant #s 60654-61045 $ 740,799.54 Salary Clearing Fund Warrant #s 7004571-7004598 $ 525,431.19 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 $ 15,395,574.97 Direct Deposit YTD Total $ 9,613,865.68 Salary Clearing YTD Total $ 10,043,927.44 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 8065796-8066062 $ 916,464.73 Direct Deposit Fund Warrant #s 60654-61045 $ 740,799.54 Salary Clearing Fund Warrant #s 7004571-7004598 $ 525,431.19 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 6, 2019 Agenda Item # BRIEFING DATE: July 29, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Road Closure — Deegan Road County Road Project 2014- Culvert Replacement Project BACKGROUND: County Road Project 2014 on Deegan Road is a culvert replacement project that involves the removal and replacement of the existing undersized culvert that is a fish barrier at MP 2.35. The project is scheduled to be constructed using county work force scheduled and to begin no earlier than August 19, 2019 and to have all in stream work completed by September 30, 2019. The project road closure will help expedite the replacement and minimize the inconvenience to the traveling public. Shelton Valley Road is the detour route and will be signed as such. BUDGET IMPACT: This is a budgeted project. RECOMMENDED ACTION: I recommend the Board of Mason County Commissioners execute the Resolution to close Deegan Road to perform culvert replacement work at milepost 2.35 from Monday August 19, 2019 and will reopen prior to Friday September 30, 2019. ATTACHMENTS: Resolution Flyer Notice RESOLUTION NUMBER COUNTY ROAD CLOSURE DEEGAN ROAD NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, Deegan Road, County Road No. 06110, shall be closed to all through traffic at approximate Milepost 2.35 starting on Monday, August 19, 2019 and reopening prior to Monday, September 30, 2019. Commuters should become familiar with alternate routes and allow for extra travel time during the closure. A detour route will be posted during the closure. NOW THEREFORE,BE IT RESOLVED,the Board of County Commissioners has declared the above described road closure a public necessity to facilitate the Deegan Road West Culvert proj ect. THEREFORE, the County Engineer is hereby ordered and authorized to proceed as prescribed by law. ADOPTED this day of , 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty, Chair ATTEST: Sharon Trask, Vice Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney cc: Commissioners Engineer JOURNAL: Publ. It.: 8/15/19 (Bill Road Dept.) POST: At Least three (3) dqys prior to closure. Mason • unty Public Works Deegan Road West Culvert Replacement Project Deegan Road West Road Closure Starts August 19th , 2019 Mason County Public Works will begin the replacement of a culvert on Deegan Road West at MP 2.35 on Monday, August 19th, 2019. All traffic will be restricted from entering the work zone. This closure will help expedite the replacement, minimizing the inconvenience to the traveling public. Please become familiar with the alternate routes and allow for extra travel time to use them. We estimate that the road will reopen to traffic around September 30th, 2019. If you have questions, please feel free to contact the Public Works Department. Follow @masoncountywa on Facebook for project updates and County notices. 44, To M TLOCK- !b, 4. � W "1 �1P Detour/ Evacuation Route w i Shelton Valley Road a Q I "Al Shelton Vale � t1�' �Stinoa++VOS'�oa O� o° Road Closure on R WCOBLE�� • WCLARK RD Deegan Road West R w° 14 at MP 2.35. _ w•�nvw�v. No access through WOULLMERFL73 W Project site / work zone the work zone. All traffic must use alternate routes. val o /$p0 w�NSEL W BEAR, RD �R0c W CLOQUALLUM RDW DOG - GONE 0� v Mason •unty Public Works 11 W Public • - Shelton, ' 98584 Website:Phone: 360-427-9670 ext. 450 www.co.mason.wa.us/public-works Facebook: @rnasoncountywa 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: August 6, 2019 Agenda Item #-&4 BRIEFING DATE: April 22, 2019 & July 8, 2019 BRIEFING PRESENTED BY: Diane Sheesley and Cyndi Ticknor [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Interlocal Agreement— Skokomish Indian Tribe EXECUTIVE SUMMARY: The Interlocal agreement with the Skokomish Indian Tribe would authorize the Public Works Department to provide vehicle, road or site maintenance, engineering, survey, GIS, emergency assistance, sign fabrication, fueling and materials supply services to the tribe. Budget Impacts: The tribe will pay all actual costs for requested services from the Public Works Department. Agreement shall remain in effect until terminated by either party. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners approve the Interlocal Agreement with the Skokomish Indian Tribe authorizing services provided by the Public Works Department for vehicle, road or site maintenance, engineering, survey, GIS, emergency assistance, sign fabrication, fueling and materials supply. Attachments: Interlocal Agreement -�Y±••Y.Tf/ f•./? I ! .. Y I.t./ '•! 1 ! 1 f V _( . :j y �w -S t_..! ►.':1'\ :-1 ►►•• •',.n�t-1.� !1 f \/.�\f �/r•1 �1K�.. Y../ty 1 J f Y-f-y,.L�..1Y.'.••! y•. �:' �• 1 4 �j/ tit •2 .'I x11••1 ,�y.,•.�:.y�r..y.w Tr.! / y�♦Fl J 11i '♦•I-..hf1�fH� v 1:1 -1 t L. r.f..'�F� I.J.A.!..` :..L �-..L..A.4:. � l..L 4.�.f.i..�.�:..1• - Y Skokomish Indian Tribe Tribal Center(360)426-4232 N. 80 Tribal Center Road FAX(360)877-5943 Skokomish Nation, WA 98584 SKOKOMISH TRIBAL COUNCIL RESOLUTION NO.2019-096 A RESOLUTION TO. APPROVE SLD CONTRACT NO. 2019-AGREE-00197, INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND SKOKOMISH INDL4N TRIBE FOR ACUISITION OF SERVICES. WHEREAS, the Skokomish IndianNobe is a federally recognized Indian tribe organized under its Constitution and by-laws-first adopted on April 2, 1938, and approved by the Secretary of the Interior May 3, 1938, amended January 15, 1980, as approved by the Secretary of the Interior March 17, 1980; and WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish Indian Tribe, pursuant to Article IV, Section 1 of the Constitution of the Skokomish Indian Tribe; and WHEREAS, the Skokomish Tribal Council, pursuant to the Constitution of the Skokomish Indian Tribe, has the authority under Article V, Section 1(m) on behalf of the tribe to consult, negotiate, and contract with agencies and officers of federal, state, local, and tribal governments and with private persons and organizations; and WHEREAS, the Skokomish Tribal Council reviewed the attached contract recorded as SLD Contract No. 2019-AGREE-00197 ("Contract") and finds that execution of the Contract is in the best interest of the Skokomish Indian Tribe; and NOW, THEREFORE, BE IT RESOLVED that the Skokomish Tribal Council hereby approves the Contract recorded as SLD Contract No. 2019-AGREE-00197; and BE IT FINALLY RESOLVED that the Skokomish Tribal Council authorizes Charles Miller, Chairperson of the Skokomish Indian Tribe, or his designee, to sign and execute all necessary documentation including the Contract. ***CERTIFICATION*** I, Charles Miller, Chairperson of the Skokomish Tribal Council, do hereby certify that the foregoing Resolution No. 2019-096, was adopted at a regular meeting held on July 17, 2019, at which time a quorum was present with a vote of FOR, AGAINST, ABSTAINING. Charles Miller, Chairperson Alex Gouley, Secretary Skokomish Tribal Council Skokomish Tribal Council 1IPage SKOKOMISH INDIAN TRIBE: RESOLUTION NO. 2019-096 PF SF SLD-07025-RES (October 2014) MCOKOMISH LEGAL Agreemew No. 19-09 DEP,-\I{VMENT DOCL O. a4c 10- INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND SKOKOMISH INDIAN TRIBE FOR ACQUISTION OF SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of 2019, by and between Skokomish Indian Tribe (hereinafter referred to as SKOKOMISH) and Mason County(hereinafter COUNTY)collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the SKOKOMISH has express interest in an Interlocal agreement with the County whereby the Public Works Department will provide the following services: vehicle,road or site maintenance, engineering, survey. GIS, emergencv assistance. sien fabrication, fueling and materials supply. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for COUNTY to provide the above mentioned services to the SKOKOMISH when a work request has been approved by both parties. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES' representatives are as follows: To COUNTY: To SKOKOMISH: Dept. of Public Works Skokomish Indian Tribe 100 W Public Works Drive 80 N Tribal Center Road Shelton, WA 98584 Shelton, WA 98584 Attn: Allan Eaton or Jeremy Seymour Attn: Doug Smith, Chief of Police Phone: (360)427-9670, Ext.450 Phone: (360) 4264232 Fax: (360)427-7783 Cell: (360)490-2218 Email: allane@co.mason.wa.us Email: DSmith@skokomish.org Email:jeremys@co.mason.wa.us 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both County and SKOKOMISH and shall remain in effect until EITHER PARTY terminates by giving a ten days written notice to the OTHER PARTY. Page I 4. WORK REQUESTS: The SKOKOMISH will normally request work from the COUNTY Asst. Road Operations/Maintenance Manager, Allan Eaton and/or Fleet Supervisor, Jeremy Seymour.The request should be requested by an authorized representative of the SKOKOMISH by e-mail or fax. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the SKOKOMISH. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the SKOKOMISH"S representative,giving due consideration to the immediacy of the SKOKOMISH"S need and workload of the COUNTY. 6. COMPENSATION: (A) The SKOKOMISH shall pay the COUNTY all actual cost (direct and indirect) for requested services; an estimate will be provided by the COUNTY to the SKOKOMISH if requested. (B) The COUNTY shall invoice the SKOKOMISH detailing time and/or materials used by the COUNTY. (C) Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. HOLD HARMLESS AND INDEMNIFICATION: (A)The SKOKOMISH shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses,damages, and judgments of any nature whatsoever, Including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the SKOKOMISH"S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER, that the SKOKOMISH"S obligation there under shall not extend to injury, sickness,death or damage caused by or arising out if the sole negligence of the COUNTY, its officers,officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the SKOKOMISH"S obligations hereunder shall apply only to the percentage of fault attributable to the SKOKOMISH, its employees or agents. (B.) With respect to the SKOKOMISH"S obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against the COUNTY, the SKOKOMISH further agrees to waive its immunity under the State Industrial Insurance Law,Title 51, RCW, for any injury or death suffered by the SKOKOMISH"S employee's caused by or arising out of the SKOKOMISH"S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.)The SKOKOMISH"S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the SKOKOMISH, the SKOKOMISH"S employees, agents or subcontractors. 8. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 9. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, Page 1 state and local laws, rules and regulations in performing this AGREEMENT. 10. NON-DISCRIMINATION POLICY: The COUNTY and the SKOKOMISH agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 11. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this , day of 2019. BOARD OF COUNTY COMMISSIONERS SKOKOMISH INDIAN TRIBE MASON COUNTY,WASHINGTON Kevin Shutty, Chair By ATTEST: Signature Melissa Drewry, Clerk of the Board Title APPROVED AS TO FORM: Tim Whitehead, Ch. DPA Page 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 6, 2019 Agenda Item # 9.5e BRIEFING DATE: April 15, 2019; May 13, 2019; June 3, 2019; July 15, 2019 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Interlocal Agreement— between Mason County, Port of Bremerton & City of Bremerton EXECUTIVE SUMMARY: Mason County and the City of Bremerton executed an Interlocal Agreement to work cooperatively to oversee the initial analysis and feasibility of potential designs for a sewer system extension from the Belfair Water Reclamation Facility. This cooperative work originally envisioned participation from the Port of Bremerton. The Port now wishes to become party to the agreement. A new agreement, that would rescind and replace the current executed agreement between Mason County and the City of Bremerton, has been approved by the City of Bremerton's Council and if approved by Mason County Commissioners, will move forward for approval by the Port of Bremerton's Commission. The agreement remains in effect until December 31, 2022, unless any party terminates by giving ten days written notice to the other party. Cost Impact to the County: This agreement does not financially commit any of the three parties. However, the City of Bremerton has committed funds up to $1,000,000 over three years (2019-2021) for design and other related planning efforts. Mason County received a Commerce grant in the amount of $499,550 for the same. RECOMMENDED OR REQUESTED ACTION: Recommend the Board rescind the interlocal agreement with the City of Bremerton and Mason County entered into January 29, 2018; and authorize the Chair to execute the updated Interlocal Agreement between the Mason County, Port of Bremerton and City of Bremerton related to participation in executive and technical committees providing project design oversight to the Puget Sound Industrial Center Bremerton to Belfair Sewer Connection project. Attachments: Amended Interlocal Agreement Current Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN MASON COUNTY, THE PORT OF BREMERTON, AND THE CITY OF BREMERTON RELATED TO PARTICIPATION IN EXECUTIVE AND TECHNICAL COMMITTEES PROVIDING PROJECT DESIGN OVERSIGHT TO THE PUGET SOUND INDUSTRIAL CENTER— BREMERTON TO BELFAIR SEWER CONNECTION PROJECT THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooper4tion Act, Chapter 39.34 of the Revised Code of Washington, on the day of 2019, by and between the Port of Bremerton (the "Port"), Mason County (the "County"), and the City of Bremerton(the"City") (collectively the"Parties"). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies; and WHEREAS, Mason County owns and operates a water reclamation facility near Belfair, Washington, with available capacity to treat sanitary sewage that may be generated from the currently unserviced area between Belfair and Bremerton, which includes the Puget Sound Industrial Center—Bremerton(PSIC-Bremerton); and WHEREAS, the City of Bremerton is interested in improving the availability of sanitary sewer service within PSIC-Bremerton; and WHERAS, Mason County is interested in providing sanitary sewer service within PSIC- Bremerton and the Belfair UGA; and WHERAS, the Port owns and operates a wastewater collection and treatment system located within PSIC-Bremerton; and WHEREAS, the Parties are interested in improving the availability of sanitary sewer service within-the larger PSIC-Bremerton geographic area; and WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the upcoming Belfair Bypass/SR3 Freight Corridor project appear to provide an opportunity to extend sanitary sewer service to PSIC-Bremerton; and WHEREAS, the State of Washington, through its Department of Commerce, has appropriated $515,000 for the purpose of designing new sanitary sewer transmission facilities to serve PSIC-Bremerton and the Belfair UGA; and WHEREAS, the City, through its Sewer Capital Budget, has committed an additional Page 1 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight r $1,000,000 to be invested into this design and planning effort focused toward the goal of providing improved sewer service to PSIC-Bremerton; and WHEREAS, the City and County have requested the Port participate on the project's Executive Committee and the Technical Committee to ensure robust communication among and between all involved stakeholders; and WHEREAS, the Parties wish to work cooperatively to investigate the feasibility of improved sanitary sewer service to PSIC-Bremerton; and WHEREAS,the City and County executed an interlocal agreement to pursue design of a system extension to serve PSIC-Bremerton on January 29, 2018, and the City and County wish to rescind that agreement and replace it with the present Interlocal Agreement. NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises,THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for the Parties to work cooperatively to oversee the initial analysis and feasibility of potential designs for a sewer system extension from the Belfair Water Reclamation Facility, through participation on the Executive Committee and the Technical Committee. 2. RESCISSION OF PRIOR AGREEMENT: The County and the City hereby rescind and replace with this Agreement the "Interlocal Agreement Between Mason County and the City of Bremerton Related to Engineering Design of Sanitary Sewer Facilities Extension from the Belfair Water Reclamation Facility, Future Sanitary Sewer System Development and Sanitary Sewer Service Provisions Within the Belfair UGA and Puget Sound Industrial Center — Bremerton," which was executed on January 29, 2018. 3. ADMINISTRATION OF AGREEMENT: The CEO of the Port will administer this Agreement for the Port, The Mason County Public Works Director will administer this agreement for Mason County, and the Bremerton Public Works and Utilities Director will administer this Agreement for the City. 4. FUTURE AGREEMENTS: This Interlocal Agreement envisions the possibility of amendments to this Interlocal Agreement which may address future cooperative efforts, should subsequent phases develop; however, nothing in this Agreement shall be construed to bind either party to any future course of action, including but not limited to agreement to utilize the Belfair Water Reclamation Facility, contract with Mason County for such use, or commit any capital investments toward such effort. 5. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of this Agreement by the Port, the City and the County, and shall remain in effect until December 31, Page 2 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight 2022. This Agreement may be extended one or more times by mutual agreement of the Parties, in writing, for a duration no longer than one(1)year. 6. TERMINATION OF AGREEMENT: Any party may withdraw from this Agreement by giving the other parties ten(10) days written notice. The Agreement shall remain in place unless and until two parties withdraw. 7. PORT EMPLOYEES: Port employees pursuant to this Agreement remain employees of the Port at all times and shall perform the work envisioned under sole supervision of the Port. 8. COUNTY EMPLOYEES: County employees pursuant to this agreement remain employees of the County at all times and shall perform the work envisioned under sole supervision of the County. 9. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. 10. REIMBURSEMENT: At the mutual agreement of the Parties, any of the parties may reimburse the other for specifically defined services which constitute a work program or project. 11. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 12. INDEMNIFICATION A. The Port shall defend, indemnify and hold harmless the County and the City, its officials, officers, employees and agents,for all claims,liabilities, damages, expenses,reasonable attorney's fees and suits arising from negligence of the Port and its agents. B. The County shall defend, indemnify and hold harmless the Port and the City, its officials, officers, employees and agents,for all claims, liabilities, damages, expenses,reasonable attorney's fees and suits arising from negligence of the County and its agents. C. The City shall defend, indemnify and hold harmless the Port and the County, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses,reasonable attorney's fees and suits arising from negligence of the City and its agents. D. In cases of concurrent fault of the Parties,the above provisions requiring each party to defend, indemnify and hold harmless the other parry ("indemnification provisions") are valid and enforceable only to the extent of the fault of the respective parties. E. Solely for purposes of the indemnification provisions, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and Page 3 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight acknowledges that this waiver was mutually negotiated by the Parties. F. The indemnification provisions shall survive the expiration or termination of this agreement. 13. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 14. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation or duty herein without the express written consent of the other party. 15. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 16. NOTICES: All notices hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the Port of Bremerton: To Bremerton: Port of Bremerton City of Bremerton Chief Executive Officer Public Works &Utilities Director 8859 S.W. State Hwy 3 345 6t'Street, Suite 100 Bremerton,WA 98312 Bremerton, WA 98337 To Mason County: Public Works Department 100 W Public Works Drive Shelton, WA 98584 Attn: Public Works Director Phone(360)427-9670 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post(including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. Page 4 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight 17. NON-DISCRIMINATION POLICY: The Parties agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap,or other status protected by law. 18. FILING: This document shall be filed with both the Kitsap County Auditor and the Mason County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on each public agency's website. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 20. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Pierce County Superior Court. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. DATED this , day of _ 52019 CITY OF BREMERTON PORT OF BREMERTON BOARD OF COMMISSIONERS Greg eeler, Mayor Larry kes, President Jt '1g I -201c1 Date Cary Bozeman, Vice President el Strakeljahn, Secretary Page 5 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight ATTEST: ATTE ?1"rn1211A 1119' Angela W ods, City Clerk Ginge aye, erl.of the ar Approved as to form: Approved as to form: Am Casey Penc , A istant City Attorney AnMontgomery, Po ttorn BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair Sharon Trask, Vice Chair Randy Neatherlin, Commissioner ATTEST: Melissa Drewry, Clerk of the Board Approved as to form: Tim Whitehead, CH. Deputy Prosecuting Attorney Page 6 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF BREMERTON RELATED TO ENGINEERING DESIGN OF SANITARY SEWER FACILITIES EXTENSION FROM THE BELFAIR WATER RECLAMATION FACILITY, FUTURE SANITARY SEWER SYSTEM DEVELOPMENT AND SANITARY SEWER SERVICE PROVISIONS WITHIN THE BELFAIR UGA AND PUGET SOUND INDUSTRIAL CENTER - BREMERTON THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Co peration Act, Chapter 39.34 of the Revised Code of Washington, on the day of o20/f ,2&7—, by and between Mason County (the "County"), a political subdivision bf the State of Washington, and the City of Bremerton (the "City"), a municipal corporation of the State of Washington(the"Parties"). WHEREAS, Revised Code of Washington ("RCW") Section 39.34.030 authorizes cooperative efforts between public agencies; and WHEREAS, Mason County owns and operates a water reclamation facility near Belfair, Washington, with capacity to treat sanitary sewage that may be generated from the Puget Sound Industrial Center—Bremerton("PSIC-Bremerton"); and WHEREAS,the City of Bremerton is interested in improving the availability of sanitary sewer service within PSIC-Bremerton; and WHERAS, Mason County is interested in providing sanitary sewer service within the Belfair UGA; and WHEREAS, opportunities may exist to utilize a portion of the upcoming Belfair Bypass highway construction project and right of way to locate new sanitary sewer transmission facilities which would serve PSIC-Bremerton and connect to the Belfair Water Reclamation Facility; and WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the upcoming Belfair Bypass project appear to provide an opportunity to provide sanitary sewer service to PSIC-Bremerton with significant cost savings; and WHEREAS,this potential for cost savings has attracted funding expected from the State of Washington, through its Department of Commerce, of$515,000 for the purpose of designing the new sanitary sewer transmission facilities to serve PSIC-Bremerton; and Page 1 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton WHEREAS, the City of Bremerton,through its Sewer Capital Budget, has committed an additional $400,000 in 2018, $400,000 in 2019, and $200,000 in 2020 to be invested into this design effort and other related planning efforts focused toward the goal of providing improved sewer service to PSIC-Bremerton;and WHEREAS, the City of Bremerton and Mason County wish to work cooperatively to provide improved sanitary sewer service to PSIC-Bremerton and within the Belfair UGA; NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises,THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for Mason County and the City of Bremerton to work cooperatively to design new sanitary sewer transmission facilities to serve the PSIC-Bremerton and the Belfair UGA. The purpose of this Agreement also includes working cooperatively to design any improvements to the Belfair Water Reclamation Facility, if improvements are needed to serve the PSIC-Bremerton service area. 2. ADMINISTRATION OF AGREEMENT: The Mason County Public Works Department will administer this Agreement for the County. The Bremerton Public Works Department will administer this Agreement for the City. 3. LEAD ENTITY: The Mason County Public Works Department will be the administrative lead for the project design effort. The City will assign a project manager to work closely with the County's project manager to ensure an efficient communication and decision- making process. 4. NO JOINT PROPERTY: No joint personal or real property will be acquired, held, or disposed of pursuant to this Agreement. 5. APPROVAL PROCESS: All key project policy decisions, design decisions, milestones, and budgets will be agreed upon by both the County and the City. The Public Works Departments of both the County and the City will ensure all appropriate administrative processes for each respective jurisdiction are adhered to. 6. RELATED TASKS: This Agreement envisions additional planning tasks related to funding and grant applications; system governance; future sewer service fee structures and revenue recipients; future maintenance agreements; and coordination among/between private property owners, state and local entities,and elected officials. 7. ADDITIONAL FUTURE AGREEMENTS: As the project moves through the design process and closer to construction, additional interlocal agreements will be necessary and will be developed at the appropriate time. Page 2 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design.,PSIC-Bremerton 8. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of this Agreement by both the County and the City and shall remain in effect until December 31, 2023. 9. TERMINATION OF AGREEMENT: Either the County or the City may terminate this Agreement by giving ten (10)days written notice to the other party. 10. COUNTY EMPLOYEES: County employees pursuant to this Agreement remain employees of the County at all times and shall perform the work envisioned under sole supervision of the County. 11. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. 12. REIMBURSEMENT: At the mutual agreement of the Parties, either party may reimburse the other for specifically defined services which constitute a work program or project. 13. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 14. INDEMNIFICATION: A. The City shall defend, indemnify and hold harmless the County, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the City and its agents. B. The County shall defend, indemnify and hold harmless the City, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the County and its agents. C. In cases of concurrent fault of the City and County,the above provisions requiring each party to defend, indemnify and hold harmless the other party ("Indemnification Provisions")are valid and enforceable only to the extent of the fault of the respective parties. D. Solely for purposes of the indemnification provisions only, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. E. The Indemnification Provisions shall survive the expiration or termination of this Agreement. 15. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. Page 3 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton 16. ASSIGNMENT: The Parties shall not assign this Agreement or any interest,obligation or duty herein without the express written consent of the other party. 17. ATTORNEYS'FEES: In the event of litigation to enforce any of the terms or provisions herein,each party shall pay all its own costs and attorney's fees. 18. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Mason County: To Bremerton: Public Works Department City of Bremerton 100 W Public Works Drive 345 6th Street, Suite 600 Shelton,WA 98584 Bremerton, WA 98337 Attn: Deputy Director/ Attn: City Clerk Utilities and Waste Management Phone: (360)427-9670 Phone: (360)473-5290 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post(including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 19. INSURANCE REQUIREMENT: Each party shall obtain and maintain liability coverage in minimum liability limits of One Million Dollars ($1,000,000)per occurrence and Two Million Dollars ($2,000,000) in the aggregate for general liability, errors and omissions, auto liability, despite when the claim was made. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance company or pool which is sufficient to address the insurance obligations set forth above. 20. NON-DISCRIMINATION POLICY: The County and the City agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical,mental sensory handicap,or other status protected by law. 21. FILING: This Agreement shall be filed with each party's County Auditor pursuant to RCW 39.34 or,alternatively, listed by subject on each party's public web site. Page 4 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton 22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements,written or oral,that have not been set forth in the text of this Agreement. 23. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Pierce County Superior Court. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this ,day of FebruO L\4 2018. CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Gregeeler, May j; +v NcaR?oRATer Randy Neatherlin STATE OF WASHINGTON Q kocT.Is,Igo I 2� �a Date +'!' Ap Ca• Date ATTEST: ATTEST: (IqL), Q"-/ Shannon Corin,City Clerk Melt'skk/Jery,Y1Aof the Board Approved as to form: Approved as to form: Roger A. Lubovich,City Attorney Tim Whiteh a Ch. DPA Page 5 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System resign,PSIG-Bremerton STATE OF WASHINGTON ) ) ss. COUNTY OF MMM )) ON THIS (p- day of re) , 2018, before me, personally appeared �Rr m,, k, J and ,to me known to be the Chp,r. J and of , being one of the municipal corporations that executed the within and foregoing ins ment and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument,and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above Emu lkngtonWRY Nota y c in and for e State of Washington, EXPIRES Residing at7019 My commission e pires O ?E319 STATE OF WASHINGTON ) ) SS. COUNTY OF ki ktd—) ON THIS day of , 2018, before me, personally appeared and ---' , to me known to be the i+- and of ofWly eL , being one of the municilSal corporations that executed the within and oregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument,and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written. ' EState ry F - '4 Notary Public.m* and for the State of ashington, V�11 �nResidingat onl °��'`'�in My commission expiresiss+ot,` `es -17-�._�9 Page 6 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design,PSIC-Bremerton MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: 8/06/2019 Agenda Item # BRIEFING DATE: 7/30/2019 BRIEFING PRESENTED BY: Loretta Swanson, Director [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Authorization to Sign Skokomish Project Partnership Agreement Certifications Background: Mason County, the Skokomish Indian Tribe and the United States Army Corps of Engineers have executed a project partnership agreement to design five ecosystem restoration projects in the Skokomish watershed. In anticipation of completing project design, the partners are preparing for construction and presently reviewing a construction project partnership agreement (PPA). Partners anticipate signing the agreement in September and standard certifications are required as part of executing the construction PPA. (These certifications were also required as part of the current design agreement.) The Army Corps of Engineers requests these certifications be signed and forwarded in advance to ensure timely execution of the construction project partnership agreement. RECOMMENDED ACTION: Move that the Board authorize the following: 1. The Chair to sign the Certification regarding Lobbying 2. The Prosecutor to sign the Certificate of Authority 3. The Support Services Director to sign the Self-Certification of Financial Capability Attachments: Certification Regarding Lobbying Certificate of Authority Self-Certification of Financial Capability 7/31/2019 CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [SIGNATURE OF PPA SIGNATORY] Kevin Shutty Chair,Board of County Commissioners Mason County,Washington DATE: CERTIFICATE OF AUTHORITY I,Michael K. Dorcy,do hereby certify that I am the principal legal officer of Mason County, Washington,that Mason County is a legally constituted non-profit entity incorporated under the applicable laws of the State of Washington, as applicable as a non-profit organization, exempt from paying Federal income taxes under Section 501 of the Internal Revenue Code (26 U.S.C. 501); that Mason County has the full authority and legal capability to perform the terms of the Project Partnership Agreement between the Department of the Army and Mason County in connection with Skokomish River Basin Ecosystem Restoration Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Project Partnership Agreement as required by Section 221 of Public Law 91-611, as amended(42 U.S.C. 1962d-5b); and that the person who executed this Project Partnership Agreement on behalf of Mason County acted within his corporate authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20_ Michael K. Dorcy Prosecutor NON-FEDERAL SPONSOR'S SELF-CERTIFICATION OF FINANCIAL CAPABILITY FOR AGREEMENTS I, Francis M. Pinter, do hereby certify that I am the Chief Financial Officer [OR TITLE OF EQUIVALENT OFFICIAL] of MASON COUNTY(the "Non-Federal Sponsor"); that I am aware of the financial obligations of the Non-Federal Sponsor for the SKOKOMISH RIVER BASIN ECOSYSTEM RESTORATION PROJECT and that the Non-Federal Sponsor has the financial capability to satisfy the Non-Federal Sponsor's obligations under the PROJECT PARTNERSHIP AGREEMENT IN WITNESS WHEREOF, I have made and executed this certification this day of BY: TITLE: Director, Support Services DATE: MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda R1 Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: August 6, 2019 Agenda Item # ,-7 (Commissioner Staff To Complete) Briefing Date: July 22, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on August 27, 203.9 at 6:15 p.m.to consider two rezone requests. BACKGROUND: The Department of Community Services received two rezone requests for adjacent parcels in the Taylor Town Rural Activity Center(RAC): • Rezoning from Rural Industrial (RI)to Rural Residential 2.5(RR2.5) • Rezoning from Rural Residential 2.5(RR2.5)to Rural Industrial (RI) Requests are considered an amendment to the Development Regulations and not a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on August 27, 2019 at 6:3.5 p.m.to consider two rezone requests. ATTACHMENT(S): Notice of Hearing 7/30/2019 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday,August 27, 2019, at 6:15 P.M. SAID HEARING will be to consider adopting the following Development Areas (zoning) amendments: • Parcel # 31907-44-90031 Rezoning from Rural Industrial (RI) to Rural Residential 2.5 (RR2.5) • Parcel # 31907-44-00040 Rezoning from Rural Residential 2.5 (RR2.5) to Rural Industrial (RI) If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 6th day of August 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal -Publish 2x: August 15 &22, 2019 (Bill: Community Development—615 W.Alder, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: PATTI MCLEAN Action Agenda Public Hearing _X_ Other DEPARTMENT: ASSESSOR EXT: 498 COMMISSION MEETING DATE: 8/6/19 Agenda Item # Commissioner staff to com tete BRIEFING DATE: 7/29/19 BRIEFING PRESENTED BY: PATTI MCLEAN & VICKIE KING [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 1. RENAME BARS LINE IN ASSESSOR'S SALARY EXPENSE 2. OUT OF CLASS PAY FOR TOM GIBBONS BACKGROUND: CHANGE BARS LINE 514.24.510100. FROM CHIEF APPRAISER (NON-REPRESENTED) TO APPRAISER ANALYST (TEAMSTERS) AS PER 2019 CONTRACT. PAY TOM GIBBONS OUT-OF-CLASS ANALYST POSITION FOR 2 — 3 MONTHS. RECOMMENDED ACTION: APPROVE BUDGET IMPACTS: NONE FOR THE FIRST REQUEST, 2ND REQUEST IMPACT IS $784.58 PER MONTH MORE TO MR. GIBBONS FOR UP TO 3 MONTHS, WHICH OUR CURRENT BUDGET CAN ABSORB. ATTACHMENT(S): TEAMSTERS SALARY SCHEDULE AND A CHANGE EXISTING JOB CLASS FORM C:\Users\vking\Documents\GroupWise\Commission Agenda Item Summary Template.doc APPENDIX I SALARY St'lli.1)! 'I F Note: Unless otherwise vc,:.:,:j ar-- i increascs shall he granted annually Effective January 1, 2019 --F-am V G , �N Classification Step 1 Ste 2 i Step 3 Step 4 Step 5 Step 6 Appraiser Trainee $3,511.21 599.05 1 $3,689.02 $3,781.25 $3,875.78 $3,972.67 Appraiser 54,071.9 ,17 79 4,278.14 i $4,385.09 $4,494.72 $4,607,08 Senior Appraiser S4722,26 $4,840 32 $4,961.33 $5,085.36 $5,212.49 $5,342.81 ' t Appraiser An , 58.37 5,082 33 $5,209.39 $5,339.63 $5,473.12 $5,609.95 GIS Technician $3,951.27 $4,153.06 $4,256.88 54,363.30 $4,472.39 $4,584.20 'l Effective January i, 21.')20 Classification Step 2 Step 2 Step 3 Step 4 Step 5 Step 6 Appraiser Trainee $3,572.71 $3,662.03 $3.753.58 $3,847.42 $3,943.61 $4,042.20 Appraiser $4,143.25 $4,246.83 $4,353.00 $4,461.83 $4,573.37 $4,687.71 Senior Appraiser $4,804.90 $4,925.02 $5,048.15 $5,174.35 $5,303.71 $5,436.30 Appraiser Analyst $5,045.15 ' $5,171.28 $5,300.56 $5,433.07 S5,568.9C 55,708.12 GIS Technician $4,020 42 ! $1,225.73 54,331.38 $4,439.66 $4,550.65 j$4.fiCA.42 Effective January I, 2021 _ Classification Step 1 Step 2 Step 3 Step 4 Step 5 _Step 6 Appraiser Trainee $3,644.17 $3,735.27 $3,828.b5 $3,924.37 $4,022.48 $4,123.04 Appraiser $4,226.12 $1,331.77 1 $4,4.10.06 $4,551.07 $4,664.84 $4,781.46 Senior Appraiser $4,901-W $5,023.52 $5,149.11 $5,277.84 ; $5,409.79 $5,545.03 Appraiser Analyst 55,146.05 $5,274.70 $5,406.57 ; $5,.541.73 55,680.28 $5,822.28 ! GIS Technician $4,100,83 $4,310.25 $4,418,6 I $4,528-45_1 $4,641.67 $4,757.71 nc H�r�aurin A;rr�mror t':,;a !n lcauutc[s:�:ca;N)252 �pp[nscas:ma htav?:[ 'rrmr; _ill ,4• X ***JOB CLASSES NEED TO BE SET UP/CHANGED PRIOR TO HIRING/CHANGING AN E,',lPLOYEE OR THE'f !f!AY NOT BE PAID 1N a TIMELY MANNER*** 41kFINEW JOB CLASS SET-UP FORM MCHANGE EXISTING JOB CLASS Modify ainactivate db Job Class #: 1107 Job Class Title: Appraiser Analyst / Chief Appraiser Group/BU : 1 Location Assessor `Contact Financial Services if you no"assistance on selecting the correct Base Pay Type : 1 Base Pay Type Eligible for Longevity Yes (if yes,Pay Type 290 flat Amount or Pay Type 295%Add to Base) L&I Risk Code: r 5306-07 (48100 Field,48102 Gericai or#8104 Law Enforcement) Salary Table or Hourly Rate Grade: 4 Rate Min Step: 1 Monthly : Max Step: 6 Special Pays. Deductions or Accruals Department Head or Elected Official Approval: / 2 7/22/2019 Signature Date Commissioner or Budget Manager Approval: Signature Date Human Resources Approval: HR Notes: Signature Date Received by Financial Services. Processed on: By: Financial Services - ext. 201, shannom@co.mason.wa.us Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks & Trails EXT: 806 COMMISSION MEETING DATE: August 6, 2019 Agenda Item # (Commissioner staff to comp1 te)I BRIEFING DATE: July 29, 2019 & June 3, 2019 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 1. Updated Mason County Code, Chapter 2.51 - Special Event Camping Policy for Foothills, Truman Glick and Walker Parks. 2. Update of Mason County Code, Chapter 9.44 - County Owned Real Property including Parks and Property Held in Trust. BACKGROUND: To insure the public health and safety of our community an update is needed of our County Code to regulate the camping and other activities on County owned real property including parks and property held in trust. In the current County Code Chapter 2.51 there is an allowance for Special Permit for overnight camping in Foothills and Truman Glick Parks with a limit of 2 nights. In Resolution 65-05, a special permit for overnight camping is allowed in Walker Park which should be added to Chapter 2.51. The special permits also have several stipulations for health &safety guidelines. Chapter 9.44 originally indicated it was for County Parks and Fairgrounds. This chapter needed to be expanded to include County owned real property, parks and County property held in trust. Since Mason County does not have a fairground that wording will need to be removed. Also added in the draft of Chapter 9.44 is stipulations reference Park Hosts. Chapter 2.51 and Chapter 9.44 were reviewed by both Deputy Prosecutor Tim Whitehead and MCSO Chief Ryan Spurling finding no major concerns on their part. C: Users RIVIcDowell`Desktop Chapter 2.51 &9.=44 Commission Agenda Item Summary 8-6-2019.doc Attachment A BUDGET IMPACTS: None RECOMMENDED ACTION: Recommend BOCC discussion and move forward with a hearing date of August 20, 2019. ATTACHMENT(S): Final draft Chapter 2.51 — Special event camping policy for Foothills Park, Truman Glick Park and Walker Park Final draft Chapter 9.44 — County owned real property, including parks and property held in trust. C: Users'RNfcDowell'Desktop`Chapter 2.51 &9.44 Commission Agenda [tem Summary 8-6-2019.doc RESOLUTION NO. A RESOLUTION AMENDING MASON COUNTY CODE CHAPTER 2.51 - SPECIAL EVENT CAMPING FOR FOOTHILLS PARK, TRUMAN GLICK PARK AND WALKER PARK WHEREAS, Mason County Board of County Commissioners passed Resolution Res. 65-05 — A Special Permit for overnight camping in Walker Park for non-motorized boating around South Puget Sound but it was inadvertently not added to Mason County Code Ordinance 2.51 — Special Event Camping for Foothills Park and Truman Glick Park; WHEREAS, Mason County Parks and Trails Division has recommended to amend Mason County Code Chapter 2.51 to include a special permit for overnight camping in Walker Park and a public hearing was held on August 20, 2019 to consider the code amendment; and NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby adds special permit camping at Walker Park to Mason County Code Chapter 2.51 — see Attachment A. ADOPTED THIS 20th day of August, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM Sharon Trask, Commissioner Timothy Whitehead, Chief DPA Chapter 2.51 - SPECIAL EVENT CAMPING POLICY FOR FOOTHILLS PARK, TRUMAN GLICK PARK AND WALKER PARK 2.51.010 - Purpose. This policy sets forth terms and conditions for the use of Foothills Park and Truman Glick Park for overnight camping in conjunction with a special event or gathering, and Walker Park for non-motorized boating around South Puget Sound overnight camping. (Res. 52-08 Attach. A (part), 2008 and Res. 65-05 Attach. A (part), 2005). 2.51.020 - Termination. This policy shall be effective upon adoption by the board of county commissioners and shall remain in effect unless the board of county commissioners terminates the policy at any time with a motion of the board at any regular or special meeting. (Res. 52-08 Attach. A (part), 2008 and Res. 65-05 Attach. A (part), 2005). 2.51.030 - Policy. It shall be the policy of the Mason County board of county commissioners and Mason County parks and trails department to allow overnight camping at Foothills Park and Truman Glick Park under the following terms and conditions: (1) Camping shall be allowed in the park only via special permit to groups conducting a special event at the park. Camping shall be allowed only during that portion of the year the park is open for day-use. (2) A camping permit does not provide exclusive use of the park, the general public will still have access for the park. (3) An overnight stay permit must be obtained from the parks and trails office in advance of arriving at the park. The group leader or event sponsor must submit a roster with names and addresses of all individuals registered for an overnight stay. (4) All campers must sign a liability waiver. Adult or guardian must sign for children under eighteen. (5) Campers must camp in tents or self-contained camping units only Truman Glick Park and Foothills Park. (6) The maximum number of individuals, tents, or self contained camping units allowed on-site at each park site will be determined on a case by case basis by the parks and trails department staff. (7) There is no electrical service, hookups, or sewer dump service for any camping. (8) Overnight stays shall be limited to two consecutive nights. (9) Fee for camping at Truman Glick and Foothills Park is five dollars per person, per night payable in advance at the parks and trails office. (10) Campers must observe all park rules governing day-use patrons, to include no open fires, alcoholic beverages, no smoking, or firearms. Anyone possessing alcoholic beverages, firearms, smoking or starting an open fire may be asked to leave and/or may be subject to arrest. (11) Disruptive individuals will be asked to leave the park and/or may be subject to arrest. (12) Quiet time at the park shall be nine p.m. through eight a.m. Campers are expected to restrict activities to their tents or self contained camping units and refrain from making noise during that time. (13) Tents shall be placed only in areas approved by the parks and trails staff at Truman Glick Park and Foothills Park. (14) A damage/cleanup deposit may be required depending on the special event. (15) The responsible adult group leader shall ensure that all camp areas are kept clean and in good condition during occupancy, and upon leaving the park, in order to receive a refund of the damage/cleanup deposit. An adult must be present at all times. (16) Campers staying at Mason County parks under an overnight stay permit shall use the facilities at their own risk. Mason County shall not be liable for personal injuries or damages to equipment or personal property. (17) Camping at the park sites will be reserved on a first-come, first-served basis. (18) No commercial use of the park associated with camping is allowed. (19) No amplified sound is allowed during the park quiet time (nine p.m. to eight a.m.) (20) Only smaller two to eight person tents are allowed. No large group tents. (21) Future camping use will be denied for failure to follow rules and regulations. (22) Camping activities at the park sites shall be carried out to minimize the impact to day-use patrons and scheduled use of other park facilities. (Res. 52-08 Attach. A (part), 2008). It shall be the policy of the Mason County board of county commissioners and Mason County Parks and Trails Division to allow overnight camping at Walker Park under the following terms and conditions: (1) Camping shall be allowed only by individuals arriving at Walker Park by water in non-motorized boats, during that portion of the year the Paris is open for day-use. No overnight parking for campers will be allowed at the Paris. (2) An "Overnight Stay Permit" must be obtained from the County/in advance of arriving at the Park. An Overnight Stay Permit will only be issued to a designated responsible group leader who will be on-site during the stay and upon receipt of: a camper roster and liability waivers for each camper. (3) Fee for camping at Walker Park is five dollars per person, per night payable in advance at the Parks and Trails office. (4) A damage/cleanup deposit may be required depending on the special event. (5) The maximum number of individuals on-site at the parr in the overnight camping party shall be fifteen (15), including shore support and visitors. (6) Overnight stays shall be limited to two (2) consecutive nights (7) Campers must observe all Paris rules governing day-use patrons, to include no open fires, alcoholic beverages, or firearms. (8) Quiet time at the Paris shall be 10:00 p.m. Campers are expected to restrict activities to their tents and refrain from making noise after that time. (9) Tents shall be placed only in areas approved by the County, and camping equipment shall not be left unattended. (10) The responsible group leader shall ensure that all camp areas area kept clean and in good condition during occupancy, and upon leaving the Paris in order to receive a refund of the damage/cleanup deposit. (11) Campers staying at Walker Park under an "Overnight Stay Permit" shall use the facilities at their own risk. Mason County shall not be liable for personal injuries or damages to equipment or personal property. (12) Camping activities at the Parr shall be carried out to minimize the impact to day-use patrons and scheduled use of other Paris facilities. (Res. 65-05 Attach. A (part), 2005) i RESOLUTION NO. A RESOLUTION ESTABLISHING A POLICY OF LIMITED DURATION FOR THE USE OF WALKER PARK FOR BOATER CAMPING AND AUTHORIZING THE PARKS, UTILITIES, AND WASTE MANAGEMENT DEPARTMENT TO IMPLEMENT AND ENFORCE THE TERMS OF SUCH POLICY. WHEREAS, Chapter 67.20.010 RCW, provides the authority for Counties to own and operate recreational facilities for public use, and to set forth the regulations, policies, and practices governing such use; and WHEREAS, Mason County owns and operates Walker Park for the enjoyment and use of its residents and visitors; and WHEREAS, Walker Park has been used in the past by boaters who desire a place to camp ovemight on their travels around South Puget Sound; and WHEREAS, the limited use of Walker Park for camping by boaters can be accommodated under special terms and conditions without deleterious affect to the Park facilities and grounds; NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County does hereby establish a "Boater Camping Policy for Walker Park" as set forth in Exhibit A, which supersedes all previous practices and policies pertaining to the use of Walker Park for this purpose. BE IT FURTHER RESOLVED, that the Parks, Utilities, and Waste Management Department, or such department or organization designated by the County with the responsibility for operating and,maintaining park facilities at some point in the future, shall be authorized to develop and administer any processes and procedures necessary to implement the Boater Camping Policy for Walker Park, as set forth in Exhibit A or subsequently amended. Z�ckDATED this day of July 2005. BOARD OF COUNTY COMMISSIONERS 1 ATTEST: Jay r< L. kamint Chairperson 't Sr >.. � ,� Rebecca S. Rog , C1erk ; he Board �' C t`v�.Cjd'= i f 4 y da Ring Ed k 'on, Commissioner ROYED AS TO FORM: Tim Sheldon, Commissioner Michael Clift, Chi4f DPA I EXHIBIT A Boater Camping Policy for Walker Park Purpose: This Policy sets forth the terms and conditions for the use of Walker Park for overnight camping by boaters. Termination: This Policy shall be effective upon adoption by the Board of County Commissioners and shall remain in effect until December 31,2008,provided that the Board of County Commissioners may terminate it at any time prior to this date upon an approval of a motion of the Board at any Regular of Special Meeting. Policy: It shall be the policy of the Mason County Board of County Commissioners to allow overnight camping at Walker Park under the following terms and conditions: 1) Camping shall be allowed only by individuals arriving at Walker Park by water in non-motorized boats, during that portion of the year the Park is open for day-use. No overnight parking for campers will be allowed at the Park. 2) An"Overnight Stay Permit"must be obtained from the County in advance of arriving at the Park. An Overnight Stay Permit will only be issued to a designated responsible group leader who will be on-site during the stay and upon receipt of: a camper roster and liability waivers for each earn er,damage deposit, and 3) The maximum number of individuals on-site at the park in the overnight camping party shall be fifteen(15), including shore support and visitors. 4) Overnight stays shall be limited to two (2) consecutive nights. 5) Campers must observe all Park rules governing day-use patrons,to include no open fires, alcoholic beverages,or firearms. 6) Quiet time at the Park shall be 10:00 p.m. Campers are expected to restrict activities to their tents and refrain from making noise after that time. 7) Tents shall be placed only in areas approved by the County, and camping equipment shall not be left unattended. 8) The responsible group leader shall ensure that all camp areas area kept clean and in good condition during occupancy, and upon leaving the Park, in order to receive refund of the camping deposit. 9) Campers staying at Walker Park under an"Overnight Stay Permit"shall use the facilities at their own risk. Mason County shall not be liable for personal injuries or damages to equipment or personal property. 10) Camping activities at the Park shall be carried out to minimize the impact to day- use patrons and scheduled use of other Park facilities. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 91-06, REVISING MASON COUNTY CODE CHAPTER 9.44 - COUNTY OWNED REAL PROPERTY INCLUDING PARKS AND PROPERTY HELD IN TRUST WHEREAS, Mason County Board of County Commissioners adopted Ordinance 91-06 "County Parks and Fairgrounds", that set the rules and regulations for those properties. With the termination of the Fairgrounds this ordinance needed to be revised to exclude the Fairgrounds and to include Mason County owned real property and Mason County property held in trust; and WHEREAS, Mason County Parks and Trails Division has withdrawn the "Fairgrounds" references from Ordinance 9.44 and added Mason County owned real property and Mason County property held in trust throughout all of the sections of Ordinance 9.44 ; and WHEREAS, Additional stipulations have been added for the Park Host residing in the parks to address alcohol and tobacco free zones: and WHEREAS, Additional hours of operation provisions were added for the Mason County owned real property and Mason County property held in trust; and WHEREAS, a public hearing was held on August 20, 2019 to consider the code amendments; and NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby accepts the revisions to Mason County Code Chapter 9.44 and change the chapter name to "County Owned Real Property Including Parks and Property Held in Trust' which reflect the changes made, Attachment A. ADOPTED THIS 20`h day of August, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM Sharon Trask, Commissioner Timothy Whitehead, Chief DPA Chapter 9.44-COUNTY OWNED REAL PROPERTY, INCLUDING PARKS AND PROPERTY HELD IN TRUST Sections: 9.44.010-Speed of motor vehicles. No person shall drive a motor vehicle within any county park,on owned real property, or property held in trust at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property or wildlife: (1) Provided, however, that in no event shall a vehicle be driven at a speed greater than ten miles per hour in a park, county owned real property or property held in trust,or areas of general public assemblage,or in parking lots; (2)And, provided further,that it shall be a misdemeanor to operate any motor vehicle in any planted area. (Ord.91-06 Att. B(part), 2006). 9.44.020-Parking of motor vehicles,trailers,etc. (a) No operator of any automobile,trailer, camper or other vehicle, shall park such vehicle in any county park, county owned real property, or property held in trust,except where the operator is using the area for a designated recreational purpose and the vehicle is parked in a designated parking area, or in another area with the permission of the manager or park supervisor. (b)No person shall park, leave standing or abandon a vehicle in any county park, county owned real property, or property held in trust overnight or in a"No Parking' zone, except with permission from a County Manager/Director or Park supervisor. (c)Any unauthorized vehicle found parked in violation of subsections(a)or(b)of this section may be towed away at the owner's or operator's expense. (Ord.91-06 Att. B(part), 2006). 9.44.030-Consumption of alcoholic beverages. Opening, possessing alcoholic beverage in an open container,or consuming any alcoholic beverages in any county park, on county owned real property,or property held in trust shall be prohibited except in the following designated areas and under the following circumstances: (1) In any buildings leased or rented or in a designated signed area,wherein the lessee has obtained and displays the proper permits from the Washington State Liquor Control Board. (2)Park Hosts are permitted to possess and consume alcoholic beverages inside their recreational vehicle or residence. (Ord. 91-06 Att. B(part), 2006). 9.44.040-Intoxication in county parks,county owned real property or property held in trust. Being or remaining in, or loitering about in any county park area, on any county owned real property, or property held in trust while in a state of intoxication shall be prohibited. (1) Park Hosts shall not be intoxicated while performing their Park Host duties. (Ord. 91-06 Att. B(part), 2006). 9.44.041 -Tobacco Free zone in county parks, owned real property,or property held in trust. All county property, including county parks, county owned real property or property held in trust, shall be designated tobacco free areas. County property does not include: (1) Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2)County roads; (3)Any person passing by or through county property while on a public sidewalk or public right-of-way has not intentionally violated this chapter. (4) Park Host owned recreational vehicle. (Ord. 91-06 Att. B(part), 2006). 9.44.042-No tobacco sales,advertising,sampling or sponsorship. (a)The sale of tobacco products or tobacco related merchandise is prohibited on county-owned or leased property or during county sponsored events. (b)Advertising tobacco products is prohibited on county-owned or leased property or during county sponsored events. (c)Sampling (free distribution)of tobacco products or tobacco related merchandise is prohibited on county-owned or leased property or during county sponsored events. (d)Tobacco sponsorship(compensation or promotional items) is prohibited on county-owned or leased property or during county sponsored events. (Ord. 91-06 Att. B(part), 2006). 9.44.050–Parks,county owned real property operation and property held in trust periods. The county shall establish for each county park areas,according to existing conditions, times and periods when it will be open (usually dawn)or closed(usually dusk) to the public. Such times and periods shall be posted at the entrance to the area affected and at the facility office. No person shall enter or be present in a county park area after closing time except with specific permission of the park manager, or a county parks employee. County owned real property and property held in trust shall be closed before and after normal business hours, on weekends and holiday while County operations are closed. (Ord. 91-06 Att. B(part), 2006). 9.44.060-Fireworks—Restricted. (a) No person shall possess, discharge, set off or cause to be discharged, in or into any county parks area, county owned real property,or property held in trust,any firecrackers,torpedoes, rockets,fireworks, explosives or substance harmful to the life or safety of persons or property. (b) Provided, however, that fireworks may be permitted as a part of a professionally conducted display by competent, licensed, bonded pyro technicians, subject to the approval of the local fire district and the county fire marshal. (Ord. 91-06 Att. B(part), 2006). 9.44.070- Rubbish—Deposit in parks,county owned real property or property held in trust—Prohibited. (a) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish, in a county park area, on county owned real property, or on property held in trust except in a garbage can or other receptacle designed for such purpose. (b)No person shall deposit any household or commercial garbage, refuse,waste or rubbish,which is brought as such from any private property, in any county park area,county owned real property, or property held in trust garbage can designed for such purpose. (Ord.91-06 Att. B(part), 2006). 9.44.080-Sanitation. No person shall, in any county park area,on county owned real property or property held in trust: (1)Drain or dump refuse or waste from any trailer, camper,automobile or other vehicle, except in designated disposal areas or receptacles; (2)Clean fish or other food, or wash any clothing or other article for personal household use or any dog or other animal, except at designated areas; (3)Clean or wash any automobile or other vehicle; (4)Pollute,or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human or animal bodily waste,the soil, any stream, river, lake or other body of water running in, or adjacent to, any county park area, county owned real property, or property held in trust. (Ord.91-06 Att. B(part), 2006). 9.44.090-Firearms and/or other weapons. No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park area, on county owned real property or property held in trust, nor shall any person discharge or propel across, in or into any county park area, county owned real property, or property held in trust,a firearm, bow and arrow,spear, spear gun, harpoon or air or gas weapon,or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the county for good cause has authorized a special recreational activity upon finding that it is not inconsistent with county parks, county owned real property, or property held in trust use. (Ord. 91-06 Att. B(part), 2006). 9.44.100- Dogs on leashes—Horses. (a)No person shall bring a dog into any county park, county owned real property,or property held in trust unless the dog is controlled by means of a hand-held leash no longer than six feet.The dog must not be tied and abandoned, but must be at all times under the personal control of the person bringing it to the county parks, county owned real property, or property held in trust. Provided,however,with the exception of service animals(dogs)for the handicapped. (b)Provided further, no person shall bring a horse into county park areas, county owned real property,or property held in trust except those areas specifically developed and posted for horse use. Provided, however,with the exception of service animals(miniature horse)for the handicapped. (Ord.91-06 Att. B(part), 2006). 9.44.110-Violation—Penalties. (a)All county employees shall be encouraged to help educate the public about the tobacco free zone policies in this chapter by reminding violators not to use tobacco products on the property and by adding the guidelines to all use agreements and event publications.Violators,who refuse to comply with the tobacco free zone policies, may be asked to leave the county park, county owned real property,or property held in trust area. (b) In addition to the penalty provided in any other existing or future ordinance of the county,failure to comply with this chapter,or any other rule or regulation of the county parks, county owned real property, property held in trust or with any other federal, state,or local law, rule, regulation applicable under the circumstances, shall subject the person so failing to comply to ejection from any county park area, county owned real property, or property held in trust shall be guilty of a misdemeanor trespassing in the second degree(RCW 9A.52.080). (Ord.91-06 Att. B(part), 2006). 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 20, 2019 at 9:15 A.M. SAID HEARING will be to take public comment on revision of Mason County Code Ordinance Chapter 2.51 — Special Event Camping Policy For Foothills Park, Truman Glick Park and Walker Park and Ordinance Chapter 9.44 — County Owned Real Property, Including Parks and Property Held in Trust. If there are questions about the proposed amendments, please contact Ross McDowell, Parks and Trails Manager at 427-9670, Ext 806. If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 6 day of August, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 1 t: (Bill: Parks&Trails Division, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Patricia Grover, Mason County Noxious Action Agenda _X Weed Control Board Public Hearing Other DEPARTMENT: WSU Extension-Mason County EXT: 592 Noxious Weed Control Board COMMISSION MEETING DATE: August 6, 2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: July 29, 2019 BRIEFING PRESENTED BY: Patricia Grover, Mason County Noxious Weed Control Board [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Contract #K2827 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board for a project to control invasive knotweed within the riparian corridors of Mason County, performance period July 1, 2019 — June 30, 2021. Background: Contract amount $15,000. 2019 $8,000 (to be included in.31 quarter supplemental appropriations), 2020 $7,000. To meet the 2019 contract obligations it will require that the noxious weed coordinator increase hours from 30 to 40 per week for the period of August 1, through October 31, 2019. RECOMMENDED ACTION: Recommend that the board approves and signs Contract #K2827 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board. Attachment(s): - Contract K2827 - Attachment A, Plan of Work - Attachment B, Budget - Attachment C, Permission to Enter Private Land and Waiver of Liability 7/30/2019 Contract Number: K2827 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious Weed Control Board. IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent, Mason County Noxious Weed Control Board, funding for a project to control invasive knotweed species within the riparian corridors of Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A"which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Regardless of the date of signature and subject to its other provisions, this Agreement shall begin on July 1, 2019 and end on June 30, 2021, unless terminated sooner or extended by WSDA as provided herein through a properly executed amendment. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $15,000.00. Only reasonable costs identified in Attachment "A", incurred directly related to the Mason County Knotweed Control and Eradication Program, will be reimbursed to Mason County under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set forth in accordance with the budget in Attachment "B"which is attached hereto and incorporated herein. Projects in riparian habitats will begin at the farthest upstream infestation and continue downstream. This funding may not be used downstream of a landowner that has not given written permission for entry and treatment (Attachment C). Any deviation requires prior written permission from WSDA. BILLING PROCEDURE Mason County shall submit properly completed invoices quarterly to the WSDA Agreement administrator. Reference WSDA Contract Number K2827 on all invoices. Payment to Mason Page 1 of 6 Contract Number: K2827 County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed invoice. If Contractor does not have an invoice template to request payment, Contractor can request a copy of a Certified State Invoice Voucher (Form A-19) from WSDA. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. In no case can this be more than 10 days past the end of the biennium. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: a. Terminate this Agreement with 10 days advance notice. If this Agreement is 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. b. Renegotiate the terms of the Agreement under those new funding limitations and conditions. c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables. Or, d. Pursue such other alternative as the parties mutually agree to writing. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent Page 2 of 6 Contract Number: K2827 with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SUBCONTRACTING "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. Except as otherwise provided in the Agreement, the Contractor shall not subcontract any of the contracted services without the prior approval of the Agency. The Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge Contractor from its obligations under this Agreement. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee Page 3 of 6 Contract Number: K2827 authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County in the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent, Mason County Noxious Weed Control Board, as it could pursue in the event of a breach of the Agreement by Mason County or its agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and conditions contained within this Contract; c. Plan of Work (Attachment A); d. Budget (Attachment B); Page 4 of 6 Contract Number: K2827 e. Permission to Enter Private Land and Waiver of Liability (Attachment C); and f. Any other provisions of the Agreement, including material incorporated by reference. ASSIGNMENT Mason County and its agent, Mason County Noxious Weed Control Board, are responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. In no event shall the existence of any subcontract operate to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed Control Board, to WSDA for any breach in the performance of Mason County and its agent Mason County Noxious Weed Control Board's duties. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Page 5 of 6 Contract Number: K2827 CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Jonathan Still, Knotweed Coordinator Washington State Dept. of Agriculture Plant Protection Division PO Box 42560 Olympia, Washington 98504-2560 (360) 280-6363 jstill@agr.wa.gov The Agreement administrator for Mason County is: Patricia Grover, Coordinator Mason County Noxious Weed Control Board 303 N. 4th Street Shelton, Washington 98584 (360) 427-9670 ext. 592 Fax: (360) 427-7264 patriciag(a co.mason.wa.us All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT. OF AGRICULTURE By: By: Title: Title.- Date: itle:Date: Date. Page 6 of 6 Contract Number: K2827 ATTACHMENT A Plan of Work Mason County and its agent Mason County Noxious Weed Control Board Project for Knotweed Control July 1, 2019 to June 30, 2021 County Knotweed Control Criteria: Mason County through its agent, Mason County Noxious Weed Control Board, will conduct control work on knotweed infestations located within the riparian corridors of Mason County. The control of any knotweed species not located in a riparian corridor requires written permission from the WSDA knotweed coordinator prior to any treatments or work completed. Treatment of these areas will utilize funding allotted by the state legislature for control of knotweed species during the 2020-2021 state fiscal biennium. Control shall include field survey directly associated with areas to be treated. Minimum work specifications: workers will be hired or contracted to treat knotweed infestations known or discovered in the area identified above. Mason County knotweed control employees or contractors will use an integrated weed management approach, in conjunction with the best management practice for the control of invasive knotweed species. Projects in riparian habitats will begin at the farthest upstream infestation and continue downstream. This funding may not be used downstream of a landowner that has not given written permission for entry and treatment (Attachment C). Funding stops where permission stops. All control methods will be employed consistent with the laws, rules and regulations of Washington State, Mason County, the Noxious Emergent Plant Management Environmental Impact Statement(EIS) first published in November 1993, and all subsequent amendments to the EIS. Mason County, or subcontractors to Mason County, must enter into a contract with WSDA under which Mason County, or subcontractors to Mason County, act as limited agents to carry out noxious and quarantine weed control for WSDA under the "Aquatic Noxious Weed Control National Pollutant Discharge Elimination System Waste Discharge General Permit" (NPDES permit) prior to the performance of any activity pursuant to this Agreement that discharges herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times allowed under provisions of the NPDES permit and must comply with conditions specified in such permit. The crew will work closely with the county noxious weed coordinator and the WSDA Knotweed Control Coordinator, and be active in the field from July 1, 2019 to June 30, 2021, as allowed by the variable growth season of knotweed and any required preparation or conclusion times. Work will only take place on property for which the Mason County Noxious Weed Control Board has obtained prior written permission for entry and treatment, utilizing the permission form provided by WSDA (Attachment C) or any applicable permission form approved by WSDA, from the landowner or tenant. Mason County Noxious Weed Control Board will also provide access to these properties for the WSDA Knotweed Control Coordinator. Changes made to any permission form must be approved by WSDA prior to the performance of any work on that property undertaken under terms of this Agreement. Page 1 of 2 Contract Number: K2827 Work Crew and Work Hours: The knotweed control crew will work or be under contract with the county noxious weed control board during the specified period, dedicating their time to controlling knotweed in the project area. The control crew will have one crew leader who will be responsible for coordinating the crew's work, and who will maintain ongoing contact with the county noxious weed coordinator and the WSDA Knotweed Control Coordinator. Equipment: The knotweed control crew will use all available tools for control, including manual controls and herbicide applications, to control knotweed infestations in Mason County. The control crew may use equipment provided by other agencies, provided the county noxious weed coordinator and the WSDA Knotweed Control Coordinator agree to the usage of the equipment and materials. Program Needs Provided by WSDA: WSDA may furnish the knotweed control crew with herbicide, public information fliers, public notification signs, and other equipment as the WSDA Knotweed Control Coordinator deems necessary. All unexpended items remain the property of WSDA. Expenditures: The funds provided for the county knotweed control crew will primarily go towards salaries and benefits, travel, supplies and equipment expenses for the crewmembers. All supplies furnished by WSDA will be used in Washington State and under the supervision of county personnel. An inventory list will be furnished to WSDA upon request. Items such as computer programs, models, food and beverage, or other costs not specified in this document will not be reimbursed unless the expenditure is specifically authorized in advance in writing by WSDA. Coordination: The Mason County Knotweed Control Program will be coordinated with state, local and private control efforts. Deliverables: The county noxious weed coordinator will submit a written report to the WSDA Agreement administrator, documenting the work conducted in Mason County, as follows: A season ending report is due December 1, 2019 and December 1, 2020, which will include the following: date(s) of control activities, map of project area(s), the type of control conducted, difficulties encountered, solid acres of knotweed treated, acres of knotweed protected, number of river miles worked, number of landowners assisted, and photo documentation of selected sites, including before and after treatment photos. The county noxious weed coordinator will supply WSDA with all geographic information system data that is generated as a result of this Agreement. Final payment under this Agreement will not be made until the season ending report is accepted by WSDA. These deliverables are separate from and in addition to any reporting requirements associated with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit coverage. Page 2 of 2 Contract Number: K2827 ATTACHMENT B Budget Mason County and its agent Mason County Noxious Weed Control Board Knotweed Control Project July 1, 2019 to June 30, 2021 Total payment to Mason County and its agent Mason County Noxious Weed Control Board will not exceed $15,000.00 in fiscal biennium 2019 (i.e., July 1, 2019 through June 30, 2021). 1. Salaries and benefits............. .........................................................................$12,800.00 2. Supplies, equipment, and travel..........................................................................$1,560.00 3. Indirect (can not exceed 5% of salaries and benefits) ...........................................$640.00 TOTAL: ......................................................................................................$15,000.00 Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accounting Manual, Chapter 10, Section 90. Page 1 of 1 Contract Number: K2827 ATTACHMENT C Permission to Enter Private Land and Waiver of Liability Mason County and its agent Mason County Noxious Weed Control Board Project for Knotweed Control PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING. This Permission to Enter Private Land and Waiver of Liability is made between the Mason County Noxious Weed Control Board, hereafter referred to as "the Board," and hereafter referred to individually or collectively as"the property owner(s)." INTRODUCTION 1. The control and eradication of noxious weeds on public and private lands is in the public interest and the presence of invasive knotweeds(Polygonum spp.)on private lands threatens wildlife habitat and provides a source for renewed infestation of other private and public lands. Effective eradication of knotweeds requires concerted effort on both public and private lands to protect our natural resources. 2. The Board and its agents desire to perform activities to eradicate and/or control knotweed on public and private lands within Mason County. These activities are authorized and carried out under one or more of the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW. 3. The property owner(s)is/are the sole owner of property located at in Mason County, Washington, hereafter referred to as"the property." 4. The property owner(s) is/are interested in and benefited by the eradication and/or control of knotweed on the property. 5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication and/or control of knotweed on the property. AGREEMENT 1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to the Board and its agents, contractors, cooperators and employees to enter onto the property from July 1, 2019 to December 31, 2023 to perform activities to eradicate and/or control knotweed on the property. The property owner(s) acknowledge and agree that these activities may include the application of herbicide to the property. The property owner(s) also grant permission to agents, contractors, cooperators and employees of the Washington State University and/or the Washington State Department of Agriculture to enter onto the property from July 1, 2019 to December 31, 2023 for the purpose of monitoring and evaluating the success of knotweed eradication and/or control activities. 2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are permitted to enter the property on all of the above dates and until December 31, 2023, or until this permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by Contract Number: K2827 presenting a written letter of revocation to the Board. The revocation is effective five (5) business days after receipt by the Board. 3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control knotweed. The property owner(s) expressly agree to hold harmless the Board, the Washington Department of Agriculture(WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and employees of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended consequence of activities properly performed to eradicate and/or control knotweed. The Board and its agents, contractors, cooperators and employees agree to waive any claim of liability against the landowner for any injury, damage, or harm which is not the consequence of the landowner's negligence. As to any other act or omission of either party under this agreement, each party shall be responsible for its own acts or omissions and those of its officers, employees and agents under this agreement. No party to this agreement shall be responsible to the other for the acts or omissions of entities or individuals not a party to this agreement. 4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire agreement between the parties with regard to the matters set forth herein. 5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and interpreted according to the laws of the State of Washington. BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE. Property Owner(s)/Legal Representative: Property Owner(s)Mailing Address: Street City County Zip Telephone Number(s): (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of authorized representative, Signature of authorized representative, Date Mason County Noxious Weed Control Board Mason County Noxious Weed Control Board Contact information for the Mason County Noxious Weed Control Board: Patricia Grover,(360)427-9670 ext.592 303 N.4th Street Shelton,WA 98584 MASON COUNTY ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Casey Bingham DEPARTMENT: Public Health EXT: 562 BRIEFING DATE: �I L IL q PREVIOUS BRIEFING DATES: / If this is a follow-up briefing, please provide only new information ITEM: Consolidated Contract CLH18253 Amendment 9 Adds Statement of Work for: 1. Office of Immunization and child Profile-Perinatal Hepatitis B Adds $500 to Ongoing program 2. Promotion of Immunizations: Increases the funding for the program by 5,600. 3. On-Site Septic Implementation: Increase the funding by 60,000 for 7/1/2019 to 12/31/2020 4. Recreational Shellfish: Added 3,200 to Continue the Recreational Shellfish Program. BUDGET IMPACTS: This increasing Amendment provides an increase of $34,650 of funding for 2019. This funding was anticipated and budgeted RECOMMENDED OR REQUESTED ACTION: Move Amendment 9 CLH18253 Consolidated Contract to the Action Agenda. Briefmg Summary 7/31/2019 MASON COUNTY PUBLIC HEALTH 2018—2020 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH18253 AMENDMENT NUMBER: 9 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as "DOH",and MASON COUNTY PUBLIC HEALTH hereinafter referred to as"LHP",pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work, attached and incorporated by this reference, are amended as follows: ® Adds Statements of Work for the following programs: • Office of Immunization&Child Profile-Perinatal Hepatitis B-Effective July 1,2019 • OICP-Promotion of Immunizations to Improve Vaccination Rates-Effective July 1,2019 • OSS LMP Implementation-Effective July 1,2019 • Recreational Shellfish Activities-Effective July 1,2019 ® Amends Statements of Work for the following programs: ❑ Deletes Statements of Work for the following programs: 2. Exhibit B-9 Allocations,attached and incorporated by this reference,amends and replaces Exhibit B-8 Allocations as follows: ® Increase of6S 9,600 for a revised maximum consideration of$805,771. ❑ Decrease of for a revised maximum consideration of ❑ No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C-8 Schedule of Federal Awards, attached and incorporated by this reference, amends and replaces Exhibit C-7. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. MASON COUNTY PUBLIC HEALTH STATE OF WASHINGTON DEPARTMENT OF HEALTH Date Date APPROVED AS TO FORM ONLY Assistant Attorney General Page 1 of 11 AMENDMENT#9 2018-2020 CONSOLIDATED CONTRACT EXHIBIT A STATEMENTS OF WORK TABLE OF CONTENTS DOH Program Name or Title: Office of Immunization&Child Profile-Perinatal Hepatitis B -Effective July 1,2019 ...................................................................3 DOH Program Name or Title: OICP-Promotion of Immunizations to Improve Vaccination Rates -Effective July 1,2019 ............................................................5 DOH Program Name or Title: OSS LMP Implementation-Effective July 1,2019...........................................................................................................................7 DOH Program Name or Title: Recreational Shellfish Activities -Effective July 1, 2019................................................................................................................ 10 Exhibit A,Statements of Work Page 2 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Office of Immunization&Child Profile-Perinatal Local Health Jurisdiction Name: Mason County Public Health Hepatitis B-Effective July 1,2019 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment N Federal Subrecipient (check if applicable) Reimbursement Period of Performance: July 1,2019 through June 30,2020 ❑ State N FFATA(Transparency Act) ❑Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to define required Perinatal Hepatitis B activities,deliverables,and funding Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Consideration Increase Code Code (+) Start Date End Date FFY20 PPHF Ops 93.268 333.93.26 74310296 07/01/19 06/30/20 0 500 500 TOTALS 1 0 500 500 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information Number Standards/Measures Frame and/or Amount 1 1. In coordination with hospitals,health care Enter information for each case By the last day of Reimbursement for providers,and health plans(if applicable), identified into the Perinatal each month actual costs incurred,not conduct activities to prevent perinatal hepatitis Hepatitis B module of the to exceed total funding B infection in accordance with the Perinatal Washington Immunization consideration amount. Hepatitis B Prevention Program Guidelines, Information System including the following: • Identification of hepatitis B surface antigen(HBsAG)-positive pregnant women and pregnant women with unknown HBsAg status. • Reporting of HBsAg-positive women and their infants. • Case management for infants born to HBsAg-positive women to ensure administration of hepatitis B immune globulin(HBIG)and hepatitis B vaccine within 12 hours of birth,the completion of Exhibit A, Statements of Work Page 3 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 Task Taslz/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information Number Standards/Measures Frame and/or Amount the 3-dose hepatitis B vaccine series,and post vaccination serologic testing. 2. Provide technical assistance to birthing hospitals to encourage administration of the hepatitis B birth dose to all newborns within 12 hours of birth,in accordance with Advisory Committee on Immunization Practices(ACIP) recommendations. 3. Report all perinatal hepatitis B investigations, including HBsAg-positive infants,in the Perinatal Hepatitis B Module of the Washington State Immunization Information System. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: htti)://www.phaboard.org/wp-content/uploads/PHAB-Standards-and-Measures-Version-I.O.ndf Proeram Specific Req uirements/Narrative Tasks in this statement of work may not be subcontracted without prior written approval from DOH OICP. Special Requirements Federal Fundine Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending.go by DOH as required by P.L. 109-282. DOH Contract Manager Tawney Harper,MPA Deputy Director I Operations Manager Office of Immunization and Child Profile Department of Health PO Box 47843,Olympia WA 98504-7843 tawney.harpera,doh.wa.gov,360-236-3525 Exhibit A,Statements of Work Page 4 of I 1 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: OICP-Promotion of Immunizations to Improve Local Health Jurisdiction Name: Mason County Public Health Vaccination Rates-Effective July 1,2019 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment ®Federal Subrecipient (check if applicable) 19 Reimbursement Period of Performance: July 1,2019 through June 30,2020 ❑ State ®FFATA(Transparency Act) ❑Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to contract with local health to conduct activities to improve immunization coverage rates. Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FFY20 VFC Ops 93.268 333.93.26 74310292 07/01/19 06/30/20 0 5,600 5,600 TOTALS 0 5,600 5,600 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount 1 Develop a proposal to improve immunization Written proposal and a report that August 1,2019 Reimbursement for coverage rates for a target population by increasing shows starting immunization rates actual costs incurred, promotion activities and collaborating with for the target population not to exceed total community partners. The proposal must meet funding consideration guidelines outlined in the Local Health Jurisdiction amount. Funding Opporhanity,Promotion of Immunizations to Increase Vaccination Rates announcement. See Restrictions on Funds below. 2 Upon approval of proposal,implement the plan to Written report describing the November 30,2019 increase immunization coverage rates with the progress made on reaching target population identified. milestones for activities identified March 31,2020 in the plan(template will be rovided 3 Perform data collection necessary to enable a Final written report,including a June 15,2020 comparison of immunization rates from the start of report showing ending the project. immunization rates for the target population(template will be provided) Exhibit A, Statements of Work Page 5 of 1 I Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http//www.phaboard.orgLW-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Program Specific Requirements/Narrative Tasks in this statement of work may not be subcontracted without prior written approval from DOH OICP. Special Requirements Federal Fundine Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS(V)number. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.) Allowable Uses of Federal Operations Funds document(dated 12/20/2017)is posted on the DOH Consolidated Contract website at this link. These federal funds may not be used for expenses related to travel or attendance at any non-DOH sponsored conference,training,or event without prior written approval from the DOH Office of Immunization and Child Profile. DOH Program Contacts Tawney Harper,MPA Misty Ellis,Project Manager Deputy Director I Operations Manager CDC Public Health Advisor Office of Immunization and Child Profile Office of Immunization and Child Profile Department of Health Department of Health PO Box 47843,Olympia WA 98504-7843 PO Box 47843,Olympia WA 98504-7843 tawney.harper_,doh.wa. og_v,360-236-3525 misty.ellisAdoh.wa.gov,360-236-3675 Exhibit A,Statements of Work Page 6 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 Exhibit A Statement of Work Contract Term: 2018-20207 DOH Program Name or Title: OSS LMP Implementation-Effective July 1,2019 Local Health Jurisdiction Name: Mason County Public Health Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T +pe of Payment ❑Federal<Select One> (check if applicable) ®Reimbursement Period of Performance: July 1,2019 through December 31,2020 ® State ❑FFATA(Transparency Act) ❑Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to fund implementation of the on-site sewage system(OSS)local manamgenet plan(LMP). Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date Wastewater Management-GFS N/A 334.04.93 26701100 07/01/19 06/30/20 0 30,000 30,000 Wastewater Management-GFS N/A 334.04.93 26701100 07/01/20 12/31/20 0 30,000 30,000 TOTALS 0 60,000 60,000 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 1 Administration Meet reporting requirements and Report Due Date: $5,000 LHJ will participate in all grant-related meetings attend DOH-sponsored meetings January 15,2020 and conference calls sponsored by DOH. Final June 15,2020 report will be submitted including documents used December 31,2020 or produced for grant activities. Task is ongoing throughout the ro'ect eriod. 2 On-Site Education Educational Presentations Attended by greater than 10,000 Report Due Date: $25,000 2A. Mason County Public Health(MCPH)staff people. January 15,2020 will host a booth the first full weekend in October June 15,2020 for Oysterfest. December 31,2020 2B.Modify and print maintenance manuals to be Task is ongoing throughout handed out to all new system owners,hand out at the project period. educational presentations and are available to professional providers to give to their customers. Exhibit A, Statements of Work Page 7 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT O Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 3B.Twenty-five(25)$200 rebates for pumping or maintenance or$200 rebates for retro-fitting tanks with risers and/or effluent filter.Each resident would be able to qualify for two(2)rebates 3 Operation and Maintenance(O&M) Track contacts and increase in Report Due Date: $15,000 Notification to Homeowners maintenance.Progress will be January 15,2020 3A.Follow up on unsatisfactory maintenance reported on the report form. June 15,2020 reports and complaints(75 unsatisfactory reports December 31,2020 and 20 complaints per month). Task is ongoing throughout the project period. 4 O&M Database Management Progress will be reported on the Report Due Date: $10,000 4A.Continue truthing and creating record drawings report form. January 15,2020 June 15,2020 4B.Maintenance of the O&M database. December 31,2020 Task is ongoing throughout the project period. 5 Enhance GIS On-site Sewage Data Layer Mapping data as outlined in the Report Due Date: $5,000 LHJ will continue to develop and update on-site "Marine Recovery Area(MRA) January 15,2020 sewage system(OSS)and O&M data to enhance OSS Data Reporting Requirement' June 15,2020 the Geographic Information Systems(GIS)OSS form. December 31,2020 Layer. Work will be done by GIS staff. Task is ongoing throughout the project period. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: hqp://www.phaboard.org/n-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Program Specific Reauirements/Narrative Restrictions on Funds(what funds can be used for which activities,not direct payments,etc) These funds can NOT be used for local match to federal grants. Special References(RCWs,WACs,etc) WAC 246-272A and RCW 70.118A State fiords from the Aquatic Lands Enhancement Account must be used to implement elements and activities of the local on-site sewage management plans that do not conflict with and are consistent with the goals,strategies,objectives,and actions of the Puget Sound Action Agenda. Exhibit A, Statements of Work Page 8 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 Definitions Failure: A condition of an on-site sewage system or component that threatens the public health by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and the public.Examples of failure include: (a)Sewage on the surface of the ground;(b)Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;(c)Sewage leaking from a sewage tank or collection system;(d)Cesspools or seepage pits where evidence of ground water or surface water quality degradation exists;(e)Inadequately treated effluent contaminating ground water or surface water;or(f)Noncompliance with standards stipulated on the permit. Maintenance and Monitoring: The actions necessary to keep the on-site sewage system components functioning as designed.Periodic or continuous checking of an on-site sewage system,which is performed by observations and measurements,to determine if the system is functioning as intended and if system maintenance is needed.Monitoring also includes maintaining accurate records that document monitoring activities. Special Billing Requirements Billing Information 1. Billings are submitted on an A19-IA form,which is provided by DOH. 2. A19-1A forms maybe submitted monthly and must be submitted bi-monthly at minimum. Special Instructions Semiannual progress reports,including marine recovery area(MRA)mapping data,are due to DOH via email to heidi.kuvkendall(iDdoh.wa.gov and randal.freebvna.doh.wa.gov. Progress Report Due Dates: January 15,2020,June 15,2020,and December 31,2020. The report format will be provided by DOH and may be modified throughout the contract period via email announcement. DOH Program Contact: Heidi Kuykendall,Office of Environmental Health and Safety,PO Box 47824,Olympia WA 98504-7824;360-236-3396; he idi.kuvkendal l@doh.wa.gov DOH Fiscal Contact: Kristy Warner,Environmental Public Health,PO Box 47820,Olympia WA 98504-7820,360-236-3742,kristy.warneraa.doh.wa. ov Exhibit A, Statements of Work Page 9 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Recreational Shellfish Activities- Local Health Jurisdiction Name: Mason County Public Health Effective July 1,2019 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment ElFederal<Select One> (check if applicable) Reimbursement Period of Performance: July 1,2019 through June 30,2020 ® State ❑ FFATA(Transparency Act) ❑Fixed Price ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide funds for shellfish harvesting safety. Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date Rec. Shellfish/Biotoxin N/A 334.04.93 26402600 07/01/19 06/30/20 0 3,500 3,500 TOTALS 0 3,500 3,500 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 1 Biotoxin Monitoring Submit report on DOH approved Email Report to DOH by: $3,200 • Collect samples on schedule according to format of activities for the year, February 17,2020 Department of Health(DOH)Biotoxin including the number and names Monitoring Plan,coordinate deviations from the of beaches posted for (See Special Instructions schedule with DOH,notify DOH in advance if classification. below.) samples cannot be collected. • Post/remove recreational shellfish warning and /or classification signs on beaches and restock cages as needed. • This may also include recruiting,training,and coordination of volunteers,and fuel reimbursement funds for volunteer biotoxin monitoring. 2 Outreach Submit report including the Email Report to DOH by: $300 • Staff educational booths at local events. number of events staffed,and February 17,2020 • Distribute safe shellfish harvesting information. amount of educational materials distributed. (See Special Instructions below. Exhibit A,Statements of Work Page 10 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 AMENDMENT#9 *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: hn://www.phaboard.orgLM-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Pro¢ram Specific Reguirements/Narrative Program Manual,Handbook,Policy References Department of Health's Biotoxin Monitoring Plan Special References(RCWs,WACs,etc) Chapter 246-280 WAC ht!p://www.doh.wa.v,ov/CommunityandEDVi onment/Shellfish/Recreational Shellfish h__ttn://www.doh.wa.gov/AboutUs/ProgramsandService s/EnvironmentaIPublicHealth/EnvironmentalHealthandSafety/ShellfishProgramBio toxins Special Instructions Report for work done the previous year must be submitted via email to Liz Maier by February 17,2020. The report format will be provided by DOH and may be modified throughout the period of performance via email announcement. DOH Program Contact: Liz Maier,Office of Environmental Health and Safety,PO Box 47824,Olympia WA 98504-7824;360.236.3308; liz.maierAdoh.wa.p-ov DOH Fiscal Contact: Heidi Kuykendall,Office of Environmental Health and Safety,PO Box 47824,Olympia,WA 98504-7824;360.236.3396,heidi.kuykendalladoh.wa.go_v Exhibit A, Statements of Work Page 11 of 11 Contract Number CLH18253-9 Revised as of May 15,2019 EXHIBIT B-9 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2020 Date: May 15,2019 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total NEP 5-6 Onsite Sewage Management OOJ88801 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 10/01/14 08/31/19 $10,904 $85,330 $85,330 NEP 5-6 Onsite Sewage Management OOJ88801 N/A,Amd 8 66.123 333.66.12 01/01/18 06/30/19 10/01/14 08/31/19 $74,426 PS SSI 1-5 OSS Task 4 01J18001 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 ($13,337) $86,541 $86,541 PS SSI 1-5 OSS Task 4 01J18001 N/A,Amd 8 .66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 $99,878 FFY17 EPR PREP BPI LHJ Funding NU90TP921889-01 Amd 2 93.069 333.93.06 01/01/18 06/30/18 07/01/17 07/02/18 $9,062 $28,979 $28,979 FFY17 EPR PHEP BPI LHJ Funding NU90TP921889-01 N/A 93.069 333.93.06 01/01/18 06/30/18 07/01/17 07/02/18 $19,917 FFY18 EPR PHEP BPI Supp LHJ Funding NU90TP921889-01 Amd 5 93.069 333.93.06 07/01/18 06/30/19` 07/01/18 06/30/19 $888 $49,341 $49,341 FFY18 EPR PHEP BPI Supp LHJ Funding NU90TP921889-01 Amd 4 93.069 333.93.06 07/01/18 06/30/19 07/01/18 06/30/19 $48,453 FFY18 Prescription Drug OD-Supp NIJ17CE002734 Amd 8 93.136 333.93.13 09/01/18 08/31/19 09/01/18 08/31/19 $35,000 $110,000 $173,027 FFY18 Prescription Drug OD-Supp NU17CE002734 Amd 4 93.136 333.93.13 09/01/18 08/31/19 09/01/18 08/31/19 $75,000 FFY17 Prescription Drug OD-Supp U17CE002734 Amd 2 93.136 333.93.13 01/01/18 08/31/18 09/01/17 08/31/18 $29,627 $63,027 FFY17 Prescription Drug OD-Supp U17CE002734 N/A 93.136 333.93.13 01/01/18 08/31/18 •09/01/17 08/31/18 $33,400 FFY17 Increasing Immunization Rates NH23IP000762 Amd 3,4 93.268 333.93.26 07/01/18 06/30/19 07/01/18 06/30/19 $5,600 $5,600 $5,600 FFY20 PPHF Ops NH231P922619 Amd 9 93.268 333.93.26 07/01/19 06/30/20 07/01/19 06/30/20 $500 $500 $1,000 FFY17 PPHF Ops NH231P000762 Amd 3,4 93.268 333.93.26 07/01/18 06/30/19 07/01/18 06/30/19 $500 $500 FFY17317Ops 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $1,423 $1,423 $1,423 FFY17 AFIX 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $4,293 $4,293 $4,293 FFY20 VFC Ops NH231P922619 Amd 9 93.268 333.93.26 07/01/19 06/30/20 07/01/19 06/30/20 $5,600 $5,600 $7,828 FFY17 VFC Ops 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $2,228 $2,228 FFY19 MCHBG LHJ Contracts B04MC32578 Amd4 93.994 333.93.99 10/01/18 09/30/19 10/01/18 09/30/19 $67,694 $67,694 $123,809 FFY18 MCHBG LHJ Contracts B04MC31524 Amd 2 93.994 333.93.99 01/01/18 09/30/18 10/01/17 09/30/18 $5,344 $56,115 FFYI8 MCHBG LHJ Contracts B04MC31524 N/A 93.994 333.93.99 01/01/18 09/30/18 10/01/17 09/30/18 $50,771 FY2 Group B Programs for DW(FO-SW) Amd 3 N/A 334.04.90 07/01/18 06/30/19 07/01/17 06/30/19 $5,000 $5,000 $5,000 GFS-Group B(FO-SW) N/A N/A 334.04.90 01/01/18 06/30/18 07/01/17 06/30/19 $2,500 $2,500 $2,500 SFY2 Lead Environments of Children Amd 4 N/A 334.04.93 07/01/18 06/30/19 07/01/18 06/30/19 $1,500 $1,500 $4,500 SFYI Lead Environments of Children Amd 2 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 $3,000 SFYI Lead Environments of Children Amd 1 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 Page 1 of 2 EXHIBIT B-9 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2020 Date: May 15,2019 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total Rec Shellfish/Biotoxin Amd 9 N/A 334.04.93 07/01/19 06/30/20 07/01/19 06/30/21 $3,500 $3,500 $11,000 Rec Shellfish/Biotoxin N/A N/A 334.04.93 01/01/18 06/30/19 07/01/17 06/30/19 $7,500 $7,500 Wastewater Management-CFS Amd 9 N/A 334.04.93 07/01/20 12/31/20 07/01/19 06/30/21 $30,000 $30,000 $120,000 Wastewater Management-GFS Amd 9 N/A 334.04.93 07/01/19 06/30/20 07/01/19 06/30/21 $30,000 $30,000 Wastewater Management-GFS Amd 5 N/A 334.04.93 07/01/18 06/30/19 07/01/17 06/30/19 $43,274 $43,274 Wastewater Management-GFS Amd 5 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/19 ($43,274) $16,726 Wastewater Management-GFS N/A,Amd 5 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/19 $60,000 FPHS Funding for LHJs Dir Amd 3 N/A 336.04.25 07/01/18 06/30/19 07/01/17 06/30/19 $42,000 $42,000 $42,000 YR 20 SRF-Local Asst(15%)(FS)-SS Amd 3 N/A 346.26.64 01/01/18 12/31/18 07/01/17 12/31/18 ($12,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-SS N/A,Amd 3 N/A 346.26.64 01/01/18 12/31/18 07/01/17 12/31/18 $12,000 YR 21 SRF-Local Asst(15%)(FS)SS Amd 7 N/A 346.26.64 01/01/18 12/31/19 07/01/17 12/31/19 $800 $24,800 $24,800 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 6 N/A 346.26.64 01/01/18 12/31/19 07/01/17 12/31/19 $12,000 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 3,6 N/A 346.26.64 01/01/18 12/31/19 07/01/17 12/31/19 $12,000 Sanitary Survey Fees(FO-SW)-SS State Amd 7 N/A 346.26.65 01/01/18 12/31/19 07/01/17 12/31/19 $800 $24,800 $24,800 Sanitary Survey Fees(FO-SW)-SS State Amd 6 N/A 346.26.65 01/01/18 12/31/19 07/01/17 12/31/19 $12,000 Sanitary Survey Fees(FO-SW)-SS State N/A,Amd 3,6 N/A 346.26.65 01/01/18 12/31/19 07/01/17 12/31/19 $12,000 YR 20 SRF-Local Asst(15%)(FS)-TA Amd 3 N/A 346.26.66 01/01/18 12/31/18 07/01/17 12/31/18 ($2,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-TA N/A,Amd 3 N/A 346.26.66 01/01/18 12/31/18 07/01/17 12/31/18 $2,000 YR 21 SRF-Local Asst(15%)(FS)-TA Amd 6 N/A 346.26.66 01/01/18 12/31/19' 07/01/17 12/31/19 $2,000 $4,000 $4,000 YR 21 SRF-Local Asst(15%)(FS)-TA Amd 3,6 N/A 346.26.66 01/01/18 12/31/19 07/01/17 12/31/19 $2,000 TOTAL $805,771 $805,771 Total consideration: $736,171 GRAND TOTAL $805,771 $69,600 GRAND TOTAL $805,771 Total Fed $567,171 Total State $238,600 *Catalog of Federal Domestic Assistance **Federal revenue codes begin with"333". State revenue codes begin with"334". Page 2 of 2 Exhibit C-8 Schedule of Federal Awards AMENDMENT O Date:May 15,2019 MASON COUNTY HEALTH SERVICESSWV0001893-04 CONTRACT CLI-118253-Mason County Public Health CONTRACT PERIOD: 0110112018-1213112020 DOH Total Amt Allocation Period Chart of Accounts Program Title BARS Federal Federal Start End Contract Amt CFDA CFDA Program Title Federal Agency Name Federal Award Federal Grant Award Name Award Date Award Date Date Identification Number Puget Sound Action Agenda: PS 5511-5 OSS TASK 4 333.66.12 08102/16 $5,000,000 01/01118 06/30/19 $86,541 66.123 Technical Investigations and Environmental Protection Agency 01JI8001 PUGET SOUND SHELLFISH Implementation Assistance Region 10 STRATEGIC INITIATIVE LEAD Program Puget Sound Action Agenda: NEP 5-6 ONSITE SEWAGE MANAGEMENT 333.66.12 01/09/11 $2,490,OD0 01/01118 06/30/19 $85,330 66.123 Technical Investigations and Environmental Protection Agency Implementation Assistance Region 10 ODJ88801 PUGET SOUND RESTORATION PROJECT Program Department of Health and Human HOSPITAL PREPAREDNESS FFY18 EPR PHEP BPI SUPP LHJ FUNDING 333.93.06 08/01/18 $11,062,782 07/01/18 06/30/19 $49,341 93.069 Public Health Emergency Services Centers for Disease Control NU90TP921889-01 PROGRAM AND PUBLIC HEALTH Preparedness EMERGENCY PREPAREDNESS and Prevention COOPERATIVE AGREEMENT Public Health Emergency Department of Health and Human HPP AND PREP COOPERATIVE FFY17 EPR PHEP BPI LHJ FUNDING 333.93.06 07118/17 $11,062,782 01/01/18 06/30/18 $28,979 93.069 preparedness Services Centers for Disease Control NU90TP921889-01 AGREEMENT and Prevention Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY18 PRESCRIPTION DRUG OD-SUPP 333.93.13 05/31/17 $6,223,623 09/01/18 08/31/19 $110,000 93.136 Research and State and Services Centers for Disease Control U17CE002734 FOR STATES Community Based Programs and Prevention Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY17 PRESCRIPTION DRUG OD-SUPP 333.93.13 03/16/16 $4,031,632 01/01/18 08/31/16 $63,027 93.136 Research and Stale and Services Centers for Disease Control U17CE002734 FOR STATES Community Based Programs and Prevention Department of Health and Human Immunization Cooperative IMMUNIZATION GRANT AND FFY20 VFC OPS 333.93.26 07/01/19 $9,234,835 07/01/19 06/30/20 $5,600 93.268 Agreements Services Canters for Disease Control NH231P922619 VACCINES FOR CHILDREN PROGRAM and Prevention Department of Health and Human FFY20 PPHF OPS 333.93.26 07/01/19 $9,234,835 07/01119 06/30/20 $500 93.268 Immunization Cooperative Services Centers for Disease Control NH231P922619 IMMUNIZATION GRANT AND Agreements and Prevention VACCINES FOR CHILDREN PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 VFC OPS 333.93.26 03/03/17 $1,201,605 01/01/18 06/30/18 $2,228 93.268 Agreements Services Centers for Disease Control 5NH231POOD762-05-00 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 PPHF OPS 333.93.26 06/29/18 E3,634,512 07/01/16 06/30/19 $500 93.268 Agreements Services Centers for Disease Control NH231PO00762 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 INCREASING IMMUNIZATION RATES 333.93.26 06/29/16 E1,722,443 07/01/18 06/30/19 $5,600 93.268 Agreements Services Centers for Disease Control NH231P000762 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 AFIX 333.93.26 03/03/17 $1,672,289 01/01/18 06/30/18 $4,293 93.268 Agreements Services Centers for Disease Control 5NH231P000762-05-00 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 317 OPS 333.93.26 03/03/17 $575,969 01/01118 06!30/18 $1,423 93.268 Agreements Services Centers for Disease Control 5NH231P00D762-05-00 VACCINES FOR CHILDREN'S and Prevention PROGRAM Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY19 MCHBG LHJ CONTRACTS 333.93.99 11174/18 E2,225,977 10/01/18 09/30/19 $67,694 93.994 Block Grant to the States Services Health Resources and B04MC32578 SERVICES BLOCK GRANT Services Administration Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY18 MCHBG LHJ CONTRACTS 333.93.99 10120/17 $1,650,528 01/01/18 09/30118 $56,115 93.994 Block Grant to the Stales Services Health Resources and B04MC31524 SERVICES Services Administration Page 1 of 2 Exhibit C-8 Schedule of Federal Awards AMENDMENT O Date:May 15,2019 MASON COUNTY HEALTH SERVICESSWV0001893-04 CONTRACT CLI18253-Mason County Public Health CONTRACT PERIOD: 01/01/2018-12/31/2020 DOH Total Amt Allocation Period Chart of Accounts Program Title BARS Federal Federal Start End Contract Amt CFDA CFDA Program Title Federal Agency Name Federal Award Federal Grant Award Name Award Date Award Date Date Identification Number TOTAL $567,171 Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: _530 COMMISSION MEETING DATE: 08/06/2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 7/8/19 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Hearing to consider the sale of Parcel No. 61902-50-00003 on W. Salmonberry Drive, Elma in the amount of$5,000. BACKGROUND: This parcel is Tax Title and was deeded to Mason County on February 22, 2017. 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. 2019 Assessed Value: $15,940 Current offer: $5,000 Other amounts due: As of July 3, 2019, the back taxes owed are $1687.82 Original Listing Price: $5,000 RECOMMENDED ACTION: Approval to sell Parcel No. 61902-50-00003 on W. Salmonberry Drive, Elma to Joshua Petersen and Elizabeth Higgins in the amount of $5,000. ATTACHMENT(S): Purchase and sale agreement Resolution IAProperty Mng\Property Offers&Negotiations\61902-50-00003-Salmonberry Dr\Hearing.doc Authentislgnto:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: June 27,2019 MLS No.: 1409957 Offer Expiration Date: 7/10/2019 2. Buyer: Joshua N Petersen Elizabeth M Higgins A married couple Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 619025000003 130 W Salmonberry Drive Elma Mason WA 98541 Address city County State Zip 5. Purchase Price:$5,000.00 Five Thousand Dollars 6. Earnest Money:$ 500.00 Gra Check; ❑ Note; ❑Other (held by❑Selling Firm; 56 Closing Agent) 7. Default:(check only one)Gd Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Co 9. Closing Agent: Mason County Escrow Co Colleen Reamer Company Individual(optional) 10. Closing Date: 8/9/2019 Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: 66 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, 66 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; I is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:❑must be subdivided before : Gd is not required to be subdivided 15. Feasibility Contingency Expiration Date: 66 21 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: GA Buyer; ❑Seller; ❑both parties; ❑neither party Listing Broker represents: ❑Seller; 4 both parties 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22K(Utilities) 22LA(Land/Acreage) Authenfi, 06/27/2019 Date Seller's Signature Date 06/27/2019 Ivni,65"Por Date Seller's Signature Date 3612 Friday Ave Buyers Address Seller's Address Everett Wa 98201 City,State,Zip City,State,Zip 913-735-6748 (360)427-9670 Phone No. Fax No. Phone No. Fax No. joshupetersen@gmail.com Buyers E-mail Address Sellers E-mail Address Richard Beckman Realty Group 4537 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Nick Opolsky 1506 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)701-9943 (360)426-1645 (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. mail@RichardBeckman.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address nick@richardbeckman.com richard@richardbeckman.com Selling Brokers E-mail Address Listing Brokers E-mail Address 13182 9628 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other parry or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 21 If either parry fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other parry, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Eamest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 q7oq1lia Agent shall close the tion on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 �fl 06/27/2019 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m.on the Possession Date.Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Service that published it and to its members, financing institutions, appraisers,and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 �I 1 holiday as defined in C 1.16.050, the specified period of time shall expire on the next day that is not a 117 y Sunday or legal ho' ny specified period of 5 days or less, except for any time period relating to the 118 06/27/2019 06127/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 in. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision, as identified in Specific Term No. 7, shall apply: 135 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents. All 166 parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any actioon� by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 173 06/27/201906/27/2019 Buyer's Initials Date Buyer's Initials Initials Date Seller's Initials Date Sellers Initials Date AuthentisignID:F2549085.9A5B-4359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property;any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowners, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 CV' 06/27/2019 06/27/2019 Buyers Initials Date Buyer'sem Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-0359-AE85-B7AF2CC43412 Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2117 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 130 W Salmonberry Drive Elma WA 98541 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 66 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. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑cable; ❑ electricity; ❑other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 [if] 06/27/2019 N 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2117 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association) within days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2) years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. 6J 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 0 Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none; if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 Lie] 06/27/2019 Ffl 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authendsign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 22EF SIQ9 xI&lal ©Copyright 2017 Evidence of Funds Addendum br Grow- Northwest Multiple Listing Service Rev. EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED 1 o Page 1 of 1 TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 130 W Salmonberry Drive Elma WA 98541 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 5 days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF SOURCES OF CONTINGENT FUNDS. Buyer is relying on the following Contingent Funds 22 for the Purchase Price: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds(describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Paragraph 3 are 35 not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 36 Agreement. 37 lip] 06/27/2019 Efl 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085.9A5BA359-AE85-B7AF2CC43412 Form 22K ©Copyright 2014 Identification of Utilities Addendum Northwest Multiple Listing Service Rev.5/14 IDENTIFICATION OF UTILITIES ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins ("Buyer") 2 Buyer - Buyer and Mason County ("Seller") 3 Seller Seller concerning 130 W Salmonberry Drive Elma WA 98541 (the"Property'). 4 Address city State Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 6 providing service to the Property and having lien rights are as follows: 7 WATER DISTRICT: Ripplewood Water System 8 Name 9 Address Elma Wa 98541 10 City,State,Zip Fax. No. SEWER DISTRICT: 11 Name 12 Address 13 City,State,Zip Fax. No. IRRIGATION DISTRICT: 14 Name 15 Address 16 City,State,Zip Fax. No. GARBAGE: Mason County Garbage 17 Name 81 E Wilburs Way 18 Address Shelton Wa 98584 19 CPy State,Zip Fax.No. ELECTRICITY: 11D#3 20 Name 307 W Cota St 21 Address Shelton,Wa 98584 22 City,State,Zip Fax.No. GAS: 23 Name 24 Address 25 City,State,Zip Fax. No. SPECIAL DISTRICT(S): 26 (local improvement districts or Name utility local improvement districts) 27 Address 28 City,State,Zip Fax. No. If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 Vv Insure payment of, Seller's ut'' y cbarges. 36 06/27/2019 Em—* 06/27/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date AuthentisignTo:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 22 L&A &&11x1 ©Copyright 2010 Land&Acreage Addendum br BfOl _ Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 4 LAND AND ACREAGE ADDENDUM The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 130 W Salmonberry Drive Elma WA 98541 (the"Property"). 4 Address City State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections, tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by professionals certified by the Department of Ecology for items such as bacteria and 21 nitrates, and a generally accepted method for determining water quantity produced by a well is to have a test 22 conducted by experts to determine gallons per minute. Buyer understands that the results of such tests only 23 provide information regarding water quality or quantity at the time of the test(s) and provide no representation 24 or guarantee that results will not change or vary at other times. 25 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 26 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 27 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 28 to be paid if the use classification is changed or withdrawn at Closing or in the future. 29 f. A generally accepted method for determining the value of timber growing on the Property is to have a 30 qualified forester or forest products expert"cruise"the Property and give a written valuation. 31 g. If there is an on-site sewage system on the Property and the system has not been recently used, Buyer 32 should consider conducting a purge test and other inspections to determine whether there are any defects in 33 the system. 34 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 35 title to the Property is transferred. 36 11-PPI ` 06/27/2019 N 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085.9A5B-4359-AE85-B7AF2CC43412 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 37 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 38 The work to be performed shall be timely ordered by the party responsible for payment, except for the 39 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 40 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 41 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 42 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 43 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 44 the applicable contingency period, then the respective contingency shall be deemed waived. 45 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 46 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 47 fails to close as a consequence of a Seller's breach, the costs of the following shall be borne by the Seller: 48 Paid Paid Contingency period 49 by by (10 days if not filled in) 50 Buyer Seller ❑ ❑ I. Survey. Completion of survey to verify information days 51 regarding the Property as listed in 1(b). 52 m ❑ ii. Perc Test. Perc or similar test indicating that the 21 days 53 Property is suitable for installation of conventional 54 septic system and drainfield. If the sale fails to close, 55 the party who paid for the perc test shall fill in holes at 56 their expense within two weeks of the date the 57 transaction is terminated. Earnest Money shall not be 58 refunded to Buyer until perc holes are filled in if this is 59 Buyer's responsibility. 60 ❑ ❑ iii. On-Site Sewage System.The system to be pumped days 61 and inspected by a qualified professional to determine 62 that the system is readily accepting effluent and the 63 system has no apparent defects. (If VA Financing is 64 used, Lender may require certification of system.) 65 ❑ ❑ iv. Water Quality.Water quality and/or purity tests days 66 showing water meets the approval standards of the 67 Department of Ecology and the standards of the 68 governing county. Water quality tests to be performed 69 by a qualified professional. 70 ❑ ❑ v. Water Quantity.Water quantity tests(4 hour draw days 71 down test or other test selected by Buyer)showing a 72 sustained flow of g. p. m.,which Buyer 73 agrees will be adequate to reasonably meet Buyer's 74 needs.Water quantity test to be performed by a 75 qualified professional. 76 ❑ ❑ vi. Timber.Timber cruise conducted by a qualified forest days 77 products expert of Buyer's choice,with results of the 78 cruise to be satisfactory to Buyer in Buyer's sole 79 discretion. 80 V` 06/27/2019 N 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 3 of LAND AND ACREAGE ADDENDUM Continued 3. ADDITIONAL PROVISIONS (check as applicable) 81 56 Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 82 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 83 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 84 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 85 the condition and capacity of irrigation pumps, system and wells, the adequacy of water rights for the Property, 86 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 87 area on the Property, the number and location of approved road approaches from public roads, and the 88 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 89 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 90 any investigations, Buyer shall not interfere with any existing tenants'operations on the Property. 91 This feasibility study contingency shall conclusively be deemed waived unless within (10 days if 92 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 93 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 94 ❑ Irrigation and Water Seller warrants that there are shares of irrigation water rights 95 and shares of frost water rights applicable to the Property, all of which will be 96 transferred to Buyer at Closing. 97 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 98 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 99 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 100 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 101 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 102 extent delegated to and assumed by Buyer hereunder. 103 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 104 before . A party shall conclusively be deemed to have waived this contingency unless 105 notice in conformance with this Agreement is provided to the other party by the foregoing date. 106 ❑ Crops. Unless otherwise agreed in writing Seller has the right to harvest all growing crops in the ordinary 107 course of business until the possession date. 108 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 109 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 110 and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; ❑ corrals and 111 pens; ❑ gates and fences; ❑ chutes; ❑other: 112 The value assigned to the personal property included in the sale shall be $ 113 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 114 ❑ CRP Program. Buyer must assume all Conservation Reserve Program contracts and agree to continue them 115 through the expiration date of each such contract. All documentation for the assumption will be completed at 116 closing and must be approved by Farm Service Agency of the USDA prior to Closing. Any Conservation 117 Reserve Program payments shall be prorated as of Closing. 118 Pel06/27/2019 n^# 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B4359-AE85-B7AF2CC43412 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 119 documents within (20 days if not filled in) of mutual acceptance: 120 121 122 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 123 not filled in) of receipt of the above documents or the date that the above documents are due, then this 124 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 125 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 126 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 127 of the Property recommends further evaluation of the Property, Buyer shall have an additional 128 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 129 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 130 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 131 additional inspections, the applicable contingency period shall be replaced by the additional period specified 132 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 133 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 134 the Agreement. 135 6. TAX DESIGNATION. 136 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 137 ❑farm and agricultural ❑ timberland under Chapter 84.34 RCW. 138 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 139 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 140 and penalties assessed by the county assessor when the Property is removed from its classification shall 141 be paid by ❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares (Seller if no box is checked). 142 ❑ c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 143 of classification continuance at or before the time of Closing. The notice of classification continuance shall 144 be attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a 145 notice of classification continuance, the county assessor must reassess the Property's taxable value and 146 retroactively impose additional taxes, applicable interest, and penalties,which Buyer shall pay. 147 7. ON-SITE SEWAGE SYSTEM — MAINTENANCE RECORDS. If there is an on-site sewage system on the 148 Property, Seller shall deliver to Buyer the maintenance records, if available, of the on-site sewage system serving 149 the Property within days (10 days if not filled in) of mutual acceptance. 150 r0p] 06/27/2019 P1 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 THE LAW OF REAL ESTATE AGENCY This pamphlet describes your legal dealing t< Please Id it carefully y� before signing any documents. 7 The following is only a brief summary of the attached law. Cel 06/27/2019 SEC. 1. Definitions. Defines the specific terms used in the law. /yj 06/27/2019 SEC. 2. Relationships between Brokers and the Public. Prescribes that a broker w o works with a buyer or tenant represents that buyer or tenant—unless the broker is the listing agent, a seller's subagent, a dual agent, the seller personally or the parties agree otherwise. Also prescribes that in a transaction involving two different brokers licensed to the same real estate firm, the firm's designated broker and any managing broker responsible for the supervision of both brokers, are dual agents and each broker solely represents his or her client—unless the parties agree in writing that both brokers are dual agents. SEC. 3. Duties of a Broker Generally. Prescribes the duties that are owed by all brokers, regardless of who the broker represents. Requires disclosure of the broker's agency relationship in a specific transaction. SEC. 4. Duties of a Seller's Agent. Prescribes the additional duties of a broker representing the seller or landlord only. SEC. 5. Duties of a Buyer's Agent. Prescribes the additional duties of a broker representing the buyer or tenant only. SEC. 6. Duties of a Dual Agent. Prescribes the additional duties of a broker representing both parties in the same transaction, and requires the written consent of both parties to the broker acting as a dual agent. SEC. 7. Duration of Agency Relationship. Describes when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship. SEC. 8. Compensation. Allows real estate firms to share compensation with cooperating real estate firms.States that payment of compensation does not necessarily establish an agency relationship. Allows brokers to receive compensation from more than one party in a transaction with the parties' consent. SEC. 9. Vicarious Liability. Eliminates the liability of a party for the conduct of the party's agent or subagent, unless the principal participated in or benefited from the conduct or the agent or subagent is insolvent. Also limits the liability of a broker for the conduct of a subagent. SEC. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge of the principal. SEC. 11. Interpretation. This law establishes statutory duties which replace common law fiduciary duties owed by an agent to a principal. SEC. 12. Short Sale. Prescribes an additional duty of a firm representing the seller of owner-occupied real property in a short sale. Authentisign ID:F2549085-9A5B4359-AE85-B7AF2CC43412 SECTION 1: (e) The principal personally would not be obligated to disclose to the other party. DEFINITIONS. (8) "Dual agent" means a broker who has entered Unless the context clearly requires otherwise, the into an agency relationship with both the buyer and definitions in this section apply throughout this chapter. seller in the same transaction. (1) 'Agency relationship" means the agency (9) "Material fact" means information that relationship created under this chapter or by written substantially adversely affects the value of the agreement between a real estate firm and a buyer property or a party's abilityto perform its obligations and/or seller relating to the performance of real in a real estate transaction,or operates to materially estate brokerage services. impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any (2) 'Agent" means a broker who has entered into an agency relationship with a buyer or seller. neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, (3) "Broker" means broker, managing broker, and assault or other violent crime, robbery or burglary, designated broker,collectively,as defined in chapter illegal drug activity, gang-related activity, political 18.85 RCW, unless the context requires the terms to or religious activity, or other act, occurrence, or use be considered separately. not adversely affecting the physical condition of or title to the property is not a material fact. (4) "Business opportunity' means and includes a business, business opportunity, and goodwill of (10) "Owner-occupied real property" means real an existing business, or any one or combination property consisting solely of a single-family thereof when the transaction or business includes residence, a residential condominium unit, or a an interest in real property. residential cooperative unit that is the principal residence of the borrower. (5) "Buyer" means an actual or prospective purchaser in a real estate transaction, or an actual (11) "Principal" means a buyer or a seller who has entered into an agency relationship with a broker. or prospective tenant in a real estate rental or lease transaction, as applicable. (12) "Real estate brokerage services" means the (6) "Buyer's agent" means a broker who has entereds requing of red ed underices for hick a real RCW. estate license into an agency relationship with only the buyer in a real estate transaction, and includes sub-agents (13) "Real estate firm" or "firm" have the same engaged by a buyer's agent. meaning as defined in chapter 18.85 RCW. (7) "Confidential information"means information from (14) "Real estate transaction" or"transaction" means or concerning a principal of a broker that: an actual or prospective transaction involving a (a)Was acquired by the broker during the course purchase, sale, option, or exchange of any interest in of an agency relationship with the principal; real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter,a (b) The principal reasonably expects to be kept prospective transaction does not exist until a written confidential; offer has been signed by at least one of the parties. (c) The principal has not disclosed or authorized (15)"Seller"meansanactual or prospective seller in a real to be disclosed to third parties; estate transaction, or an actual or prospective landlord in a real estate rental or lease transaction, as applicable. (d)Would, if disclosed, operate to the detriment of the principal; and (16)"Seller's agent"means a broker who has entered PAGE 2 Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 into an agency relationship with only the seller in shall solely represent the party with whom the a real estate transaction, and includes subagents broker has an agency relationship, unless all parties engaged by a seller's agent. agree in writing that the broker is a dual agent. (17) "Subagent" means a broker who is engaged to (3) A broker may work with a party in separate act on behalf of a principal by the principal's agent transactions pursuant to different relationships, where the principal has authorized the broker in including, but not limited to, representing a party writing to appoint subagents, in one transaction and at the same time not representing that party in a different transaction involving that party, if the broker complies with this chapter in establishing the relationships for each transaction. SECTION 2: RELATIONSHIPS BETWEEN BROKERS AND THE PUBLIC. (1) A broker who performs real estate brokerage SECTION 3: services for a buyer is a buyer's agent unless the: DUTIES OF A BROKER GENERALLY. (a) Broker's firm has appointed the broker to (1) Regardless of whether a broker is an agent, represent the seller pursuant to a written agency the broker owes to all parties to whom the broker agreement between the firm and the seller, in renders real estate brokerage services the following which case the broker is a seller's agent; duties, which may not be waived: (b) Broker has entered into a subagency (a) To exercise reasonable skill and care; agreement with the seller's agent's firm, in which case the broker is a seller's agent; (b) To deal honestly and in good faith; (c) Broker's firm has appointed the broker to (c)To present all written offers,written notices and represent the seller pursuant to a written agency other written communications to and from either agreement between the firm and the seller, party in a timely manner, regardless of whether and the broker's firm has appointed the broker the property is subject to an existing contract for to represent the buyer pursuant to a written sale or the buyer is already a party to an existing agency agreement between the firm and the contract to purchase, buyer, in which case the broker is a dual agent; (d) To disclose all existing material facts known (d) Broker is the seller or one of the sellers; or by the broker and not apparent or readily ascertainable to a party; provided that this (e) Parties agree otherwise in writing after the subsection shall not be construed to imply any broker has complied with RCW 18.86.030(1)(f). duty to investigate matters that the broker has (2) In a transaction in which different brokers not agreed to investigate; affiliated with the same firm represent different (e) To account in a timely manner for all money parties, the firm's designated broker and any and property received from or on behalf of managing broker responsible for the supervision of either party, both brokers, is a dual agent, and must obtain the written consent of both parties as required under (f)To provide a pamphlet on the law of real RCW 18.86.060. In such case, each of the brokers estate agency in the form prescribed in PAGE 3 Authentisign ID:F2549085.9A5B4359-AEBS-B7AF2CC43412 RCW 18.86.120 to all parties to whom the broker (c) To advise the seller to seek expert advice renders real estate brokerage services, before on matters relating to the transaction that are the party signs an agency agreement with the beyond the agent's expertise; broker, signs an offer in a real estate transaction handled by the broker, consents to dual agency, (d) Not to disclose any confidential information or waives any rights, under RCW 18.86.020(1)(e), from or about the seller,except under subpoena 18.86.040(1)(e), 18.86.050(1)(e), or 18.86.060(2)(e) or court order, even after termination of the or(f),whichever occurs earliest;and agency relationship; and (g) To disclose in writing to all parties to whom (e) Unless otherwise agreed to in writing the broker renders real estate brokerage services, after the seller's agent has complied with before the party signs an offer in a real estate RCW 18.86.030(1)(f), to make a good faith transaction handled by the broker, whether and continuous effort to find a buyer for the the broker represents the buyer, the seller, both property; except that a seller's agent is not parties, or neither party. The disclosure shall be obligated to seek additional offers to purchase set forth in a separate paragraph entitled 'Agency the property while the property is subject to an Disclosure" in the agreement between the buyer existing contract for sale. and seller or in a separate writing entitled 'Agency (2) (a) The showing of properties not owned by Disclosure" the seller to prospective buyers or the listing (2) Unless otherwise agreed, a broker owes no of competing properties for sale by a seller's duty to conduct an independent inspection of the agent does not in and of itself breach the duty property or to conduct an independent investigation of loyalty to the seller or create a conflict of of either party's financial condition, and owes interest. no duty to independently verify the accuracy or completeness of any statement made by either (b) The representation of more than one seller by different brokers affiliated with the same firm party or by any source reasonably believed by the in competing transactions involving the same broker to be reliable. buyer does not in and of itself breach the duty of loyalty to the sellers or create a conflict of interest. P1106/27/2019 SECTION 4: �fl� 06/27/2019 DUTIES OF A SELLER'S AGENT. SECTION 5: (1) Unless additional duties are agreed to in writing DUTIES OF A BUYER'S AGENT. signed by a seller's agent, the duties of a seller's agent are limited to those set forth in RCW 18.86.030 (1) Unless additional duties are agreed to in writing and the following, which may not be waived except signed by a buyer's agent, the duties of a buyer's as expressly set forth in (e) of this subsection: agent are limited to those set forth in RCW 18.86.030 (a) To be loyal to the seller by taking no action and the following, which may not be waived except that is adverse or detrimental to the seller's as expressly set forth in (e) of this subsection: interest in a transaction; (a) To be loyal to the buyer by taking no action (b) To timely disclose to the seller any conflicts that is adverse or detrimental to the buyer's of interest; interest in a transaction; PAGE 4 AuthentisignID:F2549085-9ASB-4359-AE85-B7AF2CC43412 (b) To timely disclose to the buyer any conflicts RCW 18.86.030(1)(f), which consent must include a of interest; statement of the terms of compensation. (c) To advise the buyer to seek expert advice (2) Unless additional duties are agreed to in writing on matters relating to the transaction that are signed by a dual agent, the duties of a dual agent beyond the agent's expertise; are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as (d) Not to disclose any confidential information expressly set forth in (e) and (f) of this subsection: from or about the buyer,except under subpoena or court order, even after termination of the (a)To take no action that is adverse or detrimental agency relationship; and to either party's interest in a transaction; (e) Unless otherwise agreed to in writing (b) To timely disclose to both parties any after the buyer's agent has complied with conflicts of interest; RCW 18.86.030(1)(f), to make a good faith and continuous effort tofind a property for the buyer; (c) To advise both parties to seek expert advice except that a buyer's agent is not obligated to: on matters relating to the transaction that are beyond the dual agent's expertise; (i) seek additional properties to purchase while the buyer is a party to an existing contract to (d) Not to disclose any confidential purchase; or information from or about either party, except under subpoena or court order, even after (ii) show properties as to which there is no termination of the agency relationship; written agreement to pay compensation to the buyer's agent. (e) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1)(f), (2) (a) The showing of property in which a buyer is to make a good faith and continuous effort to interested to other prospective buyers by a find a buyer for the property, except that a dual buyer's agent does not in and of itself breach agent is not obligated to seek additional offers the duty of loyalty to the buyer or create a to purchase the property while the property is conflict of interest. subject to an existing contract for sale; and (b) The representation of more than one buyer (f) Unless otherwise agreed to in writing after the by different brokers affiliated with the same firm dual agent has complied with RCW 18.86.030(1)(f), in competing transactions involving the same to make a good faith and continuous effort to property does not in and of itself breach the find a property for the buyer; except that a dual duty of loyalty to the buyer or create a conflict agent is not obligated to: of interest. (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or SECTION 6: (ii) show properties as to which there is no written agreement to pay compensation to DUTIES OF A DUAL AGENT. the dual agent. (3) (a) The showing of properties not owned (1) Notwithstanding any other provision of this by the seller to prospective buyers or the listing chapter, a broker may act as a dual agent only of competing properties for sale by a dual agent with the written consent of both parties to the does not in and of itself constitute action that is transaction after the dual agent has complied with PAGE 5 AuthentisignID:F2549065.9A5B-4359-AE85-87AF2CC43412 adverse or detrimental to the seller or create a a termination does not affect the contractual conflict of interest. rights of either party. (b) The representation of more than one seller (2) Except as otherwise agreed to in writing, a by different brokers licensed to the same firm broker owes no further duty after termination of the in competing transactions involving the same agency relationship, other than the duties of: buyer does not in and of itself constitute action (a) Accounting for all moneys and property that is adverse or detrimental to the sellers or received during the relationship; and create a conflict of interest. (b) Not disclosing confidential information. (4) (a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a dual agent does not in and of itself SECTION 8: constitute action that is adverse or detrimental to the buyer or create a conflict of interest. COMPENSATION. (b) The representation of more than one (1) In any real estate transaction, a firm's buyer by different brokers licensed to the compensation may be paid by the seller, the buyer, same firm in competing transactions involving a third party, or by sharing the compensation the same property does not in and of itself between firms. constitute action that is adverse or detrimental to the buyer or create a conflict of interest. (2) An agreement to pay or payment of compensation does not establish an agency relationship between the party who paid the compensation and the broker. (3) A seller may agree that a seller's agent's firm may share with another firm the compensation paid by the seller. SECTION 7: (4) A buyer may agree that a buyer's agent's firm DURATION OF AGENCY RELATIONSHIP. may share with another firm the compensation paid by the buyer. (1) The agency relationships set forth in this chapter (5) A firm may be compensated by more than one commence at the time that the broker undertakes to party for real estate brokerage services in a real estate provide real estate brokerage services to a principal transaction, if those parties consent in writing at or and continue until the earliest of the following: before the time of signing an offer in the transaction. (a) Completion of performance by the broker; (6) A firm may receive compensation based on the (b) Expiration of the term agreed upon by the purchase price without breaching any duty to the parties; buyer or seller. (c) Termination of the relationship by mutual (7) Nothing contained in this chapter negates the agreement of the parties; or requirement that an agreement authorizing or employing a broker to sell or purchase real estate (d) Termination of the relationship by notice for compensation or a commission be in writing from either party to the other. However, such and signed by the seller or buyer. PAGE 6 Authentisign ID:F2549085-9A5B-0359-AE85-B7AF2CC43412 SECTION 9: SECTION 11: VICARIOUS LIABILITY. INTERPRETATION. (1) A principal is not liable for an act, error, or The duties under this chapter are statutory duties omission by an agent or subagent of the principal and not fiduciary duties. This chapter supersedes arising out of an agency relationship: the fiduciary duties of an agent to a principal under (a) Unless the principal participated in or the common law. The common law continues authorized the act, error, or omission; or to apply to the parties in all other respects. This chapter does not affect the duties of a broker (b) Except to the extent that: while engaging in the authorized or unauthorized practice of law as determined by the courts of this (i) the principal benefited from the act, error, state. This chapter shall be construed broadly. or omission; and (ii) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent. (2)A broker is not liable for an act,error,or omission of a subagent under this chapter, unless that broker SECTION 12: participated in or authorized the act, error or SHORT SALE. omission.This subsection does not limit the liability of a firm for an act, error, or omission by a broker When the seller of owner-occupied residential real licensed to the firm. p property enters into a listing agreement with a real estate firm where the proceeds from the sale may be insufficient to cover the costs at closing, it is the responsibility of the real estate firm to disclose to the seller in writing that the decision by any beneficiary or mortgagee, or its assignees,to release its interest SECTION 1�: in the real property, for less than the amount the borrower owes, does not automatically relieve the IMPUTED KNOWLEDGE AND NOTICE. seller of the obligation to pay any debt or costs remaining at closing, including fees such as the real (1) Unless otherwise agreed to in writing,a principal estate firm's commission. does not have knowledge or notice of any facts known by an agent or subagent of the principal that are not actually known by the principal. (2) Unless otherwise agreed to in writing, a broker does not have knowledge or notice of any facts known by a subagent that are not actually known by the broker. This subsection does not limit the © Copyright 2013 knowledge imputed to the designated broker or any Northwest Multiple Listing Service managing broker responsible for the supervision of Revised July 2013 the broker of any facts known by the broker. RCW 18.86.120 PAGE 7 1 , Real estate buyers and sellers are targets for wire fraud CALL BEFORE YOU WIRE and many have lost hundreds of thousands of dollars because they failed to take two simple steps: Beware of the following scam: ® Obtain the phone number of 1. An email account is hacked (this could be your real estate broker and brokers, escrow's, or consumer's email). your escrow agent at your first 2. Hacker monitors the account, waiting for meeting; the time when consumer must wire funds. Broker, escrow, and consumer have no knowledge they are being monitored. Call the known phone number to ® speak directly with your broker 3. Hacker, impersonating broker or or escrow officer to confirm wire escrow, instructs consumer to wire funds instructions PRIOR to wiring. immediately. The wire instructions are for an account controlled by hacker. These instructions often create a sense of urgency ............................................................................................................................................... .. and often explain that the broker or escrow Nick Opolsky 360-701-9943 officer cannot be reached by phone so Broker's Name Broker's Phone any follow-up must be by email. When consumer replies to this email, consumer's Mason County Escrow Co Colleen Reamer email is diverted to hacker. Escrow Officer's Name Escrow Officer's Phone 4. Consumer wires the funds which are stolen Myreal estate broker or escrow officer reviewed this pamphlet with me. Authentis cr by hacker with no reCOUfSe for consumer. C 06!27/2019 iStT7/Z019 7-55'15 PM POT $igAt,thenl;=.,rr Date 111-bea- 06/27/2019 fir172019 M PDT er " funds without first calling the l�1 _�._l tws-u�,—u:saet�:rrarcr W a s h i n g t o n N E A L T g U i •�L I C E N S I N Gknown phone number for broker or escrow and confirming the wire instructions. Do not OFFICE of the e-mail communications. Northwest ---�� INSURANCE ' ' Multiple Listing Service• FI�MnI1epM; COMMISSIONER AuthentisignID:F2549085.9A5B-4359-AE85-B7AF2CC43412 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A m] 06/27/2019 EXHIBIT "A" [�] Legal Description: osiz7/zols Lot 3, Ripplewood Tracts, Volume 6 of Plats, pages 164, 165 and 166, records of Mason County, Washington. Parcel No. 61902 50 00003 Abbreviated Legal: Parcel No(s): 61902-50-00003 , Purported Address: None Assigned, WA ; 1 i 1 i 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 Polley;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA A 08101116;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 i AuthentisignID:F2549085.9A5B-4359-AE85-B7AF2CC43412 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 `1 'and Sale Agreement dated U K a- , 2-0� 1 between � Buyer k 112h —�- H1 (., 1 ("Buyer")2 Buyer and Nlason County ("Seller")3 Seller Seiler /' concerning � 3 C' Wvv-\ n \z V-\/ �Ql� �r!,����r �l�}}ar ��i�u (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 lip] 06/27/2019 m� 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the tax title parcel #61902-50-00003, located on W. Salmonberry Drive, Elma, WA; and WHEREAS, an auction was held October 12-15, 2018 in an attempt to sell the above listed parcel per RCW 36.35.120 with no bids; and WHEREAS, per RCW 36.35.150(1)(d.) Tax Title Parcels can be sold by direct negotiation for twelve months after an attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$5,000 from Joshua Petersen and Elizabeth Higgins and a public hearing was held on August 6, 2019 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that sale of the property described above (parcel #61902-50-00003) is approved at the price of$5,000; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 6th day of August, 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 DPA Randy Neatherlin, Commissioner