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HomeMy WebLinkAbout2019/08/26 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of August 26, 2019 Monday, August 26, 2019 Commission Chambers 9:00 A.M. Support Services — Frank Pinter 9:45 A.M. WSU Extension Office/Noxious Weed Control — Patricia Grover 9:55 A.M. BREAK 10:00 A.M. Community Services — Dave Windom 10:15 A.M. Public Works — Loretta Swanson Utilities & Waste Management 10:30 A.M. Annual recommendations from Transportation Improvement Program-Citizens Advisory Panel (TIP-CAP) — Diane Sheesley 11:30 A.M. Assessor/Treasurer— Patti McLean/Lisa Frazier Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 08/22/19 at 3:55 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 COMMISSIONER BRIEFING INFORMATION FOR WEEK OF August 26, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. C0 1854 Mason County Support Services Department Budget Management cU ' 411 North 5th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES August 26, 2019 • Specific Items for Review o Mason County Parks Department 2020 Field Rental Rates - Ross o MCRA Irrigation System Replacement RCO Grant—Ross o News release for vacancies on Thurston Mason Behavioral Health Organization (TMBHO) Advisory Board o Review of Uniform Allowance Policy—Dawn o Review of amended agreement with Mason General Hospital for L&I compliance services- Dawn o Schedule for Criminal Justice Study from KMB architects—Frank o Lobbying agreement with City of Shelton & EDC—Frank o Property offer to purchase county surplus property- Frank • Commissioner Discussion o Vance Creek Bridge—Cmmr. Shutty J:\DLZ\Briefing Items\2019\2019-08-26.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails EXT: 806 BRIEFING DATE: 08/26/2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Mason County Parks Department 2020 Field Rental Rates EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Parks is bringing forward to the BOCC the 2020 rate increase consistent with Resolution 10-09 and Fees and Charges Policy for Parks.The rates are adjusted by the CPI for all Cities June to June (2020 is 1.7% increase). BUDGET IMPACT: There is no cost impact to the County, there may, however be a revenue increase. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: BOCC approve Rate Increase per attached rate schedule for 2020 ATTACHMENTS: Mason County Parks Department 2020 Field Rental Rates Briefing Summary 8/14/2019 Exhibit A MASON COUNTY PARKS DEPARTMENT 2020 FIELD RENTAL RATES ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated Based on 2-Hour Practice Practice $ 17.00 $8.50 Per Hour 2-Hour Slot with Field Prep Game $ 29.00 ORGANIZED ADULT LEAGUES: Practice $ 24.00 $12.00Per Hour Game $ 35.00 TOURNAMENTS: Includes Field Preps Per Field $ 144.00 Full Comple> $1 ,005.00 MISCELLANEOUS: Per Hour $ 17.00 DEPOSITS Tier II - two prior payment delinquencies 50% deposit required at time of booking for all scheduled dates Deposit refund if cancelled within 3 months of play 100% If cancelled within 1-3 months of play 50% If cancelled within 30-15 days of play 10% If cancelled within 14-2 days of play 5% If cancelled within 24 hours of play 0 If cancelled by Parks Dept due to weather 100% Tier I - no or one prior payment delinquencies Deposit For Local League play payment of $375 deposit due upon acceptance of schedule even for multiple day reservations Payment For Local League play payment due upon receipt of invoice which will be processed every two weeks Page 1 Deposit For Tournament play payment of $1 ,005 deposit for one day or $2,010 for two days due upon acceptance of schedule even for multiple day reservations Payment days is due on the Friday prior to tournament play. The deposit will be rolled forward to next scheduled tournament date for multiple dates scheduled Cleanup Fee butts or sunflower seeds left on the Synthetic Turf $250 Biohazard Cleanup Fee to remove bodily fluids $400 Supplemental Fees 3.5' X 8' sign on outfield fence $200/yr $350/2 yrs 3.5' X 8' sign on outfield fence in preferred location $375/yr $675/2 yrs Sponsor is responsible for purchasing sponsor banner County Staff will erect and remove banner at the end of the season Page 2 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails EXT: 806 BRIEFING DATE: 08-)A-'2019 PREVIOUS BRIEFING DATES: 04/22/2019 If this is a follow-up briefing, please provide only new information ITEM: MCRA Irrigation System Replacement RCO Grant 18-1269D EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In March of 2019 Mason County received information that Mason County would be award the grant of $325,000 grant (RCO 18-1269D) for the MCRA Irrigation system replacement project. On 04/23/2019 The BOCC approved Ross McDowell to sign the Certification of Sponsor for the 50% match ($325,000). This project needs an Applicant-Authorization form completed indicating Frank Pinter, Director of Support Services, to be authorized to act as a representative/agent for Mason County with full authority to bind the organization regarding all matters related to this project, including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). BUDGET IMPACT: 50% Match funding for the MCRA Irrigation System replacement project from REET 2 funding (up to $325,000). PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Recommend approval and signature of the Chairman of the Board of County Commissioners that Frank Pinter be named the applicant agent for this agreement. ATTACHMENTS: RCO Applicant Authorization form RCO — MCRA Irrigation Project Details Mason County Commissioner's Agenda Action Sheet (April 24, 2019) RCO- Certification of Applicant Match form (April 24, 2019) Briefing Summary 8/15/2019 Recreation and Conservation Office Applicant Resolution/Authorization Organization Name(sponsor) Mason County Resolution No. (if applicable) Project(s) Number(s), and Name(s) MCRA Irrigation System Replacement Project(RCO 18-1269D) This resolution/authorization authorizes the person identified below(in section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation Office(Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW,THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Frank Pinter, Director Support Services Department is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1)approve submittal of a grant application to the Office, (2)enter into a project agreement(s) on behalf of our organization, (3)sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s),and (5)designate a project contact(s)to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: https://rco.wa.ciov/documents/manuals&forms/SampleProiAareement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor)and a waiver of sovereign immunity(applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. 4. Our organization acknowledges and warrants,after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s)on its behalf,that includes indemnification,waiver of sovereign immunity(as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement,the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification,the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s)with any such revisions, all terms and conditions of the executed project agreement(including but not limited to the indemnification,the waiver of sovereign immunity, and the legal venue stipulation)shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification,the waiver of sovereign immunity(as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. (Recreation and Conservation Funding Board Grant Programs Only]If match is required for the grant,we understand our organization must certify the availability of match at least one month before funding approval.In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 11. Our organization acknowledges that if it receives grant funds managed by the Office,the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them.The Office may also determine an amount of retainage and hold that amount until the Project is complete. 12. (Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office.We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights"for other than fee acquisitions(which documents will be based upon the Office's standard versions of those documents),to be recorded on the title of the property with the county auditor. 13. [Acquisition Projects Only] Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the project agreement, or authorized in writing by the Office Director. 14. [Development, Renovation, Enhancement, and Restoration Projects Only—If your organization owns the roe Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 15. [Development, Renovation, Enhancement, and Restoration Projects Only—If your organization DOES NOT own the propeV Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the project agreement or an amendment thereto. 16. [Only for Projects located in Water Resources Inventory Areas 1 -19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement Riparian Protection, or Urban Wildlife Habitat grant categories;or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following:the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 17. This resolution/authorization is deemed to be part of the formal grant application to the Office. 18. Our organization warrants and certifies,after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties,certifications, promises and obligations set forth herein. [Native American Tribes, Local Governments, and Nonprofit Organizations Only]This application authorization was adopted by our organization during the meeting held: Location: Date: [All Applicants] Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): Signed Title Date Washington State Attorney General's Office Approved as to form 1/19/18 Assistant Attorney General Date You may reproduce the above language in your own format;text however may not change. yP/ASHINy':•1 VAT; Recreation and Project Snapshot Conservation Office PRISM Project#18-1269 (In Progress) MCRA Irrigation Project Details Project Status: Board Funded since 06/27/2019 Project Type: Development Project Sponsor: Mason County Support Services Funding Board: Recreation and Conservation Funding Board Funding YAF-Large: $325,000 Total RCO Grant: $325,000 (50%) Sponsor Match: $325,000 (50%) Total Agreement: $650.000(100%) Links Attachments:22 files Project Description Mason County Recreation Area(MCRA)Irrigation is a development project located in Shelton,Washington.Our overall goal is to replace the non-functional irrigation system by replacing the main water line,adding new irrigation lines,spray heads,valves and pumps which will offer a better playing surface.use less water,and offer the improved fields a greater number of leagues,associations and tournaments usage of the baseball/softball fields.Four of the seven baseball/softball fields have been renovated and are now all-weather fields with synthetic infields allowing extended calendar for use for youth and adult leagues.Mason County will use the grant to assist with new irrigation design system.materials&pumps.trenching,plumber labor,permits,sales tax and A&E. MCRA is Mason County's#1 visited park and sports complex.It has youth and adults come for batting practice in our batting cages,play baseball/softball games and practices in both leagues and tournaments.practice soccer,play football and have picnics or just hang out in the park.MCRA is home to numerous league and tournaments for youth and adults. The park is open year round for usage and is open for all types of sporting events.With the new synthetic infields and irrigation improvements it will extend the seasons for baseball/softball with less rain outs.There has been talk of using the fields for lacrosse teams.which will be another sport to draw people to Mason County. Project Contacts Project Sponsor:Mason County Support Services Project Ross McDowell Contact: RMcDowell@co.mason.we.us (360)427-9670 Ext 806 Funding Agency:Recreation and Conservation Office Project Kim Sellers Manager: kim.sellers@rco.wa.gov (360)902-3082 Project Location County: Mason Legislative Districts 2012: 35 Congressional Districts 2012: 06 YAF Regions: North Olympic Coordinates: 47.24668236 -123.08328221 Worksites Proposed Development Worksite Name Scope of Work Cost MCRA 2100 E.John Prairie Architectural&Engineering(A&E).Baseball field $650.000 Rd.Shelton.WA 98584(#1) development,Cultural resources.Install water system,Obtain permits Total $650,000 Properties Landowner Worksite Name Property Name Type MCRA 2100 E.John Prairie Property 1-Mason County Local Rd.Shelton.WA 98584(#1) Recreational Area Government Total Project Metrics (Outcomes, Benefits) Category/Work Type/Metric Proposed Restoration Metrics(rolled up from Worksite level) Athletic Fields Baseball field development Number of baseball fields New 0,Renov:7 Number of baseball fields by surface type-Natural 3 Number of baseball fields by surface tvoe-Svnthetic 4 Project Permits Applied Received Expiration Permit Type Date Date Date Permit Number Building Permit 01/02/2019 Archeological&Cultural Resoures 01/02/2019 (EO 05-051 Project Milestones Milestone Name Target Date Description Project Start Design Initiated Cultural Resources Complete Monitoring of trenching required,see special condition#1. Progress Report Due 60%Plans to RCO Applied for Permits Annual Project Billing Due SEPA/NEPA Completed All Bid Docs/Plans to RCO Special Conditions Met Bid Awarded/Contractor Hired Construction Started 50%Construction Complete RCO Interim Inspection 90%Construction Complete Funding Acknowl Sign Posted RCO Final Inspection Construction Complete Final Billing Due Final Report Due Agreement End Date Other NOTE This data is subject to chance Project Attachments Attachment Type Attachment Title Attach Date Application Review Report Application Review Report. 18-1269D(compl 07/28!18 18:59:35).pdf 07/28/2018 Application Review Report Application Review Report, 18-1269D(rtnd 06/26/18 21:19:23).pdf 06/26/2018 Certification of Applicant Certification of Applicant match Mason County.pdf.pdf 04/24/2019 Match Control&Tenure bICRA Ownership Information.PDF.pdf 02/21/2018 Documentation Evaluation:Written criteria Evaluation Cnteha.docx(2).docx.docx 07/09/2018 responses Map:Athletic Facility MCRA Arial#2.jpg.jpg 03/12/2018 Map:Athletic Facility INCRA Park Athletic Facility.docx.docx 02/21/2018 Map:Boundary map—Draft MCRA Boundary Map.pdf.pdf 02/21/2018 Map: Regional Location MCRAAPE.docx.docx 02/21/2018 Photo Men's Tournament from field#7.JPG.jpg 03/12/2018 Photo MCRA Ballfield#1.jpg.jpg 03/12/2018 Photo Turf Infield from home plate.JPG.jpg 03/12/2018 Photo irrigation improve ments.jpg.jpg 02/21/2018 Photo field irrigation needs.jpg.jpg 02/21/2018 Project Application Report Application Report. 18-1269D(submitted 07/12/18 15:52:53).pdf 07/12/2018 Project Application Report Application Report, 18-1269D(submitted 04/25/18 12:31 50).pdf 04/25/2018 Site Plan:Development site MCRA Irrigation map legend.docx.docx 07/09/2018 plan Site Plan:Development site MCRA Irrigation Map.docx.docx 07/09/2018 plan Site Plan:Development site MCRA lMgation.pdf.pdf 03/12/2018 plan Visuals Players MCRA 2.jpg.jpg 07/09/2018 MASON COUNTY COMMISSION AGENDA ACTION SHEET April 23, 2019 ACTION 8.1 Approval of the Certification of Sponsor match form with the Washington State Recreation and Conservation Office (RCO) for the replacement and upgrading of the Approved irrigation system at Mason County Recreational Area (MCRA) and approval to allow the Parks &Trails Manager to sign the form. 8.2 Approval of the Mason County Sheriff's Office Extra Duty Service Contract with the Approved Timberlakes Community. 8.3 Approval of the Cost Reimbursement Agreement between the Seattle Police Department and the Mason County Sheriff's Office to reimburse personal training Approved and travel to the 2019 Crimes Against Children Conference in Dallas Texas. 8.4 Approval to authorize the Chair to sign a resolution related to the ownership of Approved Potlatch Cemetery. 8.5 Approval to appoint William Bezanson to the Lewis-Mason-Thurston Area Agency on Approved Aging for a two-year term ending Aril 23, 2021. 8.6 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8063696-8063847 $ 514,555.43 Approved Direct Deposit Fund Warrant #s $ Salary Cl aring Fund Warrant #s $ 8.7 Approval of a contract with Kennedy/Jenks Consultants, Inc. in the amount of $439,816 for the Belfair General Sewer Plan Amendment and Preliminary Design Approved report for the sewer extension to Puget Sound Industrial Center (PSIC). 8.8 Approval to authorize the County Engineer to submit the Highway Safety Improvement Program Grant to WSDOT by May 31,* for safety improvements Approved throughout Mason County, as well as the approval to authorize the County Engineer to sign all pertinent documents for the grant. 8.9 Approval to authorize the County Engineer to submit the 2019 Federal Highways Bridge Program Grant Proposal and approval to authorize the County Engineer to Approved sign all pertinent documents for the grant. The Board will be asked for their guidance on inclusion of bridge lighting as part of this application. 8.10 Approval of the resolution for County Road Project No. 2019, Romance Hill-Belfair Freight Corridor Connector, approval to authorize the Chair to sign all pertinent documents and authorize the Public Works County Engineer to advertise, set bid dates/times and award contract not to exceed $1,500,000. Also, approval to Approved authorize Public Works to solicit a Request for Qualifications for a consultant to provide an analysis and design for the location of the new Romance Hill-Freight Corridor Connector and enter into a contract not to exceed $350,000. 8.11 Approval to reappoint Janice Loomis to a three year term on the Mason County Approved Board of Equalization. This term ends May 31, 2022. 8.12 Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service Officers effective May 2019 at $350 per month Approved payable from the Veterans Assistance Fund (#190) as recommended by the Veterans Advisory Board. 8.13 Approval to sign the Associate Development Organization Certification/Designation Form designating the Mason County Economic Development Council as the Associate Development Organization (ADO) to coordinate economic development services for Approved Mason County under contract with the Washington State Department of Commerce. This is pursuant to RCW 43.330.080 and is for the 2019-2021 biennium. 8.14 Approval of amendments to contract DY2-K2293-32 between Cascade Pacific Action Alliance and Mason County Community Services for Medicaid transformation Approved projects. 8.15 Approval to set a public hearing on May 7, 2019 to receive comments on a proposition to enact a .03% .3% Public Safety Sales Tax increase. Approved Certification of Applicant Match Organization Name Mason County Project Name Mason County Recreation Area Irrigation Project Number 18-1269D The sources and amounts of our matching share will be: REET 2 Funds $325,000 Total $$325,000 As the authorized financial representative for the above identified organization, I hereby certify that the sponsor matching resources are available for the project referenced above. I further acknowledge that our organization is responsible for supporting all non-cash commitments and donations should they not materialize. Signature c. ec LC C� Printed Name G. Ross McDowell Title Mason County Parks & Trails Manager Date 04/24/2019 Certification of Applicant Match Form 1/24!2014 Frank and Mark— The following is our revised draft schedule of meetings and deliverables for the Criminal Justice Study. We are updating these dates based on hearing that the Mason County BOCC approved the contract on Wednesday, and based on me conversations with Mark last week, it seemed like Grays Harbor would be doing the same shortly. These revised dates have been coordinated with the project team. The shift in dates is to accommodate the Thanksgiving and Christmas Holiday n to the meeting schedule and to accommodate Karen Chinn's available schedule. She is wrapping up several large studies in September and October, and early November is the first dates of availability. The following is the anticipated schedule dates: • Kick Off Meeting —October 2, 2019 • Criminal Justice System Project Advisory Committees Meetings &Interviews with Criminal Justice System Officials Meetings — November 12, 13, &14, 2019 • Future Inmate Population and Justice System Requirements &Inmate Forecast— December 17 & 18, 2019 • Programming Meeting #1 with Stakeholders —January 14 & 15, 2020 • Criminal Justice System Project Advisory Committee Follow up Meeting & Final Justice Study Presentation —January 16, 2020 • Programming Meeting #2 &Concept Design Meeting #1 with Stakeholders— February 5 & 6, 2020 • Concept Design Meeting #2 with Stakeholders— February 26 & 27, 2020 • Concept Design #3 & Preliminary Cost& Schedule Meeting with Stakeholders— March 11, 2020 • Cost Model Options— March 25 2020 • Funding Option Meeting #1 —April 8, 2020 • Funding Option Meeting #2 —April 22, 2020 • Draft Report— May 13, 2020 • Final Document Submittal —June 4, 2020 We will be sending you a fair amount of homework for information and data to be gathered in September and October leading up to our major meetings in November, December and January. Please review the dates and let me know if there are any conflicts or issues. We will look for the contracts in the mail and turn them around as soon as possible. I will focus on getting all the consultant under contract as well. Thanks, Bill Valdez, PE, DBIA I Partner o 360.352.8883 1 d 360.528.2762 1 c 719.205.2375 BillValdez(�bKMB-architects.com KMB architects TMBHO Advisory Board - Mason County members Name Appt. Expires R. Jeanne Rehwaldt Shelton, WA 98584 7/21/2016 9/l/2019 Kathy Geist Union, Wa 98592 9/l/2016 9/l/2019 Madison Larsen Shelton, WA 98584 7/21/2016 9/1/2019 Darren Moody Shelton, WA 98584 4/17/2018 4/17/2021 Donald Abraham Gardner IShelton, WA 98584 1/15/2019 1 1/15/2022 NEWS RELEASE September 3, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Thurston Mason Behavioral Health Organization (TMBHO) Advisory Board The Thurston Mason Behavioral Health Organization Advisory Board is the result of integration between the Thurston Mason Regional Support Network and Thurston Mason Chemical Dependency Advisory Boards. Integration between mental health and chemical dependency was a result of Senate Bill 6312. The Advisory Board is a citizen advisory board which represents the citizens of Thurston and Mason Counties. The role of the advisory board is to advise the Thurston Mason BHO Governing Board on matters relating to mental health and substance use disorder services in Thurston and Mason Counties. Each member is expected to represent all citizens of the two counties in their recommendations and advice. There are currently three openings on the advisory board for residents of Mason County. Each Board member is appointed to a three-year term by the TMBHO Governing Board. Interested citizens may obtain an application at the Mason County Commissioners' Office, 411 North 5th Street, Shelton, or by calling Shelton 360-427-9670, ext. 419; Belfair 360-275-4467, ext. 419; Elma 360-482-5269, ext. 419 or visit the Mason County website at www.co.mason.wa.us. Applications will be accepted until positions are filled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Human Resources EXT: 422 BRIEFING DATE: August 26, 2019 PREVIOUS BRIEFING DATES: August 5 & 12, 2019 (If this is a follow-up briefing, please provide only new information) ITEM: A Resolution amending Resolution 68-19 Mason County Personnel Policy to amend Chapter 5.10 Uniform Allowance EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The proposed Chapter 5.10 Uniform Allowance, adds language to authorize a formal uniform (business attire) allowance compensation for the Sheriff's Office Non-Represented employees and the elected Sheriff of$400 annually, upon presentation of receipt. Traditionally the Sheriff's Office"Command Staff" have received $400 to $550 annually as a clothing allowance. Prior to 2019, the Auditor's Office paid the allowance but stated they would need a policy moving forward to authorize any future payments. Options to consider: • Should all non-represented employees and all elected officials be eligible for the annual clothing allowance for professional work attire as stated in the last paragraph in the draft policy? (Currently 71 full time non-represented employees and 14 elected officials.) • Should the policy be written for only the Sheriff's Office non-represented staff and the Sheriff? (Currently 7 full time non-represented employees and 1 elected official.) • Should the last paragraph be stricken, not allowing any employee to receive a clothing allowance for wearing "formal clothes"(business attire)? BUDGET IMPACT: • Approximately $34,000 for all non-represented and elected officials. • Approximately $3,200 for all Sheriff's Office non-represented and elected official. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) NA RECOMMENDED OR REQUESTED ACTION: Approval to place on the August 27, 2019 Action Agenda a Resolution amending Resolution 68-19 Mason County Personnel Policy to amend Chapter 4.2 Hours of Work &Overtime, Chapter 4.3 Compensatory Time, Chapter 5.5 Salary for Exempt Employees, Chapter 13 Vehicle Use Policy, add Chapter 5.10 Uniform Allowance and effective December 31, 2019 rename Chapter 7.9 Shared Leave Program to WA Paid Family and Medical Leave. ATTACHMENTS: Personnel Policy, Chapter 5.10, Uniform Allowance and RCW 49.12.450 Briefing Summary 8/22/2019 the amount the County would pay for round trip coach class airfare.The written invitation to the interview shall include an explanation of those expenses that will be reimbursed and the method for claiming reimbursement. Such expenses shall be approved by the Board of County Commissioners in advance. At the discretion of the Board of County Commissioners and with their approval in advance, reasonable moving expenses of a new employee in a management level or hard to fill technical or professional level position may be reimbursed. Such reimbursement shall not exceed $5,000. Moving expenses shall mean the cost of moving household goods, furniture, clothing and other personal effects of the new employee. To be eligible for reimbursement of moving expenses the new employee must agree in writing to refund to the County such moving expenses if they voluntarily terminate their employment within one year of their hire date. 5.10 UNIFORM ALLOWANCE Compensation for required employee work apparel shall be based on RCW 49.12.450, which obligates the employer to furnish or compensate an employee for apparel required during work hours if it is a uniform. Non-Represented employees inthe Sheriff's ^ff:E„ and the requesting reimbursement under this policy shall only be reimbursed for the following items listed: in the Mason County SheF;ff'S Off iEe UnifeFfn o„ce., 1. Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of the employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section. 2. Employers are not required to furnish or compensate employees for apparel that the employer requires an employee to wear during working hours unless the required apparel is a uniform. 3. As used in this section, "uniform" means: a. Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of Mason County; b. Apparel that is specially marked with the employer's logo; 4. Except as provided in subsection (5) of this section, if the employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White,tan, gray, blue, or black for tops; and tan, black, blue, or gray, for bottoms.The employer is Mason County Personnel Policies Page 24 permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather, which necessitate a change in wearing apparel. 5. If the employer changes the color or colors of apparel required to be worn by any of his or her employees during a two-year period of time, the employer shall furnish or compensate the employees for the apparel, upon presentation of receipt. The employer shall be required to furnish or compensate only those employees who are affected by the change.The two-year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two-year time period applies to all employees regardless of when the employee is hired. 6. For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel. Non Represented employees i the cheFi f f's Offi e and the Mason Ce my ch, Fi ff shall Lice thquarterm sten systern fOF unifOFrn acquisition. Nen ❑epFeseRte l emp!E)yeoc_in the SheFiff, S Off iEe and the MaseR Ceunty Sheriff, who wear f ormal Elethes (business attire) Feguladyf shall 1upen pFesentatien ef FeEeipt, an annual Elething FeimbuFsement of up te WK). Based en SeEtiGn feLff I , denirn jeans, et..)will not be FeimbUFsable. Mason County Personnel Policies Page 25 RCW 49.12.450 Compensation for required employee work apparel—Exceptions—Changes. (1) Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section. (2) Employers are not required to furnish or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform. (3) As used in this section, "uniform" means: (a) Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of a specific employer; (b) Apparel that is specially marked with an employer's logo; (c) Unique apparel representing an historical time period or an ethnic tradition; or (d) Formal apparel. (4) Except as provided in subsection (5) of this section, if an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White, tan, or blue, for tops; and tan, black, blue, or gray, for bottoms. An employer is permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather which necessitate a change in wearing apparel. (5) If an employer changes the color or colors of apparel required to be worn by any of his or her employees during a two-year period of time, the employer shall furnish or compensate the employees for the apparel. The employer shall be required to furnish or compensate only those employees who are affected by the change. The two-year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two-year time period applies to all employees regardless of when the employee is hired. (6) For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel. [ 2016 c 202 § 55; 1998 c 334 § 2.] NOTES: Construction-1998 c 334: "Nothing in this act shall be construed to alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of June 11, 1998, until the expiration date of such agreement." [ 1998 c 334 § 3.] MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 8/26/19 PREVIOUS BRIEFING DATES: 6/17/19 If this is a follow-up briefing, please provide only new information ITEM: Approval to amend a contract with Mason General Hospital to provide hepatitis B vaccinations, respirator FIT medical reviews, testing and associated supplies. The three series hepatitis B shot cost is $225 per employee and $21 per employee for the Respirator FIT Testing and supplies. EXECUTIVE SUMMARY: Labor and Industry— OSHA requires Mason County to provide hepatitis B vaccinations, respirator FIT medical reviews and annual testing, blood borne testing and documentation. The contract with Mason General Hospital covers requirements that cannot be done by county staff. Employees needing this are; Deputies, Corrections Deputies, Detention Officers, Utilities &Waste —Landfill Attendants &CS&W Operators, Facilities & Parks, and Environmental Health — Septic Tank Inspectors. Special Funds will be billed for their employees. Mason General requested minor changes to contract approved on July 2, 2019. BUDGET IMPACTS: This is budgeted in the Human Resources budget. RECOMMENDED OR REQUESTED ACTION: Approval to amend the contract with Mason General for hepatitis B vaccines and respirator FIT medical reviews, testing and supplies. The three series hepatitis B shot cost is $225 per employee and $21 per employee for the Respirator FIT Testing and supplies. ATTACHMENTS: Mason General Hospital Contract MASON COUNTY and MASON GENERAL HOSPITAL and FAMILY OF CLINICS PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason General Hospital and Family of Clinics, referred to as "CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Hepatitis B vaccinations and Respiratory Fit medical reviews for County employees; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: SPECIAL CONDITIONS Safeguarding Personal Information: 1. Personal information collected, used or acquired in connection with this CONTRACT shall be used solely for the purposes of this CONTRACT. The CONTRACTOR agrees not to release, divulge, publish, transfer, sell or otherwise make known personal information without the express written consent of COUNTY or as provided by law. 2. CONTRACTOR agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information maintained by CONTRACTOR. The COUNTY reserves the right to monitor, audit or investigate the use of personal information collected, used or acquired by the CONTRACTOR through this CONTRACT to the extent required by law, the CONTRACTOR shall certify the return or destruction of all personal information upon expiration of this CONTRACT. 3. Any breach of this condition may result in termination of the CONTRACT pursuant to "Termination for Default" as set forth below and the demand for return of all records in connection with this CONTRACT. The CONTRACTOR agrees to indemnify and hold the COUNTY harmless for any damages related to the CONTRACTOR'S unauthorized use or disclosure of personal information. 4. The provisions of this Section shall be included in any of CONTRACTOR'S subcontract(s) relating to the services provide under this CONTRACT. 5. "Personal Information" shall mean non-publicly available information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, 1 addresses, telephone numbers, social security numbers, driver's license numbers, other identifying numbers, and any financial identifiers. Personal Information includes "Protected Health Information" as set forth in 45 CFR §160.103 as currently drafted and subsequently amended or revised and other information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW, 42 USC §§1320 et seq., 42 CFR Part 2, Chapters 70.02, 70.24. 70.96A and 71.05 RCW or other state and federal statutes and regulations governing confidentiality or disclosure. GENERAL CONDITIONS Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start on the date of last signature and will end December 31, 2020 Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than four years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer- employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, 2 attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and 3 in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RGVV 39.12.040, the Prevailing Wage Aot; the Americans with Disabilities Act of 1990; the Davis BaGGn AGtw,and the Contract Work Hours and Safety Standards Act providing for weekly payment of " k4g-wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital 4 status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY, as required by law or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any public records request orjudicial proceeding seeking disclosure of such information. CONTRACTOR agrees that upon receiving any request pursuant to the Public Records Act for public access to or disclosure of any confidential information as defined by this agreement of COUNTY's in CONTRACTOR's possession or control, CONTRACTOR will notify COUNTY of such request and provide at least 5 days written notice of such request prior to public disclosure of the documents. CONTRACT may take such efforts to assert or exercise any rights available to COUNTY under the Act to prevent or limit such public disclosure or access at COUNTY's sole and exclusive expense. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance 5 notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A co;;mi+. ent ir,, ludes but net 16M.ted +„ aRy epFe eRt + Cemain in -ffen+fnr a fixed peFiod or��n rr�+n+ies .. ......... ,.., ... ,,....... �....., , u,Tai-rare�r Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the negligence of the COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way 6 by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to the COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Human Resources Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Dawn Twiddy, Human Resources Manager Mason County Human Resources 411 N 5th Street Shelton, WA 98584 Phone: 360-427-9670 x422 E-mail: dawnt@co.mason.wa.us CONTRACTOR's Primary Contact's Information: Primary Billing Contact: Tina Brown Director, Business Office Mason General Hospital & Family of Clinics 901 Mountain View Drive PO BOX 1668 Shelton, WA 98584 7 Phone: 360-427-9573 Fax: 360-427-9597 Email: ibrown(@masongeneral.com'[TBi] Primary Operations Contact: Mark Batty Chief Operations Officer Same Address Phone: 360-427-9560 Fax: 360-427-1921 Email: mbatty@masongeneral.com Primary Contract Signer: Rick Smith Chief Financial Officer Same Address Phone: 360-432-3260 Fax: 360-427-1921 Email: rsmith@masongeneral.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: 8 COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy 9 available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award orjudgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Exhibit C Insurance Requirements C. Special Conditions D. General Condition E. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 10 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Mason General & Family of Clinics BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Rick Smith, Chief Financial Officer Kevin Shutty, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 11 EXHIBIT A SCOPE OF SERVICES CONTRACTOR will provide the following occupational health medical services to COUNTY Employees: 1. Hepatitis B Series Vaccination as required by WAC 296-823-13005. 2. A copy of the employee's hepatitis B vaccination status, including the dates of all the hepatitis B vaccinations shall be sent to Mason County Human Resources in a confidential marked envelope to be put in the employee's medical file, as required by WAC 296-823-17005. 3. Confidential mail should be clearly marked and mailed to: Mason County Human Resources 411 N 5th Street Shelton, WA 98584 4. Employee Respirator Fit Medical Review including written recommendation to employer and employee in accordance with WAC 296-842-14005. 5. Employee Respirator Fit Testing and provide appropriate testing supplies in accordance with WAC 296-842-15005. COUNTY'S Human Resources will provide employees with the Hepatitis B Vaccination Consent/Declination Form as well as the Medical Screening Form for Respirators prior to employees arriving at Mason General Hospital to receive their vaccination and/or Respirator Fit Test. COUNTY'S Human Resources will provide CONTRACTOR with the names of the employees that need a Hepatitis B Series Vaccination, an Employee Respirator Fit Medical Review and or Fit Testing. No other COUNTY Department may schedule or obtain copies of employee's records on behalf of COUNTY'S Human Resources. Should there be a staff change in COUNTY'S Human Resources, COUNTY will promptly notify CONTRACTOR. The current Staff is: Mason County Support Services Human Resources Frank Pinter, Support Services Director 360-427-9670 x530 fpinter@co.mason.wa.us Dawn Twiddy, HR Manager 360-427-9670 x422 dawnt@co.mason.wa.us Nichole Wilston, Risk & Safety Compliance Manager 360-427-9670 x643 nwilston@co.mason.wa.us Meghan Andrews, Personnel Analyst 360-427-9670 x290 meghana co.mason.wa.us 12 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated for actual services rendered. CPT 90746 Hepatitis B Vaccination (each dose) $105.00 CPT 90471 Immunization Administration (per injection) $ 39.90 CPT 94799 Respirator Fit Testing —Administration & Review $ 17.00 Fit Testing Supplies $ 4.00 B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; a list of employees with CPT code or description and any associated supply charge for each amount being billed per employee; invoice total; and any additional applicable information. 2. Submit via e-mail or hard copy as preferred to: Mason County Human Resources Dawn Twiddy, Human Resources Manager 411 N 511 Street Shelton, WA 98584 Phone: 360-427-8422 Fax: 360-427-8439 Email: dawnt(a--)co.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 13 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be"pay on behalf',with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 14 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 15 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 16 Frank and Mark— The following is our revised draft schedule of meetings and deliverables for the Criminal Justice Study. We are updating these dates based on hearing that the Mason County BOCC approved the contract on Wednesday, and based on me conversations with Mark last week, it seemed like Grays Harbor would be doing the same shortly. These revised dates have been coordinated with the project team. The shift in dates is to accommodate the Thanksgiving and Christmas Holiday n to the meeting schedule and to accommodate Karen Chinn's available schedule. She is wrapping up several large studies in September and October, and early November is the first dates of availability. The following is the anticipated schedule dates: • Kick Off Meeting—October 2, 2019 • Criminal Justice System Project Advisory Committees Meetings &Interviews with Criminal Justice System Officials Meetings—November 12, 13, &14, 2019 • Future Inmate Population and Justice System Requirements &Inmate Forecast— December 17 & 18, 2019 • Programming Meeting #1 with Stakeholders—January 14& 15, 2020 • Criminal Justice System Project Advisory Committee Follow up Meeting & Final Justice Study Presentation —January 16, 2020 • Programming Meeting #2 &Concept Design Meeting #1 with Stakeholders— February 5 &6, 2020 • Concept Design Meeting #2 with Stakeholders—February 26 &27, 2020 • Concept Design #3 &Preliminary Cost&Schedule Meeting with Stakeholders— March 11, 2020 • Cost Model Options— March 25 2020 • Funding Option Meeting #1 —April 8, 2020 • Funding Option Meeting #2—April 22, 2020 • Draft Report— May 13, 2020 • Final Document Submittal —June 4, 2020 We will be sending you a fair amount of homework for information and data to be gathered in September and October leading up to our major meetings in November, December and January. Please review the dates and let me know if there are any conflicts or issues. We will look for the contracts in the mail and turn them around as soon as possible. I will focus on getting all the consultant under contract as well. Thanks, Bill Valdez, PE, DBIA I Partner o 360.352.8883 1 d 360.528.2762 1 c 719.205.2375 BillValdezaKMB-architects.com KMB architects INTERLOCAL AGREEMENT FOR LOBBYING SERVICES THIS INTERLOCAL AGREEMENT FOR LOBBYING SERVICES ("Agreement") is entered into by and between the City of Shelton, a Washington municipal corporation ("City"), and Mason County, a political subdivision of the State of Washington ("County") collectively referred to hereinafter as the "Parties". WHEREAS,the Interlocal Cooperation Act, Chapter 39.34 RCW, provides public agencies may enter into agreements for joint and cooperative action; and WHEREAS,the Parties believe that certain capital funding items will enjoy enhanced legislative visibility for capital funding requests within the respective jurisdictions; and WHEREAS, this agreement secures joint lobbying for capital requests only; and WHEREAS, any lobbying for policy amendments shall be handled separately; and WHEREAS, County policy priorities shall be handled through a separately negotiated agreements with a professional lobbyist chosen by the County; and WHEREAS,the legislative bodies of each respective jurisdiction shall develop capital funding requests jointly at a meeting scheduled for that purpose in the early fall of each calendar year; and NOW,THEREFORE in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the parties as follows: 1. LOBBYING SERVICES Contingent upon approval and execution of this Agreement,the City of Shelton shall enter into a professional services agreement to secure effective lobbying services to help secure funding for capital funding requests. The City of Shelton will be the primary point of contact for lobbying services for each of the parties. 2. PAYMENT A. The City of Shelton shall negotiate a monthly rate for lobbying services. The negotiated rate will encompass capital project funding for both jurisdictions, and professional lobbying for City policy priorities. B. For the first three (3) years following adoption of this agreement the County shall pay 80%of the cost for professional lobbying services. C. Beginning in the fourth year,the Parties shall pay for the professional service as follows: City 55%County 45%of the negotiated rate. D. All payments shall be made by the City of Shelton. Mason County shall remit their portion of costs to the City on a monthly basis. 3. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by the Parties and shall continue in effect unless terminated as provided below. B. Any Party may withdraw from and terminate participation under this Agreement with thirty (30) day notice upon the receipt of advance written notice of intent to withdraw/terminate to the other party. The withdrawing Party shall be responsible for a proportionate share of applicable costs when termination by either Party becomes effective. 4. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiation, representation, or agreement, either written or oral. This Agreement may be modified, amended or added to only by written instrument properly signed by all participating Parties. 5. SEVERABILITY A. If a court of competent jurisdiction holds any part,term or provision of the Agreement to be illegal or invalid, in whole or in part,the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington,that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: August 26, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: An offer to purchase has been made on the following parcel: 22017-52-00087, 661 E. Lakeshore Drive E, Shelton in the amount of $4,600. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): This parcel is Tax Title and was deeded to Mason County on January 9, 2014. 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: $12,235 Current offer: $5,000 Listing price: $7,500 Days on Market: 139 Contingencies: 22D (Optional Clauses), 22K (Utilities), 35F (Feasibility) Other amounts due: As of August,2019 the back taxes owed are $1918.48 OPTIONS: Accept offer and set public hearing in order to sell property Counter offer Refuse offer ATTACHMENTS: Purchase and Sale Agreement Detail Report Briefing Summary 8/22/2019 Authentisign ID:BB4CC565-429F-4B54-B73B-8DB89C94F19B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: August 15,2019 MLS No.: 1416200 Offer Expiration Date: 8/16/2019 2. Buyer: Accurate Development,Inc. A corporation Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 220175200087 661 E Lakeshore Drive E Shelton Mason WA 98584 Address City County Slate Zip 5. Purchase Price: $4,600.00 Four Thousand Six Hundred Dollars 6. Earnest Money: $ 500.00 m Check; ❑ Note; ❑ Other (held by ❑Selling Firm; 64 Closing Agent) 7. Default: (check only one) 6I Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Colleen Reamer Company Individual(optional) 10. Closing Date: 8/30/2019 Possession Date: 0 on Closing; ❑ Other 11. Services of Closing Agent for Payment of Utilities: 0 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer;m prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 6211 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑must be subdivided before ; 0 is not required to be subdivided 15. Feasibility Contingency Expiration Date: 0__Z_days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: VI Buyer; ❑ Seller; ❑ both parties; ❑neither party Listing Broker represents: 0 Seller; ❑ both parties 17. Addenda: 22D(Optional Clauses) 22K(Utilities) 35F(Feasibility) rAufhsnti.:rrr J�LQI►Klo WafteG 08/15/2019 1 A;yg AA jpgtAL POT Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date Buyer's Address Seller's Address City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. tom@thomaswolter.com Buyer's E-mail Address Seller's E-mail Address RE/MAX Integrity 5017 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Thomas Wolter 71284 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (425)391-1997 (206)200-3325 (425)391-0626 (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. office@remax-integrity.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address tom@thomaswolter.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 44277 2181 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. AuthentisignID:8B4CC565-429F-4B54-B73B-8D889C94F19B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other parry or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 r9w] 08/15/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:884CC565.429F-4B54-B73B-8D889C94F19B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowners association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 1"1 08/15/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:8B4CC565429F-4654-B73B-8D889C94F19B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 19W] 08/15/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:8B4CC565429F-4B54.6738-8D889C94F19B Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 191W] 08/15/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:BB4CC565.429F-4B54-8738-8D889C94F19B Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 15,2019 1 between Accurate Development,Inc. ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 661 E Lakeshore Drive E Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ 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. 0 Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. m 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; 14 telephone; 30 ❑ cable; m electricity; m other Community Water Supply . 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 191W] 08/15/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:8B4CC565.429F4B54-B73B-8D889C94F19B Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev. OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED 2 o Page 2 of 2 PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2) years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a "move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by ❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. Id Other. 78 1. Thomas Wolter is a principal of Accurate Development, Inc. 79 2. Buyer to perform perk test at his own expense. 80 81 82 83 84 85 r9w] 08/15/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:BB4CC565.429F-4854-B73B-8DB89C94F19B Form 22K ©Copyright 2019 Identification of Utilities Addendum Northwest Multiple Listing Service Rev.7/19 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 August 15,2019 1 between Accurate Development,Inc. ("Buyer') 2 Buyer Buyer and Mason County ("Seller') 3 Seller Seller concerning 661 E Lakeshore Drive E Shelton WA 98584 (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: 8 Name e-mail or website(optional) 9 Address 10 City,State,Zip Fax.No.(optional) SEWER DISTRICT: 11 Name e-mail or website(optional) 12 Address 13 City,State,Zip Fax. No.(optional) IRRIGATION DISTRICT: 14 Name e-mail or website(optional) 15 Address 16 City,State,Zip Fax.No.(optional) GARBAGE: 17 Name e-mail or website(optional) 18 Address 19 City,State,Zip Fax.No.(optional) ELECTRICITY: 20 Name e-mail or website(optional) 21 Address 22 City,State,Zip Fax. No.(optional) GAS: 23 Name e-mail or website(optional) 24 Address 25 City,State,Zip Fax. No. (optional) SPECIAL DISTRICT(S): 26 (local improvement districts or Name e-mail or website(optional) utility local improvement districts) 27 Address 28 City,State,Zip Fax.No. (optional) 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 in re payment of, Seller's utility charges. 36 J`� 08/15/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:8B4CC565.429F-4854-B73B-8D889C94F19B Form 35F ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated August 15,2019 1 between Accurate Development,Inc. ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 661 E Lakeshore Drive E Shelton WA 98584 (the"Property"). 4 Address city Stale Zip Feasibility Contingency. Buyer shall verify within 7 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid;the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 IiJ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 r9w] 08/15/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:8B4CC565.429F-4B54-B73B-8D889C94F19B N MASON jJN TILE1 TY C�4s ppqq y Part of the Aegis Land Title Group Property Address: 661 E Lakeshore Drive East, Shelton, WA 98584 Timberlake No. 10 (Volume 7, Pages 88-91) 4a 08/15/2019 85 7Z 70 �.,. AIL30 �Lr111►/ ��� ♦ � �'�d, yeti Affff AW n 1PO R {� � 9`1 At Soo 67 This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matter related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com woo•all!,L,CIunoDuosrA-AvAm :al!S qaM 91LO-9Zb(090/PL6-9Z117(090:auogd 1178986 NM`u0ll34S`and PEO-11!Ed M OEI •uoilewaolui jagpn;jo;Aanms alemooe ue of apew aq pinoys aouaja;aa •galaNs sigl of palejaj ja)Aew Aue jo;A4i1igeil ou sawnsse Auedwoo aql •pagoeue st l!goigm of Aoilod jo luowliwwoo aqi A;ipow l[saop jou';o ped e lou si 11 -sauepunoq uoileool jo'sluawgoewoue'sluawssesse'suoisuawip'seaje'ol paliw!l lou lnq'6wpnpui Apadad aql of palelai siauew pe molts of papualui lou si 11 •puel Jaglo pue slaaals of aouajalaj glim uoajaq paleoipui puel agl aleool of aouaivanuoo a se pap!noid si 11 •Aanuns a lou si sig j 41 " a Er , h t 4, r. } nt Z'P �dno-jD a/p!jj�p"u�ol s.day aq}Jo lJod ,kN VJY�V:) 11111 AIN(100 N0svw' 861�46�68848-9ELe-459Y�6ZPS9S��Y8H 01 u6fs11uGLPny Authentisign ID:884CC565429F4B54-B73B-8D889C94F19B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 19w] 08/15/2019 EXHIBIT "A" Legal Description: Lot eightyseven (87), Timberlake No. 10, Volume 7 of Plats, pages 88 to 91, both inclusive, records of Mason County,Washington. Parcel No. 22017 52 00087 Abbreviated Legal: Lot 87,Timberlake No. 10 Parcel No(s): 22017-52-00087 Purported Address: 661 E Lakeshore Drive East, Shelton, WA 98584 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA A 08101/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:BB4CC565-429F-4B$4-B73B-80889C94F19B Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 1 between ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning (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 19,W] 08/15/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1416200 661 E Lakeshore Dr E,Shelton 98584 STAT: Active LP: $7,500 County: Mason LT: 87 BILK: CMTY: Timberlakes PRJ: Timberlake#10 Type: Vacant Land CDOM: 139 AR: 176 TAX: 220175200087 OLP: $7,500 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,Left on FIN: Crestview,Left on Timberlake Dr,right LD: 03/15/2019 onto E Pickering Dr.Right onto Annas Way XD: 10/16/2019 E.Property on Corner of Annas Way and E OMD: Lakeshore Dr E LAG: Richard Beckman(55681) PH: (360)790-1921 / FAX: (360)426-1645 PH Type: Cellular ry f LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 17202 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Timberlakes Right of First Refusal: No ACR: 0.340 LSF: 14,810 LSZ: WFG: DOC: WFT: LDE: Corner Lot,Paved Street VIEW HOA: RD: South RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Level SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191705 Marketing Remarks: Corner lot in the Timberlake Community.Community offers owners access to two lakes,clubhouse, parks and a salt waterfront park on Pickering Passage a short drive away. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 08/01/2019-12:13PM MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Patricia Grover, Mason County Noxious Weed Control Board Coordinator DEPARTMENT: WSU Extension — Mason County EXT: 592 Noxious Weed Control Board BRIEFING DATE: August 26, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Modification No. 3 — Participating Agreement No. 16-PA-11060900-006 between USDA Forest Service and Mason County Noxious Weed Control Board. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): BUDGET IMPACT: This modification adds $21,263.88 to the existing Financial Plan. At this time there is no impact to the 2019 budget. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Legal notice in the local paper of record (Shelton-Mason County Journal) is required annually prior to implementation of noxious weed control work on USDA Forest Service land. RECOMMENDED OR REQUESTED ACTION: Approval from Mason County Board of County Commissioners and signature from Kevin Shutty Chair, Mason County Commissioners (required on 2 original documents). ATTACHMENTS: - Modification No 3 Participating Agreement No. 16PA-11060900-006 - Revised Financial Plan Briefing Summary 8/20/2019 �v+ USDA Forest Service OMB 0596-0217 FS-1500-19 F MODIFICATION OF GRANT OR AGREEMENT PAGE OPAGES 1 1 3 1.U.S.FOREST SERVICE GRANT/AGREEMENT NUMBER: 2.RECIPIENT/COOPERATOR GRANT or 3.MODIFICATION NUMBER: 16-PA-11060900-006 AGREEMENT NUMBER,IF ANY: 03 4.NAMEIADDRESS OF U.S.FOREST SERVICE UNIT ADMINISTERING 5.NAME/ADDRESS OF U.S.FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT(unit name,street,city,state,and zip+4): PROJECT/ACTIVITY(unit name,street,city,state,and zip+4): Amy Verellen Susan Piper, Forest Wildlife Biologist and Terrestrial Grants Management Specialist Program Manager 215 Melody Lane Olympic National Forest Wenatchee, WA 98801 1835 Black Lake Blvd. SW Email: amy.verellen@usda.gov Olympia, WA 98512 Email: susan.piper@usda.gov 6.NAMEIADDRESS OF RECIPIENT/COOPERATOR(street,city,state,and zip+ 7.RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER(For HHS 4,county): payment use only): Patricia Grover Same Mason County Noxious Weed Control Board 303 N.4a'Street Shelton, WA 98584 8. PURPOSE OF MODIFICATION CHECK ALL This modification is issued pursuant to the modification provision in the grant/agreement THAT APPLY: referenced in item no. 1,above. ❑ CHANGE IN PERFORMANCE PERIOD: ® CHANGE IN FUNDING:Additional funding in the amount of$21,263.88. ® ADMINISTRATIVE CHANGES:Change Grants Management Specialist from Sarah Russell to Amy Verellen.See box 4. ® OTHER(Specify type of modification):Update U.S.Forest Service email addresses for Susan Piper(see box 5) and Albuquerque Service Center(see box 9). Except as provided herein,all terms and conditions of the Grant/Agreement referenced in 1,above,remain unchanged and in full force and effect. 9.ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION(add additional pages as needed): IV.THE U.S.FOREST SERVICE SHALL: A.PAYMENT/REIMBURSEMENT.The U.S.Forest Service shall reimburse the County for the U.S.Forest Service's share of actual expenses incurred,not to exceed$21,263.88,as shown in the Financial Plan.In order to approve a Request for Reimbursement,the U.S. Forest Service shall review such requests to ensure payments for reimbursement are in compliance and otherwise consistent with the terms of the agreement.The U.S.Forest Service shall make payment upon receipt of County's annual invoice.Each invoice from the County shall display the total project costs for the billing period,separated by U.S.Forest Service and the County's share.In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement.The final invoice must display the County's full match towards the project,as shown in the financial plan,and be submitted no later than 90 days from the expiration date. Each invoice must include,at a minimum: 1. The County's name,address,and telephone number. 2. U.S.Forest Service agreement number. 3. Invoice date. 4. Performance dates of the work completed(start&end). 5. Total invoice amount for the billing period,separated by the U.S.Forest Service and the County share with in-kind contributions displayed as a separate line item. 6. Display all costs,both cumulative and for the billing period,by separate cost element as shown on the financial plan. 7. Cumulative amount of U.S.Forest Service payments to date. 8. Statement that the invoice is a request for payment by"reimbursement". 9. If using SF-270,a signature is required. �+ USDA Forest Service OMB 0596-0217 FS-1500-19 IO.Invoice Number, if applicable. The invoice must be forwarded to: EMAIL:SM.FS.asc_ga@usda.gov FAX: 877-687-4894 POSTAL: USDA Forest Service Albuquerque Service Center Payments—Grants&Agreements 10113 Sun Ave NE Albuquerque.NM 87109 Send a copy to: Susan Piper(susan.piper@usda.gov) L. LIMITATION OF FUNDS. U.S. Forest Service funds in the amount of$21,263.88 and all remaining funds are currently available for performance of this instrument through September 30,2021.The U.S. Forest Service's obligation for performance of this instrument beyond is contingent upon the availability of appropriated funds from which payment can made.There is no legal liability on the part of the U.S. Forest Service for any payment may arise for performance under this instrument beyond this amount until the County receives notice of availability to be confirmed in a written modification by the U.S. Forest Service. 10. ATTACHED DOCUMENTATION (Check all that apply): Revised Scope of Work Revised Financial Plan Other: 11. SIGNATURES AUTHORIZED REPRESFNTATIVE: BY SIGNATURE BELOW,THE SIGNING PAR'IIF.S CliRlllY TIIA"I 111EY ARE"f HE OFFICIAL.RF.PRF-.SENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RFSPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFF.RF.NCED GRANT/AGREEMENT. I I.A.MASON COUNTY SIGNATURE I I.B.DATE I I.C.l(.S.FORES"1'SF.RVIC E SIGNAL"URF I I.D.DATE SIGNED SIGNED (Signature of Signator Official) (Signature of Signatory Official) 11.1:.NAME(type or print):KEVIN SHUTTY I I.F.NAME(type or print):RETA LAFORD I IG l I I LP(type or print) County Commissioner Chair 11.11.TffLE(type or print):Forest Supervisor, Olympic N.F. 12. G&A REVIEW 12.A.The authority and format of this modification#3(16-PA-I 1060900-006)have been reviewed and approved 12.8.DATE SIGNED for signature by: l 81�y�1 AMY D. V RELLEN U.S.Forest Service Grants&A reements Specialist Burden Statement According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a valid OMB control number.The valid OWS control number for this information collection is 0596-0217.The time required to complete this information collection is estimated to average 30 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,reprisal,or because all or part of an individual's income is derived from any public S USDA Forest Service OMB 0596-0217 FS-1500-19 assistance.(Not all prohibited bases apply to all programs.)Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape, etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free(866)632-9992(voice).TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay voice).USDA is an equal opportunity provider and employer. U.S. Forest Service OMB 0596-0217 FS-1500-17B USES Agreement No. 16PA11060900006 Mod. No.. 3 Cooperator Agreement No.: Agreements Financial Plan (Short Form) Financial Plan Matrix: Note:All columns may not be used Use depends on source and type of contribution(s). FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS (a) (c) (d) Cash COST ELEMENTS to Noncash In-Kind (e) Direct Costs Cooperator Total Salaries/Labor $3,622.70 $17,782.50 $4,923.65 SO 00 $26,328.85 Travel $0.00 $510.40 $280.00 $0.00 $790.40 Equipment $0.00 $0.00 $660.00 $0.00 $660.00 Supplies/Materials $0.00 $273.31 $350.00 $0.00 $623.31 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $720.00 $0.00 $720.00 Other $0.00 Subtotal S,.61-170 $18,566.21 $6,933.65 $0.00 $29,122.56 Coop Indirect Costs $2,697.67 $1,00746 $3,705.13 FS Overhead Costs $36227 $362.27 Total $3, $21,263.88 57.941 1 1 So 00 Total Project Value: $33,189.96 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding Matching Costs Determination Reimbursement Calculation Total Forest Service Share Forest Service reimbursement percent(as%of expenses directly incurred by the Cooperator--i.e., Cooperator's (a+b)-(e)=(f) 76.07% non-cash contributions only that are subject to Forest Service reimbursement) (b)_(b+c)=(i) (i) 72.81% Total Cooperator Share (g) Cooperator non-cash contributions not reimbursed by Forest Service (j) (c)_(b+c)_(j) (c+d)-(e)_(g) 23.93% 27.19% Reimbursable Amount=Total actual cost incurred to date(sum of cost elements from the Cooperator's Total(f+g)_(h) (h) invoice as prescribed in agreement provision and multiplied by 100.00% 72.81%1(i)minus any previous Forest Service payments,not to exceed the subtotal amount listed in column(b).) Page 1 WORKSHEET FOR FS Non-Cash Contribution Cost Analysis, Column a Salaries/Labor Standard Calculation Job Description ICost/Day #of Das I ITotal Invasive Plant Program Coordinator $362.27 10.00 $3,622.70 Total Salaries/Labor $3,622.70 Travel Standard Calculation Travel Expense lEmployees Cost/Trip 1# of Trips I ITotal $0.00 Total Travel $0.00 Equipment Standard Calculation Piece of Equipment 1#of Units ICost/Day 1#of Das I ITotal $0.00 Total Equipment $0.00 Supplies/Materials Standard Calculation Supplies/Materials 1 1#of Items I Cost/item ITotal $0.00 Total Supplies/Materials $0.00 Printing Standard Calculation Paper Material 1#of Units Cost/Unit I ITotal Total Printing $0.00 Other Expenses Standard Calculation Item J#of Units Cost/Unit I ITotal $0.00 Total Other F $0.00 Subtotal Direct Costs $3,622.70 Forest Service Overhead Costs Current Overhead Rate ISubtotal Direct Costs ITotal 10.00% $3,622.70 $362.27 Total FS Overhead Costs 1 1 $362.27 TOTAL COST $31984.97 WORKSHEET FOR FS Cash to the Cooperator Cost Analysis, Column b Salaries/Labor Standard Calculation Job Description ICost/Day 1#of Das I ITotal MCNWCB Coordinator $304.55 30.00 $9,136.50 Crewmember $172.92 50.00 $8,646.00 Total Salaries/Labor $17,782.50 Travel Non-Standard Calculation Travel to/from worksite 880 miles X 0.58/mile $510.40 Total Travel $510.40 Supplies/Materials Standard Calculation Supplies/Materials 1#of Items Cost/Item ITotal PPE, herbicide, hand pruners, heavy garbage bags, etc. $273.31 Total Supplies/Materials I F $273.31 Other Expenses Standard Calculation Item 1#of Units Cost/Unit I ITotal Total Other 1 $0.00 Subtotal Direct Costs $18,566.21 Cooperator Indirect Costs Current Overhead Rate ISubtotal Direct Costs I ITotal 14.53% $18,566.21 $2,697.67 Total Coop. Indirect Costs F $2,697.67 TOTAL COST $211263.88 WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column c Salaries/Labor Standard Calculation Job Description ICost/Day # of Das I ITotal MCNWCB Coordinator $304.55 10.00 $3,045.50 Office Manager $313.03 6.00 $1,878.15 Total Salaries/Labor $4,923.65 Travel Standard Calculation Travel Expense lEmployees Cost/Trip 1#of Trips I ITotal Vehicle Use/Mileage 1 $28.00 10.00 $280.00 Total Travel $280.00 Equipment Standard Calculation Piece of Equipment 1#of Units ICost/Day #of Das I ITotal Non-Standard Calculation Backpack Sprayers 3.00 $140.00 $420.00 Misc. Small tools 3.00 $80.00 $240.00 Total Equipment $660.00 Supplies/Materials Non-Standard Calculation PPE/Field Supplies - 1 st aid kits, vests, garbage bags, spill kit, safety glasses, weather equip, etc. $250.00 Office Supplies $100.00 Total Supplies/Materials $350.00 Other Expenses Non-Standard Calculation Storage building - $60/month x 12 months $720.00 Total Other $720.00 Subtotal Direct Costs $6,933.65 Cooperator Indirect Costs Current Overhead Rate ISubtotal Direct Costs ITotal 14.53% $6,933.65 $1,007.46 Total Coop. Indirect Costs 1 $1,007.46 TOTAL COST $77941 .11 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services, Planning EXT: 286 BRIEFING DATE: August 26, 2019 PREVIOUS BRIEFING DATES: July 22 If this is a follow-up briefing, please provide only new information ITEM: Public Hearing on August 27 to consider two rezone requests: • Rezoning from Rural Industrial (RI) to Rural Residential 2.5 (RR2.5) • Rezoning from Rural Residential 2.5 (RR2.5) to Rural Industrial (RI) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Planning Department received two rezone requests for adjacent parcels in the Taylor Town Rural Activity Center(RAC)from two separate owners. The Planning Advisory Commission held a public hearing on July 15, 2019.They recommended approval of one rezone (RI to RR2.5) and denied approval of the other request(RR2.5 to RI). BUDGET IMPACT: None PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) Public Hearing was published two times in Journal on August 15 and 22, 2019. Members of the public who testified at the Planning Commission were mailed Notice of Hearing for the BOCC public hearing. ATTACHMENTS: See Public Hearing Packet for August 27 Briefmg Summary 8/21/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 8/26/2019 PREVIOUS BRIEFING DATES: 4/15/2019 and 6/17/2019 If this is a follow-up briefing, please provide only new information ITEM: Contract between Mason County Public Health and Online RME EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): See also previous briefing. Staff and the Onsite Sewage Advisory Committee have mutually decided Mason County should proceed with changing providers for the Sewage System maintenance database. Currently this online database is provided by Carmody Inc., proposal is to change to Online RME. Online RME has been found it can provide the same level of service, but at a reduced cost to the county budget. In addition, the system is more widely used in the Puget Sound area, so realtors and contractors are familiar with it and no longer would need to utilize multiple systems. Jefferson Co, Kitsap Co, Thurston Co, and Pierce Co all utilize Online RME for these services. The public access to Online RME has also been found to be more user friendly, where homeowners can quickly navigate to system history and past reports. The proposed reporting information should improve staff efficiency, while prioritizing top public health hazards such as surfacing sewage. BUDGET IMPACT: Savings of$2200 to 2019 budget. Savings of $6600 to future budgets. (Online RME charges a $3 fee to subscribers (septic maintenance contractors) per report/ service event) PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) Previous briefing dates, several Onsite Sewage Advisory Committee Meetings. RECOMMENDED OR REQUESTED ACTION: Place on September 3rd Agenda for approval of contract between Mason County and Online RME. ATTACHMENTS: Professional Services Contract Agreement between MC and Online RME. Briefing Summary 8/20/2019 PROFESSIONAL SERVICES CONTRACT AGREEMENT BETWEEN MASON COUNTY PUBLIC HEALTH AND ONLINE RME, LLC THIS AGREEMENT is between MASON COUNTY PUBLIC HEALTH (MCPH), located at 415 N. 6th Street, Shelton, WA 98584 and ONLINE RME, LLC (CONTRACTOR), located at 814 Airway Ave, Sutherlin, OR 97479 and is made effective as of the date signed below by MCPH. MCPH and Contractor are also referred to as the "Parties" and each as "Party". THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE a web-based service that provides data collection and reporting tools to allow certified Onsite Sewage System professionals to submit pumping and maintenance reports on-line. This will be a hosted Software system that provides on-line service to MCPH staff and certified professionals in a stable and secured technological environment. Where, Mason County recognizes the needs to inventory and track OSS maintenance activities to minimize surfacing sewage and/or public health threats. In addition to requirements set forth by Mason County Code 6.76 and WAC246-272A for maintenance of these onsite sewage systems by their owners. THEREFORE, IT IS MUTUALLY AGREED THAT: 1. CONTRACTOR SHALL PROVIDE: a) A Web-based service that allows data collection and reporting tools for certified On-Site Sewage System professionals to submit service reports on-line. b) Data conversion services from existing Mason County data, extracted from Carmody Inc. in order to maintain access to past system history and parcel information; c) Continuous access to web base service and applicable services contained within to Mason County staff and certified professionals; d) Internet-based public access to inspection data submitted by Mason County certified professionals; e) Automated electronic processes for retrieval of specific data points, determined through collaboration, entered by the Mason County certified professionals into the software as such frequency as meets the needs of MCPH and have been mutually agreed upon between parties. This shall mean daily data retrieval; f) MCPH with queried data for requested data parameters upon reasonable requests; g) Training for MCPH staff and Mason County certified professionals for the use of the software. Training may include, but not limited to: Written documentation, Verbal communication, In-person training sessions, and E-mail correspondence. h) Input of homeowner inspection reports by MCPH staff for up to a reasonable amount agreed upon by the CONTRACTOR, free of reporting charges. 2. MCPH SHALL: a) Inform Contractor in writing of any fee changes that may affect services performed within (30) business days of such said fee changes. 3. COMPENSATION: a) Mason County Public Health shall not be charged by the Contractor for services performed under this agreement. Contractor independent of MCPH charges and collects fees from clients for the use of this service. 4. TERM: a) The initial term of this Agreement is date of signing below through DECEMBER 30T" 2021. This Agreement may be automatically extended in one-year increments through December 30'h, 2025, provided both parties agree. 5. SUBCONTRACTING: a) The Contractor shall not subcontract, assign or delegate any rights or obligations under this agreement, either in whole or in part, without the prior written approval of MCPH. 6. TERMINATION: a) MCPH may terminate this Agreement in whole or in part, at any time by written Notice sent certified mail, return receipt requested, to the Contractor. b) Within sixty (60) days of notification of termination of this Agreement, the Contractor shall provide MCPH with dedicated data files suitable for importation into commercially available database software (e.g. MS-Access or MS-SQL). The dedicated data files will be comprised of MCPH's data contained in the Contractor's system. The structure of the relational database will be specific to MCPH's data and will not be representative of the proprietary Contractor database. 7. SEVERABILITY: a) If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provisions, and to this end the provisions of this Agreement are declared to be severable. 8. INDEMNIFICATION/HOLD HARMLESS a) To the fullest extent permitted by law, the Contractor hereby indemnifies, defends, and holds MCPH harmless from any and all loss, damage, suits, liability, claims, demands or costs, whatsoever, whether arising at law or in equity, or sounds in tort, contract or other causes of action arising from any claim or liability resulting from Contractor's performance of services described under this Agreement, except to the extent caused by the negligence of MCPH. 9. INDEPENDENT CONTRACTOR a) The Contractor and MCPH understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor expressly represents, warrants and agrees that his status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195 or as hereafter amended. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Contractor shall make no claim of MCPH employment nor shall claim any related employment benefits, social security, and/or retirement benefits. b) The Contractor shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deduction from income which may be required by law or assessed against either party as a result of this Agreement. In the event MCPH is assessed a tax or assessment as a result of this Agreement, the Contractor shall pay the same before it becomes due. 10. AUTHORITY TO BIND PARTIES AND ENTER INTO AGREEMENT The undersigned represent that they have full authority to enter into this Agreement and to bind the parties for and on behalf of the legal entities set forth below. IN WITNESS WHEREOF, the parties have executed the Contract: MASON COUNTY PUBLIC HEALTH: ONLINE, RME: Kevin Shutty, Chair Board of County Commissioners Reviewed by (as to form): Tim Whitehead, Chief Deputy Prosecuting Attorney Contact: Alex Paysse, MCPH Contact: Eric Evans, Online Phone: 360-427-9670, Ext. 279 RME Phone: MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING AUGUST 26,2019 Briefing Items 1. Skokomish Project Partnership Agreement signature authority for Chair(Loretta) 2. Belfair Capital Facility Charges(CFC)(Loretta) Discussion Items • Community and Economic Development Strategies Project List(Loretta) • Belfair Transfer Station(Loretta/Zach) • Update on Hoodsport(Diane) • Update on Highland Road Project(Diane) Commissioner Follow-Up Items • Cherry Park(Diane) Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty Loretta Swanson Sharon Trask Others: (List below) WORKSESSION @ 10:30am 1. Annual TIP-CAP Recommendation on the 2020-2025 6year-TIP Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty _Loretta Swanson Sharon Trask Others: (List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: August 26, 2019 PREVIOUS BRIEFING DATES: July 30, 2019 (If this is a follow-up briefing, please provide only new information) ITEM: Skokomish Ecosystem Restoration - Project Partnership Agreement EXECUTIVE SUMMARY: Mason County and project partners have been working for many years to implement holistic changes within the Skokomish watershed that yield multiple benefits. Extensive work has occurred in the upper watershed and estuary in preparation for work in the valley. This project partnership agreement commits the United States Army Corps of Engineers and local partners Mason County, Skokomish Indian Tribe and the State of Washington Department of Natural Resources to constructing five projects within the valley. BUDGET IMPACT: Total project construction cost excluding monitoring and adaptive management is $22,088,000. The local cost share is $7,730,800 (35%) of which an estimated $4,397,203 in cash is needed. The remainder is made up by real estate and in-kind work. The Mason Conservation District has secured grants to acquire real estate, pay for staff time, and local construction cost share. The Federal and local cost share is attached. Additionally, project partners will share in post-construction monitoring and adaptive management, of which the local share is projected to be $216,000. Mason County will also have on-going operation and maintenance requirements after the period for adaptive management expires. PUBLIC OUTREACH: A signing ceremony is scheduled for September 17, 2019. RECOMMENDED OR REQUESTED ACTION: Move that the Board authorize the Chair to sign the Project Partnership Agreement between the Department of Army, Mason County, Skokomish Indian Tribe, and the State of Washington, Department of Natural Resources. ATTACHMENTS: Project Partnership Agreement and Certifications Cost share allocation Briefing Summary PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND MASON COUNTY AND THE SKOKOMISH INDIAN TRIBE AND STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES FOR SKOKOMISH RIVER BASIN ECOSYSTEM RESTORATION PROJECT THIS AGREEMENT is entered into this day of ,2019,by and between the Department of the Army(hereinafter the"Government"),represented by the U.S.ARMY ENGINEER,SEATTLE DISTRICT(hereinafter the"District Engineer") and MASON COUNTY,THE SKOKOMISH INDIAN TRIBE(hereinafter the"Non-Federal Sponsors"), represented by its Chair,Mason County Board of Commissioners and the Chair,Skokomish Tribal Council,and the STATE OF WASHINGTON,DEPARTMENT OF NATURAL RESOURCES(hereinafter"DNR"), represented by the Commissioner of Public Lands respectively. WITNESSETH,THAT: WHEREAS, construction of the Skokomish River Basin Ecosystem Restoration Project(hereinafter the"Project", as defined in Article I.A.of this Agreement)was authorized by Congress in Section 1401 of the Water Infrastructure Improvements for the Nation Act of 2016(Public Law 114-322,December 16,2016). WHEREAS, Section 103 of the Water Resources Development Act of 1986,Public Law 99-662, as amended(33 U.S.C.2213), specifies the cost-sharing requirements applicable to the Project; WHEREAS,the Non-Federal Sponsors have waived reimbursement for the value of real property interests and relocations that exceed 35 percent of construction costs; and WHEREAS,the Government and the Non-Federal Sponsors have the full authority and capability to perform in accordance with the terms of this Agreement and acknowledge that Section 221 of the Flood Control Act of 1970, as amended(42 U.S.C. 1962d-5b),provides that this Agreement shall be enforceable in the appropriate district court of the United States;and WHEREAS,the Government and the DNR have the full authority and capability to perform in accordance with the terms of this Agreement provided the responsibility of the DNR shall be limited to providing certain lands,easements,and rights-of-way for the Project that are owned by the State of Washington and administered by DNR. NOW,THEREFORE,the parties agree as follows: ARTICLE I-DEFINITIONS A. The term"Project"means the Skokomish Project including a levee removal,a side channel reconnection,placement of large woody debris in the upstream reaches of the river,and wetland restoration at two sites as generally described in the Skokomish River Basin Ecosystem Restoration Integrated Feasibility Report and Environmental Impact Statement dated April,2015 and approved by the Chief of Engineers,on December 14,2015 (hereinafter the"Decision Document"). B. The term"construction costs"means all costs incurred by the Government and Non- Federal Sponsors in accordance with the terms of this Agreement that are directly related to design and construction of the Project and cost shared. The term includes, but is not necessarily limited to: the Government's costs and the Non-Federal Sponsors' creditable contributions pursuant to the terms of the Design Agreement executed on August 12,2016;the costs of historic preservation activities except for data recovery for historic properties;the Government's costs of engineering, design,and construction, including cost shared monitoring and adaptive management, if any;the Government's supervision and administration costs;the Non-Federal Sponsors' creditable costs for providing real property interests and relocations and for providing in-kind contributions, if any. The term does not include any costs for operation,maintenance, repair,rehabilitation,or replacement;dispute resolution;participation by the Government and the Non-Federal Sponsors in the Project Coordination Team to discuss significant issues and actions;or audits;or the Non-Federal Sponsors' cost of negotiating this Agreement. C. The term"real property interests"means lands, easements,and rights-of-way, including those required for relocations and borrow and dredged material placement areas. Acquisition of real property interests may require the performance of relocations. D. The term"relocation"means the provision of a functionally equivalent facility to the owner of a utility, cemetery,highway,railroad, or public facility when such action is required in accordance with applicable legal principles of just compensation. Providing a functionally equivalent facility may include the alteration, lowering,raising, or replacement and attendant demolition of the affected facility or part thereof. E. The term"functional portion thereof"means a portion of the Project that has been completed and that can function independently,as determined in writing by the District Commander for Seattle District(hereinafter the"District Commander"), although the remainder of the Project is not yet complete. F. The term"cost shared monitoring"means those activities, including the collection and analysis of data, for a period not to exceed 10 years,that the Government identifies as necessary to determine if predicted outputs of the Project are being achieved and to determine if adaptive management is necessary, as generally described in the Decision Document. The term does not include monitoring after the Division Commander for Northwestern Division (hereinafter the 2 "Division Commander")has determined that ecological success has been achieved or monitoring beyond the 10-year period,with any such monitoring the responsibility of the Non-Federal Sponsors, at no cost to the Government. G. The term"cost shared adaptive management"means physical modifications to the Project,in response to the cost shared monitoring results to ensure the functionality and benefits of the Project are garnered,as explicitly described in the performance standards section of the adaptive management plan or other sections in the Decision Document. The term does not include operational changes,which are the responsibility of the Non-Federal Sponsors, at no cost to the Government, as part of operation and maintenance of the Project. H. The term"in-kind contributions"means those materials or services provided by the Non-Federal Sponsors that are identified as being integral to the Project by the Division Commander. To be integral to the Project,the material or service must be part of the work that the Government would otherwise have undertaken for design and construction of the Project. The in-kind contributions also include any investigations performed by the Non-Federal Sponsors to identify the existence and extent of any hazardous substances that may exist in,on, or under real property interests required for the Project. I. The term"fiscal year"means one year beginning on October 1st and ending on September 30th of the following year. J. The term"Maximum Cost Limit"means the statutory limitation on the total cost of the Project,as determined by the Government in accordance with Section 902 of the Water Resources Development Act of 1986,as amended, if applicable to the Project, and Government regulations issued thereto. K. The term "DNR Parcel"means aquatic lands owned by the State of Washington and administered by DNR that are located along the Skokomish River from River Mile 6 to River Mile 11 within the project footprint,approximately on, in or adjacent to Sections 7, 8, 9, 16, 17, and 18,Township 21 North,Range 4 West, and Sections 1, 12, and 13,Township 21 North, Range 5 West, in Mason County, Washington; and this term expressly excludes any lands or aquatic lands held in trust by the United States of America on behalf of the Skokomish Indian Tribe. (This definition of DNR Parcel shall not waive any claim of ownership by the State or by the Skokomish Indian Tribe with respect to the beds and shores of the Skokomish River.) ARTICLE II-OBLIGATIONS OF THE PARTIES A. In accordance with Federal laws,regulations, and policies,the Government shall undertake construction of the Project using funds appropriated by the Congress and funds provided by the Non-Federal Sponsors. B. The Non-Federal Sponsors shall contribute 35 percent of construction costs,as follows: 3 1. In accordance with Article III,the Non-Federal Sponsors and DNR shall provide the real property interests and relocations required for construction,operation,and maintenance of the Project. 2. In providing in-kind contributions, if any,the Non-Federal Sponsors shall obtain all applicable licenses and permits necessary for such work. As functional portions of the work are completed,the Non-Federal Sponsors shall begin operation and maintenance of such work. Upon completion of the work,the Non-Federal Sponsors shall so notify the Government within 30 calendar days and provide the Government with a copy of as-built drawings for the work. 3. After considering the estimated amount of credit that will be afforded to the Non-Federal Sponsors pursuant to paragraphs B.1. and B.2., above,the Government shall determine the estimated amount of funds required from the Non-Federal Sponsors to meet its 35 percent cost share for the then-current fiscal year. No later than 60 calendar days after receipt of notification from the Government,the Non-Federal Sponsors shall provide the full amount of such required funds to the Government in accordance with Article VI. 4. No later than August 1st prior to each subsequent fiscal year,the Government shall provide the Non-Federal Sponsors with a written estimate of the full amount of funds required from the Non-Federal Sponsors during that fiscal year to meet their cost share. Not later than September 1'prior to that fiscal year,the Non-Federal Sponsors shall provide the full amount of such required funds to the Government in accordance with Article VI. C. To the extent practicable and in accordance with Federal law,regulations, and policies,the Government shall afford the Non-Federal Sponsors the opportunity to review and comment on solicitations for contracts, including relevant plans and specifications,prior to the Government's issuance of such solicitations;proposed contract modifications, including change orders; and contract claims prior to resolution thereof. Ultimately,the contents of solicitations, award of contracts,execution of contract modifications,and resolution of contract claims shall be exclusively within the control of the Government. D. The Government, as it determines necessary, shall undertake actions associated with historic preservation, including,but not limited to,the identification and treatment of historic properties as those properties are defined in the National Historic Preservation Act(NHPA)of 1966, as amended. All costs incurred by the Government for such work(including the mitigation of adverse effects other than data recovery) shall be included in construction costs and shared in accordance with the provisions of this Agreement. If historic properties are discovered during construction and the effect(s)of construction are determined to be adverse, strategies shall be developed to avoid,minimize or mitigate these adverse effects. In accordance with 54 U.S.C. 312507,up to 1 percent of the total amount authorized to be appropriated for the Project may be applied toward data recovery of historic properties and such costs shall be borne entirely by the Government. In the event that costs associated with data recovery of historic properties exceed 1 percent of the total amount authorized to be appropriated for the Project, in accordance with 54 U.S.C. 312508,the Government will seek a waiver from the 1 percent limitation under 54 U.S.C. 312507 and upon receiving the waiver,will proceed with data recovery at full federal expense. 4 Nothing in this Agreement shall limit or otherwise prevent the Non-Federal Sponsors from voluntarily contributing costs associated with data recovery that exceed 1 percent. E. When the District Commander determines that construction of the Project,excluding cost shared monitoring and adaptive management, or a functional portion thereof, is complete, within 30 calendar days of such determination,the District Commander shall so notify the Non- Federal Sponsors in writing and the Non-Federal Sponsors,at no cost to the Government, shall operate,maintain, repair, rehabilitate,and replace the Project,or such functional portion thereof. The Government shall furnish the Non-Federal Sponsors with an Operation,Maintenance, Repair,Rehabilitation,and Replacement Manual(hereinafter the"OMRR&R Manual")and copies of all as-built drawings for the completed work. The Government shall provide the Non- Federal Sponsors with an updated OMRR&R Manual and as-built drawings,as necessary,based on the cost shared monitoring and adaptive management. 1. The Non-Federal Sponsors shall conduct operation,maintenance, repair, rehabilitation,and replacement responsibilities in a manner compatible with the authorized purpose of the Project and in accordance with applicable Federal laws and specific directions prescribed by the Government in the OMRR&R Manual. The Government and the Non-Federal Sponsors shall consult on any subsequent updates or amendments to the OMRR&R Manual. 2. The Government may enter,at reasonable times and in a reasonable manner, upon real property interests that the Non-Federal Sponsors now or hereafter owns or controls to inspect the Project, and, if necessary,to undertake any work necessary to the functioning of the Project for its authorized purpose. If the Government determines that the Non-Federal Sponsors are failing to perform their obligations under this Agreement and the Non-Federal Sponsors do not correct such failures within a reasonable time after notification by the Government,the Government,at its sole discretion, may undertake any operation,maintenance,repair, rehabilitation,or replacement of the Project. No operation, maintenance,repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal Sponsors of their obligations under this Agreement or preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance of this Agreement. F. The Non-Federal Sponsors shall prevent obstructions or encroachments on the Project (including prescribing and enforcing regulations to prevent such obstructions or encroachments) that might reduce the outputs produced,hinder operation and maintenance,or interfere with the proper function of the Project. G. The Non-Federal Sponsors shall not use the Project, or real property interests required for construction,operation,and maintenance of the Project, as a wetlands bank or mitigation credit for any other project. H. The Non-Federal Sponsors shall not use Federal program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the Project. Federal program funds are those funds provided by a Federal agency, plus any non-Federal contribution required as a matching share therefor. 5 I. In carrying out its obligations under this Agreement,the Non-Federal Sponsors shall comply with all the requirements of applicable Federal laws and implementing regulations, including,but not limited to: Section 601 of the Civil Rights Act of 1964(P.L. 88-352),as amended(42 U.S.C.2000d),and Department of Defense Directive 5500.11 issued pursuant thereto;the Age Discrimination Act of 1975 (42 U.S.C. 6102);and the Rehabilitation Act of 1973, as amended(29 U.S.C. 794),and Army Regulation 600-7 issued pursuant thereto. J. In addition to the ongoing,regular discussions of the parties in the delivery of the Project,the Govermnent and the Non-Federal Sponsors may establish a Project Coordination Team to discuss significant issues or actions. The Government's costs for participation on the Project Coordination Team shall not be included in construction costs that are cost shared but shall be included in calculating the Maximum Cost Limit. The Non-Federal Sponsors' costs for participation on the Project Coordination Team shall not be included in construction costs that are cost shared and shall be paid solely by the Non-Federal Sponsors without reimbursement or credit by the Government. K. The parties to this Agreement acknowledge and agree that the obligations and responsibilities of DNR under the provisions of this Agreement are limited to providing the DNR Parcel for the construction,operation,maintenance,repair, rehabilitation,and replacement of the Project in accordance with the provisions of this Agreement. ARTICLE III-REAL PROPERTY INTERESTS,RELOCATIONS,AND COMPLIANCE WITH PUBLIC LAW 91-646,AS AMENDED A. The Government,after consultation with the Non-Federal Sponsors, shall determine the real property interests needed for construction,operation,and maintenance of the Project. The Government shall provide the Non-Federal Sponsors with general written descriptions, including maps as appropriate, of the real property interests that the Government determines the Non- Federal Sponsors must provide for construction, operation,and maintenance of the Project, and shall provide the Non-Federal Sponsors with a written notice to proceed with acquisition. The Non-Federal Sponsors shall acquire the real property interests and shall provide the Government with authorization for entry thereto in accordance with the Government's schedule for construction of the Project. The Non-Federal Sponsors shall ensure that real property interests provided for the Project are retained in public ownership for uses compatible with the authorized purposes of the Project. 1. Prior to the issuance of the solicitation for a Government contract for construction of the Project,or prior to the Government incurring any financial obligations for construction of a portion of the Project using the Government's own forces, for which the Government determines that the DNR Parcel is required,DNR shall provide the Government and the Non-Federal Sponsors with an authorization to enter onto the DNR Parcel for the purposes set forth in this Agreement. DNR shall ensure that the DNR Parcel that the Government determines to be required for the Project and that was provided by DNR is retained in public ownership for uses compatible with the authorized purposes of the Project. 6 B. The Government,after consultation with the Non-Federal Sponsors, shall determine the relocations necessary for construction,operation,and maintenance of the Project, and shall provide the Non-Federal Sponsors with general written descriptions, including maps as appropriate,of such relocations and shall provide the Non-Federal Sponsors with a written notice to proceed with such relocations. The Non-Federal Sponsors shall perform or ensure the performance of these relocations in accordance with the Government's construction schedule for the Project. C. To the maximum extent practicable, not later than 30 calendar days after the Government provides to the Non-Federal Sponsors written descriptions and maps of the real property interests and relocations required for construction,operation,and maintenance of the Project,the Non-Federal Sponsors may request in writing that the Government acquire all or specified portions of such real property interests,or perform the necessary relocations. If the Government agrees to such a request,the Non-Federal Sponsors, in accordance with Article VI.F.,must provide funds sufficient to cover the costs of the acquisitions,or relocations in advance of the Government performing the work. The Government shall acquire the real property interests,and perform the relocations,applying Federal laws,policies,and procedures. The Government shall acquire real property interests in the name of the Non-Federal Sponsors except, if acquired by eminent domain,the Government shall convey all of its right,title and interest to the Non-Federal Sponsors by quitclaim deed or deeds. The Non-Federal Sponsors shall accept delivery of such deed or deeds. The Government's providing real property interests or performing relocations on behalf of the Non-Federal Sponsors does not alter the Non-Federal Sponsors' responsibility under Article IV for the costs of any cleanup and response related thereto. D. As required by Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,Public Law 91-646, as amended(42 U.S.C.4630 and 4655), and Section 24.4 of the Uniform Regulations contained in 49 C.F.R.Part 24,the Non- Federal Sponsors assure that(1)fair and reasonable relocation payments and assistance shall be provided to or for displaced persons,as are required to be provided by a Federal agency under Sections 4622,4623 and 4624 of Title 42 of the U.S.Code; (2)relocation assistance programs offering the services described in Section 4625 of Title 42 of the U.S. Code shall be provided to such displaced persons;(3)within a reasonable period of time prior to displacement,comparable replacement dwellings will be available to displaced persons in accordance with Section 4625(c)(3)of Title 42 of the U.S.Code; (4) in acquiring real property,the Non-Federal Sponsors will be guided,to the greatest extent practicable under State law,by the land acquisition policies in Section 4651 and the provision of Section 4652 of Title 42 of the U.S. Code;and(5)property owners will be paid or reimbursed for necessary expenses as specified in Sections 4653 and 4654 of Title 42 of the U.S. Code. ARTICLE IV-HAZARDOUS SUBSTANCES A. The Non-Federal Sponsors shall be responsible for undertaking any investigations to identify the existence and extent of any hazardous substances regulated under the 7 Comprehensive Environmental Response,Compensation,and Liability Act(hereinafter "CERCLA")(42 U.S.C. 9601-9675),that may exist in, on,or under real property interests required for construction,operation, and maintenance of the Project. However, for real property interests that the Government determines to be subject to the navigation servitude,only the Government shall perform such investigations unless the District Commander provides the Non- Federal Sponsors with prior specific written direction, in which case the Non-Federal Sponsors shall perform such investigations in accordance with such written direction. B. In the event it is discovered that hazardous substances regulated under CERCLA exist in,on, or under any of the required real property interests,within 15 calendar days of such discovery,the Non-Federal Sponsors and the Government, in addition to providing any other notice required by applicable law, shall provide written notice to each other, and the Non-Federal Sponsors shall not proceed with the acquisition of such real property interests until the parties agree that the Non-Federal Sponsors should proceed. C. If hazardous substances regulated under CERCLA are found to exist in,on,or under any required real property interests,the parties shall consider any liability that might arise under CERCLA and determine whether to initiate construction,or if already initiated,whether to continue construction, suspend construction, or terminate construction. 1. Should the parties initiate or continue construction,the Non-Federal Sponsors shall be responsible, as between the Government and the Non-Federal Sponsors, for the costs of cleanup and response, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall be paid solely by the Non-Federal Sponsors without reimbursement or credit by the Government. 2. In the event the parties cannot reach agreement on how to proceed or the Non- Federal Sponsors fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsors' responsibilities under this Article upon direction by the Government,the Government may suspend or terminate construction,but may undertake any actions it determines necessary to avoid a release of such hazardous substances. D. In the event of a discovery,the Non-Federal Sponsors and the Government shall initiate consultation with each other within 15 calendar days in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsors,the Non-Federal Sponsors shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable,the Non-Federal Sponsors shall operate, maintain,repair, rehabilitate,and replace the Project in a manner that will not cause liability to arise under CERCLA. 8 ARTICLE V-CREDIT FOR REAL PROPERTY INTERESTS,RELOCATIONS,AND IN- KIND CONTRIBUTIONS A. The Government shall include in construction costs, and credit towards the Non- Federal Sponsors share of such costs,the value of Non-Federal Sponsors provided real property interests and relocations,and the costs of in-kind contributions determined by the Government to be required for the Project. B. To the maximum extent practicable,no later than 3 months after it provides the Government with authorization for entry onto a real property interest or pays compensation to the owner,whichever occurs later,the Non-Federal Sponsors shall provide the Government with documents sufficient to determine the amount of credit to be provided for the real property interest in accordance with paragraphs C.1. of this Article. To the maximum extent practicable, no less frequently than on a quarterly basis,the Non-Federal Sponsors shall provide the Government with documentation sufficient for the Government to determine the amount of credit to be provided for other creditable items in accordance with paragraph C. of this Article. C. The Government and the Non-Federal Sponsors agree that the amount of costs eligible for credit that are allocated by the Government to construction costs shall be determined and credited in accordance with the following procedures,requirements,and conditions. Such costs shall be subject to audit in accordance with Article X.B.to determine reasonableness, allocability, and allowability of costs. 1. Real Property Interests. a. General Procedure.The Non-Federal Sponsors shall obtain, for each real property interest,an appraisal of the fair market value of such interest that is prepared by a qualified appraiser who is acceptable to the parties. Subject to valid jurisdictional exceptions, the appraisal shall conform to the Uniform Standards of Professional Appraisal Practice. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. (1) Date of Valuation. For any real property interests owned by the Non-Federal Sponsors on the effective date of this Agreement and required for construction performed after the effective date of this Agreement,the date the Non-Federal Sponsors provide the Government with authorization for entry thereto shall be used to determine the fair market value. For any real property interests required for in-kind contributions covered by an In-Kind Memorandum of Understanding,the date of initiation of construction shall be used to determine the fair market value. The fair market value of real property interests acquired by the Non- Federal Sponsors after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired.The fair market value of the DNR Parcel provided by DNR shall be the fair market value of such parcel as of the date that DNR provides the Government with authorization for entry thereto. (2) Except for real property interests acquired through eminent domain proceedings instituted after the effective date of this Agreement,the Non-Federal 9 Sponsors shall submit an appraisal for each real property interest to the Government for review and approval no later than,to the maximum extent practicable, 60 calendar days after the Non- Federal Sponsors provide the Government with an authorization for entry for such interest or concludes the acquisition of the interest through negotiation or eminent domain proceedings, whichever occurs later. If, after coordination and consultation with the Government,the Non- Federal Sponsors are unable to provide an appraisal that is acceptable to the Government,the Government shall obtain an appraisal to determine the fair market value of the real property interest for crediting purposes. (3) The Government shall credit the Non-Federal Sponsors the appraised amount approved by the Government. Where the amount paid or proposed to be paid by the Non-Federal Sponsors exceed the approved appraised amount,the Government,at the request of the Non-Federal Sponsors, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsors,may approve in writing an amount greater than the appraised amount for crediting purposes. b. Eminent Domain Procedure. For real property interests acquired by eminent domain proceedings instituted after the effective date of this Agreement,the Non- Federal Sponsors shall notify the Government in writing of its intent to institute such proceedings and submit the appraisals of the specific real property interests to be acquired for review and approval by the Government. If the Government provides written approval of the appraisals,the Non-Federal Sponsors shall use the amount set forth in such appraisals as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If the Government provides written disapproval of the appraisals,the Government and the Non- Federal Sponsors shall consult to promptly resolve the issues that are identified in the Government's written disapproval. In the event the issues cannot be resolved,the Non-Federal Sponsors may use the amount set forth in its appraisal as the estimate of just compensation for purpose of instituting the eminent domain proceeding. The fair market value for crediting purposes shall be either the amount of the court award for the real property interests taken or the amount of any stipulated settlement or portion thereof that the Government approves in writing. c. Waiver of Appraisal. Except as required by paragraph C.1.b. of this Article,the Government may waive the requirement for an appraisal pursuant to this paragraph if, in accordance with 49 C.F.R. Section 24.102(c)(2): (1) the owner is donating the real property interest to the Non- Federal Sponsors and release the Non-Federal Sponsors in writing from its obligation to appraise the real property interest, and the Non-Federal Sponsors submit to the Government a copy of the owner's written release; or (2) the Non-Federal Sponsors determine that an appraisal is unnecessary because the valuation problem is uncomplicated and the anticipated value of the real property interest proposed for acquisition is estimated at$25,000 or less,based on a review of available data. When the Non-Federal Sponsors determine that an appraisal is unnecessary,the Non-Federal Sponsors shall prepare the written waiver valuation required by 49 C.F.R. Section 24.102(c)(2)and submit a copy thereof to the Government for approval. When the anticipated 10 value of the real property interest exceeds$10,000,the Non-Federal Sponsors must offer the owner the option of having the Non-Federal Sponsors appraise the real property interest. d. Incidental Costs. The Government shall include in construction costs and credit towards the Non-Federal Sponsors' share of such costs,the incidental costs the Non- Federal Sponsors incurred in acquiring any real property interests required pursuant to Article III for the Project within a five-year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement,that are documented to the satisfaction of the Government. Such incidental costs shall include closing and title costs,appraisal costs, survey costs,attorney's fees, plat maps,mapping costs, actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article III.D.,and other payments by the Non-Federal Sponsors for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of a real property interest pursuant to Article III. 2. Relocations. The Government shall include in construction costs and credit towards the Non-Federal Sponsors' share of such costs,the value of any relocations performed by the Non-Federal Sponsors that are directly related to construction,operation, and maintenance of the Project. a. For a relocation other than a highway,the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility,reduced by depreciation, as applicable,and by the salvage value of any removed items. b. For a relocation of a highway,which is any highway,roadway,or street, including any bridge thereof,that is owned by a public entity,the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Washington would apply under similar conditions of geography and traffic load,reduced by the salvage value of any removed items. c. Relocation costs include actual costs of performing the relocation; planning, engineering, and design costs; supervision and administration costs; and documented incidental costs associated with performance of the relocation, as determined by the Government. Relocation costs do not include any costs associated with betterments, as determined by the Government,nor any additional cost of using new material when suitable used material is available. 3. In-Kind Contributions. The Government shall include in construction costs and credit towards the Non-Federal Sponsors' share of such costs,the value of in-kind contributions that are integral to the Project. a. The value shall be equivalent to the costs,documented to the satisfaction of the Government,that the Non-Federal Sponsors incurred to provide the in-kind contributions. Such costs shall include,but not necessarily be limited to,actual costs of constructing the in-kind contributions; engineering and design costs; supervision and 11 administration costs; and documented incidental costs associated with providing the in-kind contributions,but shall not include any costs associated with betterments, as determined by the Government. Appropriate documentation includes invoices and certification of specific payments to contractors, suppliers, and the Non-Federal Sponsors' employees. b. No credit shall be afforded for interest charges, or any adjustment to reflect changes in price levels between the time the in-kind contributions are completed and credit is afforded; for the value of in-kind contributions obtained at no cost to the Non-Federal Sponsors; for any in-kind contributions performed prior to the effective date of this Agreement unless covered by an In-Kind Memorandum of Understanding between the Government and Non-Federal Sponsors;or for costs that exceed the Government's estimate of the cost for such in-kind contributions if they had been provided by the Government. 4. Compliance with Federal Labor Laws. Any credit afforded under the terms of this Agreement is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including,but not limited to,40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis-Bacon Act,the Contract Work Hours and Safety Standards Act,and the Copeland Anti-Kickback Act),and credit may be withheld, in whole or in part, as a result of the Non-Federal Sponsors' failure to comply with its obligations under these laws. D. Notwithstanding any other provision of this Agreement,the Non-Federal Sponsors shall not be entitled to credit for real property interests and relocations that exceed 35 percent of construction costs or real property interests that were previously provided as an item of local cooperation for another Federal project. ARTICLE VI—PAYMENT OF FUNDS A. As of the effective date of this Agreement, construction costs,excluding cost shared monitoring and adaptive management, are projected to be$22,088,000,with the Government's share of such costs projected to be$14,357,200 and the Non-Federal Sponsors' share of such costs projected to be$7,730,800,which includes creditable real property interests and relocations projected to be$2,971,000,creditable in-kind contributions projected to be$362,597,and the amount of funds required to meet its 35 percent cost share projected to be$4,397,203. Construction costs for cost shared monitoring and adaptive management are projected to be $615,000,with the Government's share of such costs projected to be$399,000 and the Non- Federal Sponsors' share of such costs projected to be$216,000. These amounts are estimates only that are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsors. B. The Government shall provide the Non-Federal Sponsors with monthly reports setting forth the estimated construction costs and the Government's and Non-Federal Sponsors' estimated shares of such costs;costs incurred by the Government,using both Federal and Non- Federal Sponsors' funds,to date;the amount of funds provided by the Non-Federal Sponsors to date;the estimated amount of any creditable real property interests and relocations;the estimated 12 amount of any creditable in-kind contributions;and the estimated amount of funds required from the Non-Federal Sponsors during the upcoming fiscal year. C. The Non-Federal Sponsors shall provide the funds required to meet its share of construction costs by delivering a check payable to"FAO, USAED, Seattle G3"to the District Commander,or verifying to the satisfaction of the Government that the Non-Federal Sponsors have deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsors,or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. D. The Government shall draw from the funds provided by the Non-Federal Sponsors to cover the non-Federal share of construction costs as those costs are incurred. If the Government determines at any time that additional funds are needed from the Non-Federal Sponsors to cover the Non-Federal Sponsors' required share of such construction costs,the Government shall provide the Non-Federal Sponsors with written notice of the amount of additional funds required. Within 60 calendar days from receipt of such notice,the Non-Federal Sponsors shall provide the Government with the full amount of such additional required funds. E. Upon completion of construction, except for cost shared monitoring and adaptive management, and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall conduct a final accounting and furnish the Non-Federal Sponsors with the written results of such final accounting. The Government shall conduct another final accounting after completion of cost shared monitoring and adaptive management and furnish the Non- Federal Sponsors with the written results of such final accounting. Should either final accounting determine that additional funds are required from the Non-Federal Sponsors, the Non-Federal Sponsors,within 60 calendar days of receipt of written notice from the Government, shall provide the Government with the full amount of such additional required funds. A final accounting does not limit the Non-Federal Sponsors' responsibility to pay its share of construction costs, including contract claims or any other liability that may become known after the final accounting. If the final accounting after cost shared monitoring and adaptive management determines that funds provided by the Non-Federal Sponsors exceed the amount of funds required to meet its share of construction costs,the Government shall refund such excess amount, subject to the availability of funds for the refund. In addition, if that final accounting determines that the Non-Federal Sponsors' credit for real property interests and relocations combined with credit for in-kind contributions exceed its share of construction costs for the Project,the Government, subject to the availability of funds for the reimbursement, shall enter into a separate agreement to reimburse the difference to the Non-Federal Sponsors. F. If there are real property interests or relocations,provided on behalf of the Non- Federal Sponsors,the Government shall provide written notice to the Non-Federal Sponsors of the amount of funds required to cover such costs. No later than 60 calendar days of receipt of such written notice,the Non-Federal Sponsors shall make the full amount of such required funds available to the Government by delivering a check payable to"FAO,USAED, Seattle G3"to the District Commander,or by providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. If at any time the Government determines that 13 additional funds are required to cover such costs,the Non-Federal Sponsors shall provide those funds within 30 calendar days from receipt of written notice from the Government. ARTICLE VII-TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsors fail to fulfill their obligations under this Agreement,the Government may suspend or terminate construction of the Project unless the Assistant Secretary of the Army(Civil Works)determines that continuation of such work is in the interest of the United States or is necessary in order to satisfy agreements with other non-Federal interests. B. If the Government determines at any time that the Federal funds made available for construction of the Project are not sufficient to complete such work,the Government shall so notify the Non-Federal Sponsors in writing within 30 calendar days, and upon exhaustion of such funds,the Government shall suspend construction until there are sufficient funds appropriated by the Congress and funds provided by the Non-Federal Sponsors to allow construction to resume. In addition,the Government may suspend construction if the Maximum Cost Limit is exceeded. C. If hazardous substances regulated under CERCLA are found to exist in,on, or under any required real property interests,the parties shall follow the procedures set forth in Article IV. D. In the event of termination,the parties shall conclude their activities relating to construction of the Project. To provide for this eventuality,the Government may reserve a percentage of available funds as a contingency to pay the costs of termination, including any costs of resolution of real property acquisition, resolution of contract claims, and resolution of contract modifications. E. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. Any delinquent payment owed by the Non-Federal Sponsors pursuant to this Agreement shall be charged interest at a rate,to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. F. Upon termination in accordance with this Article,DNR shall be released of any further obligations under this agreement ARTICLE VIII-HOLD AND SAVE A. The Non-Federal Sponsors shall hold and save the Government free from all damages arising from design,construction, operation,maintenance, repair,rehabilitation, and replacement of the Project,except for damages due to the fault or negligence of the Government or its contractors. 14 B. The Non-Federal Sponsors shall hold and save DNR free from all damages arising from design,construction,operation,maintenance,repair,rehabilitation, and replacement of the Project,except for damages due to the fault or negligence of DNR. ARTICLE IX-DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement,that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation,they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE X-MAINTENANCE OF RECORDS AND AUDITS A. The parties shall develop procedures for the maintenance by the Non-Federal Sponsors of books,records,documents,or other evidence pertaining to costs and expenses for a minimum of three years after the final accounting. The Non-Federal Sponsors shall assure that such materials are reasonably available for examination, audit,or reproduction by the Government. B. The Government may conduct,or arrange for the conduct of,audits of the Project. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government's costs of audits shall not be included in construction costs, but shall be included in calculating the Maximum Cost Limit. C. To the extent permitted under applicable Federal laws and regulations,the Government shall allow the Non-Federal Sponsors to inspect books,records, documents, or other evidence pertaining to costs and expenses maintained by the Government,or at the request of the Non-Federal Sponsors, provide to the Non-Federal Sponsors or independent auditors any such information necessary to enable an audit of the Non-Federal Sponsors' activities under this Agreement. The costs of non-Federal audits shall be paid solely by the Non-Federal Sponsors without reimbursement or credit by the Government. ARTICLE XI-RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement,the Government and the Non-Federal Sponsors each act in an independent capacity,and neither is to be considered the officer, agent,or employee of the other. Neither party shall provide,without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. 15 ARTICLE XII-NOTICES A. Any notice,request, demand,or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by registered or certified mail,with return receipt,as follows: If to the Non-Federal Sponsors: Chair,Mason County Board of Commissioners 411 N. 5th Street Shelton, WA 98584 Chair, Skokomish Tribal Council 80 North Tribal Center Road Skokomish Nation, WA 98584 If to the State of Washington DNR: Aquatic Land Manager, Washington State Department of Natural Resources South Puget Sound Region 950 Farman Ave.N. Enumclaw,WA 99022-9282 If to the Government: District Commander Seattle District,US Army Corps of Engineers PO Box 3755 Seattle, WA 98124-3755 B. A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. ARTICLE XIII-CONFIDENTIALITY To the extent permitted by the laws governing each party,the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 16 ARTICLE XIV-THIRD PARTY RIGHTS,BENEFITS,OR LIABILITIES Nothing in this Agreement is intended,nor may be construed,to create any rights, confer any benefits, or relieve any liability,of any kind whatsoever in any third person not a party to this Agreement. ARTICLE XV-JOINT AND SEVERAL RESPONSIBILITY OF THE NON-FEDERAL SPONSORS The obligations and responsibilities of the Non-Federal Sponsors shall be joint and several, such that each Non-Federal Sponsor shall be liable for the whole performance of the obligations and responsibilities of the Non-Federal Sponsors under the terms and provisions of this Agreement. The Government may demand the whole performance of said obligations and responsibilities from any of the entities designated herein as one of the Non-Federal Sponsors. IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY MASON COUNTY, WASHINGTON BY: BY: Mark A.Geraldi Mr. Kevin Shutty Colonel, Corps of Engineers Chair,Board of County Commissioners District Engineer Mason,County,Washington DATE: DATE: SKOKOMISH INDIAN TRIBE WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES BY: BY: Mr.Charles Miller Amalia Walton Chairman, Skokomish Tribal Council Deputy Supervisor for Aquatics Skokomish Indian Tribe and Geology DATE: DATE: 17 Skokomish Ecosystem Restoration Construction PPA Cost Share Allocation - 8/2019 Total Federal Cost Share (65%) Local Cost Share (35%) Total Cost $ 22,088,000.00 $ 14,357,200.00 $ 7,730,800.00 Real Estate $ 2,971,000.00 In-Kind $ 362,597.00 Sub-Total $ 3,333,597.00 Local Cash $ 4,397,203.00 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: August 26, 2019 PREVIOUS BRIEFING DATES: June 24, 2019 (If this is a follow-up briefing, please provide only new information) ITEM: Belfair Sewer - Updated Capital Facilities Charge EXECUTIVE SUMMARY: Mason County contracted with FCS Group to update the Belfair sewer financial plan. As part of that work, the county asked for a review and update of the capital facilities charge (CFC) calculation. The current charge is $16,300 per ERU and based on Equivalent Residential Use (ERU) projections. FCS Group recommends a CFC = $11,300 per ERU based on treatment capacity, as ERU projections have been unreliable in the Belfair area. The recommended CFC of $11,300 is based on several future cost basis assumptions and will require monitoring to ensure the charge remains adequate. BUDGET IMPACT: A change to the Belfair CFC will result in a $5,000 reduction per ERU. A change will not impact the current or future budget as neither includes CFC revenue. PUBLIC OUTREACH: To date there has been no public outreach around a change to the CFC. A change will require a public hearing and update to Mason County Code 13.31.060 G. and H. RECOMMENDED OR REQUESTED ACTION: Recommend the Belfair CFC be revised from $16,300 to $11,300 and staff bring forward a draft resolution amending MCC 13.31.060. ATTACHMENTS: Excerpt from FCS Group Technical Memorandum, Updated Financial Plan for Belfair Sewer System — July 2019 Briefing Summary 8/22/2019 Exhibit 11: Updated General Facilities Charge' Existing Cost Basis Notes PLANT-IN-SERVICE Utility Capital Assets $42,261,492 Fixed assets at original cost. less:Contributed Capital (25,890,208) Donated assets at original cost. plus:Interest on Non-Contributed Plant 5,697,207 Interest on assets up to a plus:Construction-Work-in-Progress maximum 10-year period 2018 Year-end Estimated Cash Balances $ - $(10,613,593) less:Debt Principal Outstanding(10,613,593) Debt principal outstanding,net less:Net Debt Principal Outstanding of cash reserves TOTAL EXISTING COST BASIS $11,454,898 Future Cost Basis Notes CAPITAL IMPROVEMENT PLAN(2017-2036) CIP costs are not inflated. Total Systemwide Projects $48,023,650 Assumed contributed capital: less:Provision for Repair&Replacement $- Bremerton Funding$1,000,000 less:Grants/Property Owner Contributed Capital $(32,144,593) Prop Owner-OBH$9,990,759 Growth Related Cost to the System $15,879,057 Prop Owner-BC/LC$17,153,835 State Funding$4,000,000 TOTAL FUTURE COST BASIS $15,879,057 Customer Base Notes Total Plant Capacity: Existing Customers 416 Gallons per day 375,000 Future Customers 2,003 ERU GPD 155 ERUs 2,419 TOTAL CUSTOMER BASE 2,419 Resulting Charge Charge Components Cost Basis Customers Charge Component for Existing Assets $11,454,898 2,419 $4,735 Component for Future Assets $15,879,057 2,419 $6,563 $27,333,955 $11,298 TOTAL CFC PER ERU(rounded) $11,300 Existing CFC $16,300 Increase/(Decrease)from Existing CFC(%) -30.7% Increase/(Decrease)from Existing CFC($) ($5,000) ' Source: FCS GROUP Technical Memorandum,Updated Financial Plan for Belfair Sewer System—July 2019 Briefing Summary 8/22/2019 2018-2019 COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGIES PROJECT LIST Lead Organization Partnerships Project Title Project Type 'Total Cost Secured Funding Funding Phase Request Mason Transit Authority WSDOT Transportation Division,Mason County, Park&Ride Development Transportation,Utilities,Land Use,Economic :$10,285,000 $4,750,000 RMG Planning Design Construction 1 City of Shelton SO Alliance(consulting) Development,Public Safety,Environmental $4,585,000 Leg. Mason Count Mason County PW y,City of Bremerton Belfair Sewer Extension/Belfair Freight Corridor utilities,Economic Development $14,000,000 $1,500,000 City of $ 11,000,000.00 Final Design/Construction 2 , Bremerton,$525,000 Leg. $250,000 Mason County _ Mason County PW DOT,Mason Transit,Belfair Community,Utilities, SR3 Freight Corridor-Romance Hill Connector Utilities,Transportation,Public Safety,Land $1,320,000 $ 220,000.00 $ 1,100,000.00 Design Construction 3 PAC I Use,Economic Development •Mason County PW DOT,Navy,Mason Transit,Belfair Community, Belfair UGA east of SR3 and west of new Freight Corridor Utilities,Transportation,Public Safety,Land $1,920,000 $ 320,000.00 $ 1,600,000.00 Design Construction 4 Utilities,PAC Use,Economic Development (Mason County PW DOT,Mason Transit,Utilities (Trails Road Alternative-Razor Road Extension (Utilities,Transportation,Public Safety,Land t$2,500,000 $ 750,000.00 $ 1,750,000.00 Design Construction 5 1 I Use,Economic Development I , Mason County PUD NO.3 Hoods Canal Communications,iFiberone,NoaNet,,Mason County Fiberhoods-Rural Broadband Fiber Networks 1Utilities,Public Safety,Healthcare,Economic $5,279,044 $TBD-Mason PUD 3 Design 6 businesses,residents,community groups within I 'Development - - Fiberhood Program •roject areas _ - Mason County PUD No.3 Taylor Shellfish,Squax n Island Tribe b sinesses, Totten Substation Utilities,Economic Development $3,000,000 $TBD-Mason PUD 3 Design Construction residents -- _ Fiberhood Program 8 City of Shelton [Evergreen Safe Routes to School Transportation $1,000,000 $ - Design Construction ~ 9 I City of Shelton Squaxln Island Tribe Sanitation Plant Reclaim Water Tank Utilities $2,000,000 $ - Design Construction 10''City of Shelton 1 Intersection Improvements on Wallace Kneeland Boulevard Transponation,Economic Development $2,000,000 $ - Design Construction City of Shelton Evergreen Town Square Community Development $1,500,000 $ - Design Construction City of Shelton Mason County Historical Museum Community Development $150,000 $ - Planning Design Construction City of Shelton Shelton Civic Center Parking Lot Paving Transportation 1$500,000 $ - Design Construction City of Shelton Well 1 Water Main Utilities $2,000,000 $ - Design Construction '�. !Mason County PW OT,Port of Allyn,Mason Transit,Allyn Allyn Parking Improvements Utilities,Transportation,Land Use,Economic TBD $ - Planning Community Develo ment _, f Mason County PW DOT,Port of AByn,Mason Transit,AByn JlAllynStreet Network Planning,Design,and ROW i e i tion i._.. - (Port of�Allyn,Mason Transit,Allyn Community .1111.111 fern Utikt nation,Land Use,Economic - 1 Mason County PWAllyn Street Network ROW Preservation Transportation, $300,000 $ - Design Develo errs Mason County PW DOT,Navy,Mason Transit,Befair Community, Belfair Bypass Connector Feasibility I Udaan,PAC Mason County PW Belfair Sewer Collection System Expansion Utilities TBD $ - Planning Mason County PW Rustlewood Sewer System Inflow&Infiltration(I&I) Utilities $450,000 $ - Design Construction Reduction Mason County PW DOT,Port of Allyn,Mason Transit,Allyn SR3 Complete Street Improvements and Intersection Control(Utilities,Transportation,Land Use,Economic TBD $ - Planning Community Analysis(ICA) 'Development Mason Transit Authority ADA Imporovements and Operations Building Remodel Transportation $500,000 $ - Design Construction Mason Transit Authority WSDOT,Mason County Allyn Transit Center Planning project `Transportation $50,000 $ - Planning Mason Transit Authority WSDOT,(other local agency participation Construct wet maintenance facility at Johns Prairie location Transportation $350,000 $ - Design Construction possible) Mason Transit Authority WSDOT,Mason County(Hoodsport Master Plan Hoods port Transit Center Planning Transportation $50,000 $ - Planning Inclusion) !Port of Shelton I Aviation Business Park Economic Development $20,000,000 $ - Planning Design Construction Port of Shelton Tenant Consolidation&Expansion Economic Development $2 500 000 $ - Planning Design Construction Department of Public Works/Utilities and Waste Management—Loretta Swanson,Director Mason County Board of County Commissioners August 26, 2019 DISCUSSION ITEM: Belfair Transfer Station Services ACTION REQUESTED FROM COMISSIONERS Staff is requesting Commissioner's thoughts on no longer accepting metal at the Belfair Transfer Station. Background The Solid Waste Manager and Sheriff's Department receive multiple call-outs from the monitoring company each year due to metal theft break-ins at the Belfair Transfer Station. These calls average out to one-to-two calls a week during the winter and lessen in the summer months. Currently the County charges customers $5.39/per 32-gal rate for dispose of metal and receives approximately 1-yard a day. ISSUES: 1. The break-ins have caused damage to the facility, as well as time and money to fix the damage. 2. Hauling the metal off quarterly has cut back on the break-ins/theft of metal; but the average is still high. 3. Solid Waste pays the Road Department approximately$350 per quarter to load the metal into boxes to be hauled away. 4. Solid Waste pays rental on two boxes. One for the quarterly hauling, $78.00 for the day, and the other box is monthly rate of$187.00 year round. 5. Solid Waste hauls the metal to Navy Steel and collects on average $1,500.00 each quarter (total of$6,000/per year). Overview Eliminating the acceptance of metal at the Belfair Transfer Station: • saves the County time and money for break-ins associated with metal theft; • gives local recyclers (Navy City Metals and American Northwest Recycling) more business; • Belfair residents can take metal to local recyclers, who pay $15.00/per truck load. OPTIONS AND IMPACTS Option 1—Continue to accept metals The county continues to expend time and money dealing with metal theft. Customers continue to have the convenience of disposing of metals, but pay for metal disposal. Diane Sheesley,PE,Deputy Director/County Engineer Zach Foster,Solid Waste Manager -1- 08.22.19 Department of Public VVorks/Utilities and Waste Management-Loretta Swanson, Director Option 2—No longer accept metals and direct to metal recycler The county will save time and money associated with metal theft. Customers may need to drive further to dispose of metal but could be paid, rather than paying to dispose. Option 3—Continue to accept metals and evaluate ways to improve/expand services The county invests additional funds in site improvements, staffing and other (?)to minimize theft and accept full volume construction debris. Customers continue to have the convenience of disposing of metals, but pay for metal disposal. Customers have the additional convenience and ability to dispose of construction debris. ATTACHMENTS: Maps Diane Sheesley,PE,Deputy Director/County Engineer Zach Foster,Solid Waste Manager -2- 08.22.I9 8/21/2019 Belfair,WA to 1611 Northeast Sand Hill Road,Belfair,WA-Google Maps Goggle Maps Belfair,WA to 1611 Northeast Sand Hill Road, Belfair, Drive 2.8 miles, 6 min WA 1611 Northeast o Sand Hill Road Peninsula Topsoil&Q Landscape Supplies 2 O • Q 6 min I h 1 h \ 2.emlles 2.Smaes l -. Beltair c The Salmon Caine'9 Go gle rt 464, Map data©2019 Google 2000 ft via WA-300 W and NE Sand Hill Rd 6 min Fastest route,the usual traffic 2.8 miles t via WA-300 W and NE Sand Hill Rd 59 min 2.8 miles Explore 1611 NE Sand Hill Rd Restaurants Hotels Gas stations Parking Lots More https://www.google.com/maps/dir/Belfair,+WA/1611+Northeast+Sand+Hill+Road,+Belfair,+WA/@47.4571636;122.8605721,14z/data=l3m1!4b1!4m13!... 1ll 8/21/2019 Belfair,WA to Navy City Metals-Google Maps Go: )gle Maps Belfair, WA to Navy City Metals Drive 8.4 miles, 12 min Holly rs l011 Nary Yard City Eldon r �" , .�' �7. Pon Orchard ; • , k 15 min rma Il ` / e 9 9 miles. • 'CrNayy City Metals r ma i Q- - G; Easl Poi rae a+ olcharc 1 f 1f RodeoDrovelnTheatre9 1'60 1, f 1 Fernwood 11, I s 111 w t, ( . ' r t6 A 12 min Bethel �1 B 4 mass 16 I/ i 1 . I .. 4 Ir e t' n. I ' t , >F 16. ` i Bennie.- , c.— " - / . At 1 r seiraU Meta.:rk :.�Go .rgle 16 Burley Map data 02019 Google 1 mi r fii viaWA-3N 12min Fastest route,the usual traffic 8.4 miles 64 via NE Old Belfair Hwy and W Bellfair 15 min Valley Rd 9.9 miles Explore Navy City Metals 0 0 lilt P410 Restaurants Hotels Gas stations Parking Lots More https://www.google.com/maps/dir/Belfair,+WA/Navy+City+Metals,+West+Belfair+Valley+Road,+Bremerton,+WA/@47.4902323,-122.8350546,12z/data... 1/1 8/21/2019 Be!fair,WA to American Northwest Recycling-Google Maps Goy sgie Maps Belfair,WA to American Northwest Recycling Drive 7.8 miles, 12 min a o tl Rodeo Drive In Theatre co ertcsn Northwestti) Recycling tit 12 min zemae: 0 '— Traphyuke Gag Casting, t h• �14mIn - . r 9.1 mbn J eeuetr a� Go gle �,� 4. .4. / Map data 02019 Google 2000 ft 64 via WA-3 N 12 min Fastest route,the usual traffic 7.8 miles 04 via WA-3 N,SW Lake Flora Rd and 14 min Sunnyslope Rd SW 9.1 miles Explore American Northwest Recycling 0 WO. P Restaurants Hotels Gas stations Parking Lots More hops://www.google.com/maps/dir/Belfair,+WA/American+Northwest+Recycling,+Southwest+Old+Clifton+Road+port+Orchard,+WA/@47.4835338,-12... 1/1 Subject: US 101 Hoodsport Your Speed is XX signs Hi Dave, Per an in-house meeting we had yesterday with Dennis Engel,Steve Kim,and Sarah Ott this is what WSDOT can offer you w/r/t to Mason County wanting two electronic"Your Speed is XX"signs on US 101 in Hoodsport. Our comments are: • Mason County(MC)either buys the two"Your Speed is XX"signs and all associated hardware, or MC agrees to reimburse WSDOT if you want WSDOT to buy the signs and all associated hardware,etc. • WSDOT at our cost will install and make functional the two signs. • WSDOT will own and maintain the black on white"Speed Limit 30"sign and post. • MC will own the"Your Speed is XX" sign,which is placed under the Speed Limit 30 sign. • WSDOT to determine actual location of where signs may be placed (see street views below). • MC will be responsible to maintain the "Your Speed is XX"sign, unless MC requests WSDOT to maintain the two signs at MC expense. • To be determined is if the two signs are hardwired to AC power,or if they are solar powered. • If hardwired the electrical service must in MC's name and MC must directly pay the monthly electrical bill. • If hardwired WSDOT will absorb those installation costs(but again MC must pay the monthly power usage billings). • A Maintenance and Operations(M&O)agreement will be needed to specify the details and responsibilities of both parties. Let us know if this is acceptable to Mason County. You also asked if WSDOT might have some estimated costs for what the installation might be. My suggestion there is give Signal Superintendent Jim Newman at call at 360.357.2616 for some rough cost estimates. Hope this helps,and Steve, Dennis,and Sarah please correct or add to anything if I didn't get my facts correct from yesterday's meeting. Thanks all. Dale Severson, P.E. Development Services Engineer - WSDOT Olympic Region (360) 357-2736 ( dale.seversonOwsdot.wa.gov MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING AUGUST 26,2019 Briefmg Items 1. Skokomish Project Partnership Agreement signature authority for Chair(Loretta) 2. Belfair Capital Facility Charges (CFC)(Loretta) Discussion Items • Community and Economic Development Strategies Project List(Loretta) • Belfair Transfer Station(Loretta/Zach) • Update on Hoodsport(Diane) • Update on Highland Road Project(Diane) Commissioner Follow-Up Items • Cherry Park(Diane) Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Diane Sheesley Kevin Shutty _Loretta Swanson Sharon Trask _Others: (List below) WORKS 'SSION @ 10:30am mop l. Annual TIP-CAP Recommendation on the 2020-2025 6year-TIP Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty _Loretta Swanson Sharon Trask _Others: (List below) Department of Public Works/Utilities and Waste Management—Loretta Swanson,Director Mason County Board of County Commissioners August 26, 2019 DISCUSSION ITEM: TIP-CAP/Commission Discussion Regarding 6-Year TIP ACTION REQUESTED FROM COMISSIONERS No action requested. Background Each year TIP-CAP makes recommendations to Commissioners on the 6-Year TIP. On average there is approximately$3 million available (after diversion)for construction programming. Many large projects may be out of reach without grant match, or saving over multiple years. This work session is time for Commissioners and TIP-CAP to discuss their thoughts on how best to apply limit resources to our construction program and reflect on the right balance between preservation and new construction. ISSUES/TOPICS FOR DISCUSSION: ■ Gravel Road Upgrades ■ Community Grant Program ■ Maximizing County Work Force expenditures ■ Should "wishlist" projects be included in the 6-Year TIP? ■ If not should these projects be listed somewhere in some fashion? ■ Should we include projects on the TIP where we may not be the lead, but may advocate for or partner? ■ Priority Array and considerations for project priority order ■ IMS contract and future ■ Diversion/Levy Shift/Direct Transfer ■ Other member/Commission comments/concerns/questions ATTACHMENTS: None Diane Sheesley,PE,Deputy Director/County Engineer -1- 08.22.19 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: PATTI MCLEAN & LISA FRAZIER DEPARTMENT: ASSESSOR &TREASURER EXT: 498 BRIEFING DATE: AUG. 26, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: BUDGET TRANSFER EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): WE WOULD LIKE TO TRANSFER $15,000.00 FROM SALARIES TO OPERATING EXPENSE IN ORDER TO PURCHASE A NEW SERVER FOR INFORMATION SERVICES TO SUPPORT TERRA-SCAN AND THE NEW DATA CLOUD SOFTWARE SYSTEM. THE TREASURER'S OFFICE WILL BRIEF THEIR PORTION OF THE REQUEST. BUDGET IMPACT: NONE — OUR BUDGET CAN SUPPORT THIS TRANSFER ATTACHMENTS: ASSESSOR'S OFFICE TRANSFER REQUEST AND EMAIL FROM IT DEPARTMENT. TREASURER'S OFFICE WILL PROVIDE THEIR DOCUMENTATION. Briefing Summary 8/22/2019 2019 BUDGET TRANSFER REQUEST PLEASE SUBMIT BUDGET TRANSFER REQUESTS TO BUDGET MANAGER - SUPPORT SERVICES FUND NUMBER BARS LINE Amount Description w From - 001 .000000.020.000 514.24.519998.0000.00 15,000.00 > FROM SALARIES TO H v To + 001 .000000.020.000 514.24.549999.0000.00 15,000.00 OPERATING FOR I.T. SERVER 0 t From - < N To + a, 0 From - < t a To + a� v a t 0 W Please indicate with ** if any of the requested Transfer To BARS lines are new and need to be added. C 0 U Authorizing signature for '^ department requesting transfer: _( EXT: N t Title of authorizing signature: S�SSa�_ Date: L v Action taken by Budget Manager: Transfer Approved Transfer Denied CD c � o O° Budget Manager signature: Date: Page 2 of 3 Let me know what works for others. Regards, Frank >>> Ben Ramsfield 7/22/2019 2:13 PM >>> I am available Tue-Thur with that being said, the funding questions you are asking are outside my wheelhouse. Ben Ramsfield Mason County Information Services (360) 427-5504 On 7/22/2019 at 12:43 PM, Lisa Frazier wrote: Can we schedule a meeting? I have questions and want to know what to expect going forward? What is the $$ we paying to reserve for Technology go for.....................The tax and assessment system, should be supported by Reserve for Techology or CE and included in allocation costs and so forth, it benefits the county, not the Assessor/Treasurer only.................... I am available all week. Elisabeth (Lisa) Frazier Mason County Treasurer 411 N 5th St., Bldg 1 PO Box 429 Shelton, WA 98584-0429 360-427-9670 Ext 484 360-427-7267 Fax >>> Lisa Frazier 7/22/2019 12:34 PM >>> Ben: Not sure I have that whole amount available for 2020. And another reason we need an ERR program so I can build replacement into the budget. Elisabeth (Lisa) Frazier Mason County Treasurer 411 N 5th St., Bldg 1 PO Box 429 Shelton, WA 98584-0429 360-427-9670 Ext 484 360-427-7267 Fax >>> Ben Ramsfield 7/22/2019 10:52 AM >>> Being that it is budget season, I feel we need to have the Assessor/Treasurer budget for server hardware/ software replacement and upgrades to be completed in 2020. The Terrascan system currently uses two servers file:///C:/Users/pmclean/AppData/Local/Temp/XPgrpwise/5 D36E2F9Masonmail 10013973... 8/22/2019 Page 1 of 3 Patti McLean - Re: Terrascan System From: Lisa Frazier To: Ben Ramsfield; Frank Pinter; Patti McLean; Ross McDowell Date: 7/23/2019 10:35 AM Subject: Re:Terrascan System CC: Jennifer Beierle; Todd Cannon I am responding for Patti MClean.......................She is only available next Wednesday afternoon - Any time after 1:30. EUw (Wad Fri' Mason County Treasurer 411 N 5th St., Bldg 1 PO Box 429 Shelton, WA 98584-0429 360-427-9670 Ext 484 360-427-7267 Fax >>> Ross McDowell 7/23/2019 9:24 AM >>> Tuesday morning and all day Wednesday next week are good for me too. Thanks, Ross Ross McDowell Emergency Management Information Services Parks and Trails Manager for Mason County 100 W Public Works Dr. Shelton, WA 98584 Office: 360-427-9670 ext 806 Cell: 360-490-7646 rmcdowell@co.mason.wa.us IMPORTANT NOTE: Mason County complies with the Public Records Act Chapter 42.56 RCW. As such, email sent to and/or from the County may be subject to public disclosure. >>> Frank Pinter 7/23/2019 7:43 AM >>> I am available next week Monday in the afternoon, Tuesday in the morning and all day Wednesday.We can discuss the question of the technology fund then. file:///C:/Users/pmclean/AppData/Local/Temp/XPgrpwise/5 D36E2F9Masonmai110013 973... 8/22/2019 Page 3 of 3 and associated software. The web server was purchased in 2007 and application server purchased in 2012. The system operating software have already past their end of life or will as of 1/14/2020. In addition, the web server does not have capacity to support the full feature set potentially available to the public.In addition, the application server does not have the space to house all the attachments related to Terrascan.If you recall, we had to move the attachments from your Terrascan system onto other county resources. REASONS WE NEED TO REPLACE SERVERS - Provide enough space to continue day to day operations, specifically with regard to attachments - Replacement will increase public usability by allow us to share Assessor images and potentially sketches with the public via Taxsifter - Insure we continue to keep up to date system software that is maintained by vendors, ie: patches, security fixes, etc - Utilizing new hardware may increase overall performance and potentially eliminate some bottlenecks. - Current operating system software will allow us to utilize current SSL/TLS standards reducing the frustration of public end users who often receive insecure warning messages or security warnings while visiting Taxsifter At this time, and this is a rough estimate, the total cost for replacement for both servers, including the operating system and possibly SQL Server is $35-40,000. Ben Ramsfield Mason County Information Services (360) 427-5504 file:///C:/Users/pmclean/AppData/Local/Temp/XPgrpwise/5D36E2F9Masonmai110013973... 8/22/2019