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HomeMy WebLinkAbout2019/09/09 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of September 9, 2019 Monday, September 9, 2019 Commission Chambers 9:00 A.M. Closed Session – RCW 42.30.140 (4) Labor Discussion 9:15 A.M. Support Services – Frank Pinter 9:45 A.M. Community Services – Dave Windom 10:00 A.M. Community Services — Dave Windom Building Permit Work Group 10:55 A.M. BREAK 11:00 A.M. Public Works – Loretta Swanson Utilities & Waste Management 11:30 A.M. WSU Extension Office - Dan Teuteberg Commissioner Discussion – as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 09/05/19 at 11:02 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF September 9, 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. CO A 1854 Mason County Support Services Department Budget Management Io1.4 coUNr.„ 411 North 5th Street Commissioner Administration Shelton, WA 98584 Emergency Management i Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources :mt. Information Services Labor Relations ixcl Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES September 09, 2019 • Specific Items for Review o On-line auction for tax title parcels— Melissa o Updated parcel offer— Frank o Final hearing for Spencer Lake LMD on September 17 to consider objections— Diane o 2020 contract with MasonWebTV—Diane o 2020 Budget Workshop Schedule - Diane o Confirmation of jail study meeting schedule - Frank o Building 10 Status— Frank • Commissioner Discussion o Local Legislative meeting—Cmmr. Shutty J:\DLZ\Briefing Items\2019\2019-09-09.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Melissa Drewry DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources E. Legal ❑ Other — please explain ITEM: Draft order for 2019 tax title auction to sell parcels on Bidforassets.com EXECUTIVE SUMMARY: (if applicable, please include available options and potential solutions): Pursuant to RCW 36.35.120, real property acquired by foreclosure of delinquent taxes may be sold by order of the county legislative authority if it is deemed in the county' s best interests to sell the real property. The first step to being the process is for the Commissioners to approve an Order of Sale. The Treasurer will then arrange an on-line sale with Bid4Assets. Part of this process is notifying the City of parcels within city limits foreclosed by the County. A letter will need to be sent to the City of Shelton allowing them to purchase these parcels for the amount of taxes owed. BUDGET IMPACT: If all parcels sold for the minimum bid (excluding listing & recording fees) the total would be $181,394.44 This would first go towards delinquent taxes, penalties and any other fees owed for the parcel. After the sale, these parcels will go back onto the tax roll. Should any parcels not sell, they will be listed with Richard Beckman for sale. • Listing fee to be added to each parcel: $125 (this goes to bidforassets.com) • Recording fee: $ 104.50 (estimated two pages of recorded documents per parcel) • Affidavit fee: $10 each parcel PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) If approved at the 9/17/19 meeting, the notice will be emailed out to any interested parties that have signed up for notification along with notice on our website, Facebook page, and various postings from Bidforassets.com RECOMMENDED OR REQUESTED ACTION: Approval to place on the 9/17/19 action agenda for approval. ATTACHMENTS: Parcel list showing descriptions and total taxes owed Letter to City of Shelton notifying of County held parcels Briefing Summary 9/3/2019 A B C D E I F Parcel# If yes,Name and Contact information of 1 (and address if available) Associated HOA Legal Description Requested by citizen? requester. Notes/Taxes owed Hasemann Properties(Mike Hasemann) 12207-75-90091**731 E TR 9A OF SUR 5/94-96 service@ibuyruralland.com or 2 ALDERWOOD RD,BELFAIR 98528 N/A LOT: 2 OF SP 1587 Yes mikehasemann@gmail.com $2,412.50 Gary Addeo(Cedarland Homes) 3 12220-50-46001 Lakeland Village ALLYN BLK: 46 LOT: 1 Yes garyjaddeo@gmail.com $161.25 TR 10 SW NW LOT: 2 OF 4 12316-23-90100 N/A SP#182 AF#307626 No $3,405.47 5 12331-50-00009 Beards Cove BEARDS COVE DIV 2 TR 9 No $1,930.45 FRAN3O BEACH BLK: 4 LOT: 10 EX W 50'OF E 6 22016-50-04010 N/A 120' No $1,075.59 7 22017-52-00087 Timberlakes TIMBERLAKE#10 TR 87 No Need to pull from Beckman-$1149.61 22206-50-00037**140 NE TAHUYA RIVER VALLEY 8 SNOWCAP DR TAHUYA N/A DIV#1 TR 37 No $1,149.61 TAHUYA RIVER VALLEY 9 22206-53-00026 N/A DIV#3 TR 26 No $1,411.24 TAHUYA RIVER VALLEY 10 22206-53-00040 N/A DIV#3 TR 40 No $368.12 LAKEWOOD PLAT A BLK:S 11 22212-50-05019 LOTS 19-20 No $1,245.73 NAVY YARD ADD #I LOT: 12 22219-50-00902 N/A 13 SLY OF R/W No $4,798.70 NAVY YARD ADD#1 LOT: 13 22219-50-00903 N/A 14 SLY OF R/W S 21/147 No $5,491.93 NAVY YARD ADD#1 LOT: 14 22219-50-00904 N/A 15 SLY OF R/W S 21/147 No $4,571.45 NAVY YARD ADD#I LOT: 15 22219-50-00905 N/A 16 SLY OF R/W S 21/147 No $4,798.70 NAVY YARD ADD#1 LOT: 16 22219-50-00906 N/A 17 SLY OF R/W S 21/147 No $4,699.90 NAVY YARD ADD#I LOT: 17 22219-50-00907 N/A 18 SLY OF R/W S 21/147 No $4,699.90 ANGLE TRACTS LOT: 18 N 18 32016-50-00018 N/A 1/2 No Need to pull from Beckman-1520.13 19 32016-50-00901 N/A ANGLE TRACTS TR 18 S1/2 No Need to pull from Beckman-$1,520.13 Need to pull from Beckman-$1595.28 in SHORECREST ADD REPLAT taxes and$2093.53 Shorecrest Water. 20 32021-53-03013 Shorecrest BLK: 3 LOT: 13 No Total:$3688.81 A B C D E F Need to pull from Beckman$1577.12 SHORECREST TERRACE and $1996.49 Shorecrest Water.Total: 21 32021-55-02011 Shorecrest 2ND ADD BLK: 2 LOT: 11 No $3573.61 Need to pull from Beckman$1915.54 SHORECREST TERRACE and$1195.27 Shorecrest Water.Total: 22 32021-56-02030 Shorecrest 3RD ADD BLK: 2 LOT: 30 No $3110.81 SHORECREST BEACH Need to pull from Beckman$1,842.86 ESTATES#2 BLK: 3 LOT: and$1311.00 Shorecrest Water.Total: 23 32021-59-03008 Shorecrest 8S41/41 No $3153.86 24 32032-43-00000 N/A SW SE EX No $36,379.41 25 32122-50-00027 Lake Limerick LAKE LIMERICK 3 LOT: 27 No $3,636.31 LAKE LIMERICK 4 TRACT 26 32127-53-00197 Lake Limerick 197 No $1,761.79 42205-51-01087 120N LAKE CUSHMAN #18 BLK: 27 MALLARD WAY W HOODSPORT Lake Cushman 1 LOT: 87 No $2,312.51 LAKE CUSHMAN #18 BLK: 28 42205-51-02020 Lake Cushman 2 LOT: 20 No $2,456.22 29 51908-50-00051 N/A STAR LAKE #I LOT: 51 Yes Abram Morphew-morphew@gmail.com $1,040.38 LAKE ARROWHEAD #7 30 51917-56-00005 N/A TRACT 5 No $1,664.32 Hasemann Properties(Mike Hasemann) N1/2 N1/2 S1/2 NE SE SEE service@ibuyruralland.com or 31 52024-41-00030 N/A SURVEY 1/233 Yes mikehosemann@gmail.COm $1,093.68 LOT: A OF SP#2006 32 32205-75-90010 N/A SURVEY 15/75 Yes Patricia Bennett patriciabennettolson@gmail.com $20,475.90 lein+taxes NE SE EX SEE SURVEY 33 52024-41-00000 N/A 1/233 No $1,792.21 34 22002-75-00170 N/A TR 17 OF SURVEY 1/91 No $3,326.84 RIPPLEWOOD TRACTS TR 35 61902-50-00003 N/A 3 No $1,687.82 SHORECREST BEACH 36 32021-58-04027 Shorecrest ESTATES, Lot 27, Block 4 No Need to pull from Beckman$2081.45 PATRICIA BEACH #2 TR 4 37 32225-52-00900 N/A A No $2,627.34 PARCELS WITHIN CITY OF SHELTON(sending letter requesting response by 38 30/18/19) AMENDED&CORRECTED PLAT OF SHELTON BLK: 1 39 32017-51-01024 N/A LOT: 24 EX R/W No $954.95 AMENDED&CORRECTED PLAT OF SHELTON BLK: 1 40 32017-51-01025 N/A LOT: 25 EX R/W No $954.95 A B C D E F AMENDED&CORRECTED PLAT OF SHELTON BLK: 31 41 32017-51-31001 N/A LOT: 1 EX R/W No $1,048.23 AMENDED&CORRECTED PLAT OF SHELTON BLK: 31 42 32017-51-31002 N/A LOT: 2 EX R/W No $1,048.23 AMENDED&CORRECTED PLAT OF SHELTON BLK: 31 43 32017-51-31003 N/A LOT: 3 EX R/W No $1,048.23 AMENDED&CORRECTED PLAT OF SHELTON BLK: 31 44 32017-51-31004 N/A LOT: 4 EX R/W No $1,049.23 REED'S ADDITION TO SHELTON BLK: 1 LOT: 9 S 45 32018-52-01902 N/A 125'EX E 45'OF No $1,105.06 46 32019-41-00261 N/A TR 26-A OF NE SE No $13,442.23 47 32019-41-00320 N/A TR 32 OF NE SE No $2,802.92 NEEDHAM&DAYS N 1/2 48 32019-56-24005 N/A BLK D No $71.04 NEEDHAM&DAYS BLK E 49 32019-56-24008 N/A LOTS 1-4 No $8,493.99 BAYVIEW HOME TRACTS REPLAT BLK: 3 LOT: 9B 50 32020-54-03902 N/A LOT: 2 OF CITY SP#99-76 No $2,356.38 BEVERLY HEIGHTS BLK: 7 51 32030-51-07019 N/A LOT: 19&ALLEY ADJ No $4,631.93 September 10,2019 Property Manager City of Shelton 525 W.Cota Street Shelton,WA 98584 Re:Tax Title parcels within city limits As required by RCW 36.35.150,this letter serves as notification that M ty has acquired the following list of properties as tax foreclosures: Cost to purchase Parcel Number Parcel Description (The total includes taxes and ecording fee of$104.50) 32017-51-01024 AMENDED&CORRECTED PLAT OF .'95+104.50=$1059.45 SHELTON BLK: 1 LOT:24 EX R/W 32017-51-01025 AMENDED&CORRECTED PLAT OF $954 - 04.50=$1059.45 SHELTON BLK: 1 LOT: 25 EX R/W � . 32017-51-31001 AMENDED&CORRECTED PLAT OF $1,048.23+I4.50=$1152.73 SHELTON BLK: 31 LOT: 1 EX R/W 32017-51-31002 AMENDED&CORRECTED PLAT OF $1,048.23+104.50=$1152.73 SHELTON BLK: 31 LOT:2 EX R/W 32017-51-31003 AMENDED&CORRECTED PLAT OF ' ,1,048.23+104.50=$1152.73 SHELTON BLK: 31 LOT: 3 EX R/W 'w 32017-51-31004 AMENDED&CORRECTED PLAT OF Y. $1,049.23+104.50=$1153.73 SHELTON BLK:31 LOT:4 EX R/W 32018-52-01902 REED'S ADDITION TO SHELTON BLK: $1,105.06+ 104.50=$1209.56 1 LOT:9 S 125'EX E 45'OF 32019-41-00261 TR 26-A OF NE SE $13,442.23+104.50=$13,546.73 32019-41-00320 TR 32 OF NE SE $2,802.92+104.50=$2907.42 32019-56-24005 NEEDHAM&DAYS N 1/2 BLK D $71.04+104.50=$175.54 32019-56-24008 NEEDHAM&DAYS BLK E LOTS 1-4 $8,493.99+104.50=$8498.49 32020-54-03902 BAYVIEW HOME TRACTS REPLAT $2,356.38+ 104.50=$2460.88 BLK: 3 LOT:9B LOT:2 OF CITY SP#99- 76 32030-51-07019 BEVERLY HEIGHTS BLK: 7 LOT: 19& $4,631.93+104.50=$4736.43 ALLEY ADJ As required by statute, Mason County is offering the City the opportunity to purchase the property for the above listed amounts.The property must be utilized for the purposes described in RCW 36.35.150(2),below: Except when a county legislative authority purchases the tax foreclosed property for public purposes, the county legislative authority must give notice to any city in which any tax foreclosed property is located,and the county may not dispose of the property at public auction or by private negotiation before giving such notice. The notice must offer the city the opportunity to purchase the property for the original minimum bid under RCW 84.64.080, together with any direct costs incurred by the county in the sale. If the city chooses to purchase the property,the following conditions apply: (a)The city must accept the offer within thirty days of receiving notice,unless the county agrees to extend the offer; (b) The city must provide that the property is suitable and will be used for an affordable housing development as defined in RCW 36.130.010;and (c)The city must agree to transfer the property to a local housing authority or other nonprofit entity eligible to receive assistance from the affordable housing program under ch ter 43.185A RCW. The city must be reimbursed by the housing authority or other nonprofit entity for. oust the city paid to purchase the property together with any direct costs incurred by the city in _ fer to the housing authority or other nonprofit entity. If the City wishes to purchase the property, please notify Melissa Drewry at wry@co.mason.wa.us as soon as possible,but no later than Friday,October 18,2019 Please do not hesitate to contact us should you have any questions or concerns. Thank you on behalf of the Board of Mason County Commissioners. `Gh� Kevin Shutty Chair,Mason County Commissioners MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Melissa Drewry DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) ITEM: New offer to purchase parcel 22017-52-00087,661 E. Lakeshore Drive E., in the amount of $7,000 has been received. 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. On September 5, 2019 the original buyer, Accurate Development, backed out of their offer. Susanna Hopkins, previously bid$7,000 and is interested in continuing her purchase of this parcel now that the other buyer has backed out. 2019 Assessed Value: $12,235 Current offer: $7,000 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 $1918.48 OPTIONS: Accept offer and set public hearing in order to sell property Counter offer Refuse offer ATTACHMENTS: Purchase and Sale Agreement Detail Report Briefing Summary 9/5/2019 Authentisign ID:9B4032E7-D271-4DB4-9E37-1EF8D24EFE09 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: August 25,2019 MLS No.: 1416200 Offer Expiration Date: 8/28/2019 2. Buyer: Susanna Abigail Hopkins Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 220175200087 , 661 E Lakeshore Drive E Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$ 7,000.00 Seven Thousand Dollars 6. Earnest Money:$ 500.00 ❑ Check; m Note; U Other (held by Qf Selling Firm; ❑Closing Agent) 7. Default: (check only one)m Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Co. 9. Closing Agent: Mason County Title Co. Donna Dotson Company Individual(optional) 10. Closing Date: 9/27/2019 ; Possession Date: Ri on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: 0 Requested(attach NWMLS Form 22K); 0 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer, 0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 6ZI 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: Qi 10 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer, ❑Seller; 0 both parties; ❑neither party Listing Broker represents: 0 Seller; ❑ both parties 17. Addenda: 22D(Optional Clauses) 31(Earnest Money Note) 35F(Feasibility) —AuthentFicrr 08/26/2019 _q� P� cor1;}�,�Yec, BJYt72t7�13�365114141 PDT Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date 4935 N.Bristol Street Buyer's Address Seller's Address Tacoma WA 98407 Shelton,WA 98584 City,State,Zip City,State,Zip 253-973-8963 (360)427-9670 Phone No. Fax No. Phone No. Fax No. aminalsh@aol.com Buyer's E-mail Address Seller's E-mail Address Shelton Land&Homes,LLC 9822 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jodie Guedon 25928 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5555 (360)589-9694 (360)426-8230 (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. jborgert@att.net mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address jodieg2@comcast.net richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 50168 89647 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:9B4032E7-D271-4DB4.9E37.1EF8D24EFE09 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form,a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement,and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 [WA] 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:964032E7-0271-4D84-9E37-1EF8D24EFE09 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 ail documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 C�� x 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-D271-4DB4-9E37-1EF8D24EFE09 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 [re*-7] 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-D271-4DB4-9E37-1EF8D24EFE09 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 299 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 [7691ad 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-D271-4DB4.9E37-1 EF8D24EFE09 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 25,2019 1 between Susanna Abigail Hopkins ("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 Feasibility Contingency. Buyer shall verify within 10 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 may20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-D271.4DB4-9E37.1EF8D24EFE09 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 25,2019 1 between Susanna Abigail Hopkins ("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. m Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. U 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 0 irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑cable; ❑electricity; ❑other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other • 40 [Kes4(27] 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9134032E7-D271-4DB4.9E37-1EF8D24EFE09 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Pa 2 o OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 e 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 U Buyer; g Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-D271-4DB4.9E37-1EF8D24EFE09 Form 31 ©Copyright 2010 Earnest Money Promissory Note Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 EARNEST MONEY PROMISSORY NOTE $ 500.00 Shelton ,Washington 1 FOR VALUE RECEIVED, Susanna Abigail Hopkins 2 Buyer ("Buyer") 3 Buyer agree(s)to pay to the order of Mason County Title Co. (Selling Firm or Closing Agent) 4 the sum of Five Hundred Dollars 5 ($ 500.00 ), as follows: 6 within 3 days following mutual acceptance of the Purchase and Sale Agreement. 7 ❑ * . 8 This Note is evidence of the obligation to pay Earnest Money under a real estate Purchase and 9 Sale Agreement between the Buyer and Mason County 10 Seller ("Seller") 11 Seller dated August 25,2019 . Buyer's failure to pay the Earnest Money 12 strictly as above shall constitute default on said Purchase and Sale Agreement as well as on this Note. 13 If this Note shall be placed in the hands of an attorney for collection, or if suit shall be brought to collect 14 any of the balance due on this Note, the Buyer promises to pay reasonable attorneys' fees, and all 15 court and collection costs. 16 Date: 08/26/2019 17 Authentis,GN BUYER �ti,,,,, ��;_. 18 826120191:4323 PM PDT BUYER 19 *"On closing"or similar language is not recommended. Use a definite date. Authentisign ID:9B4032E7-0271.4DB4-9E37.1 EF8D24EFE09 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 8- 25-2019 1 between Susanna A. Hopkins ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 661 E. Lakeshore Dr. E. Shelton, WA. 98584 (the"Property").4 Address City State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement,in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 12 6. Buyer shall pay all current and past due Association dues. 13 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-D271.4DB4-9E37-1 EF8D24EFE09 Form 42 ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee,or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer, 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" 7 Authentisis, Buyer LL"6""'t"`ickirA 07 xa 08/26/2019 8 8/2s/2a1s 2' ,:24 PM PD r Ignature Date 9 Signature Date 10 Signature Date 11 Signature Date BROKER JoAnn Guedon (Jodie) 12 Print/Type BROKER'S SIGNATURE 13 FIRM NAME AS LICENSED Shelton Land&Homes LLC 14 Print/Type FIRM'S ASSUMED NAME (if applicable) 15 Print/Type Authentisign ID:9B4032E7-D271.4DB4-9E37-1EF8D24EFE09 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 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 LAWS] 08/26/2019 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part II-Exceptions. ORT Form 4690 WA A 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:9B4032E7-D271.4DB4-9E37.1 EF8D24EFE09 N Agir- MASON COUNTY ► _ TITLE COMPANY 'slit 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) 4.-_... 144 /1. Ati ..r. 4ib. 0 i #4). 83 Tr,. le Aft,44.0 4...j. 1ded) 1 'ore 4' ep, v , ..4.0, ... 4A To2:647 ::e. \ '141* *-----' ,,, 4 Iry �' ,,/ `,1, eiti4 4/ /41 h�` - ,•�,,�� max' + \Ilk\ Alt Ø/'j . 0 .kle . 4 Et ea 1 04, '344 1411i9 151 4 'c` '. .toy' 41- • ... 4 o- 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 Authentisign ID:9B4032E7-D271-4DB4-9E37-1EF8D24EFE09 N J MASON COUNTY ,:k_ �. TITLE CQMPANY ► 'i Part of the Aegis Land Title Group �� rw�,1. may.. 7%. .�_ - • ..4 NN 2 r � 1.1 - - ! Lt ter—`"ItR t n- - .7 .,`tea • gel.', - I _. { ten` � y � �-K , - .• ,- 7. , . *.a. /...e J e--VI.- ,, , _. .`, Key`' ,. 4 .,. 7...\. 1 *a t. L' . (�- � dyF - O -1 Pl.- t t. t [„ R • M '- :OP_a_ it \:, j• V ,< t it 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 matters 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 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Lake Management District for Spencer Lake. EXECUTIVE SUMMARY: The ordinance officially creating the LMD was adopted August 13 and a public hearing was set on September 17 to hear objections. Notice of the hearing was sent to all landowners with instructions on how to file an objection. Objections must be in writing and were due September 6, 2019. Two objections were filed. BUDGET IMPACTS: The hard costs for the process will be paid by the Spencer Lake Steering Committee. Staff time is not reimbursed RECOMMENDED OR REQUESTED ACTION: Consider objections at the September 17th hearing and adopt the resolutions for the roll of rates & charges, prescribing interest and penalties and creation of Fund #195 for Lake Management District #3 for Spence Lake. ATTACHMENTS: List of objections Briefmg Summary 9/5/2019 Objection Hearing Comments Exhibit Spencer Lake LMD #3 2020-2030 Term Name Parcel Number Reason for objection Date Receive 1 Richard Buchholz 22132-11-90280 States the original proposal was to collect $50K 8/29/2019 2 Staley Schultz 22132-11-00082 Low income 9/4/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information ITEM: Review of 2020 contract with MasonWebTV for live video streaming and video recording services for Commission meetings EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): MasonWebTV has provided live video streaming and video recording services since 2017. The proposed rate in the 2020 contract for regular Commission meetings and special Commission meetings in Belfair is $75 for up to a 2-hour meeting; prior rate was $50 for up to a 4-hour meeting. The additional per hour rate remains at $25. For special Commission meetings held in an alternative location, the rate is $100 per meeting for up to 2 hours. The additional per hour rate is $25. A $50 charge may be charged if MasonWebTV is asked to provide a sound system/public address system. Board of Health meeting continue to be stream/recorded at no charge. BUDGET IMPACTS: Anticipated cost, based on providing services for 52 meetings, is $3,900 per year; an increase of $1,300. This is paid from Current Expense. RECOMMENDED OR REQUESTED ACTION: Place the contract on the September 17 Commission agenda for approval. Attachment: Draft contract Briefing Summary 8/23/2019 EXTENSION OF PROFESSIONAL SERVICES CONTRACT WITH MASONWEBTV.COM FOR LIVE VIDEO STREAMING Mason County desires to extend the contract the MasonWebTV.com that was entered into on December 6, 2016 for live video streaming of regular Mason County Commission meetings, Board of i Health meetings and additional meetings as agreed to by both parties. The agreement is extended to December 31,2019. The following clause will be stricken from the contract: MWTV will provide to the County a DVD of each regular meeting streamed at no additional cost for retention purposes. The DVD shall become the property of the County. All remaining provisions of the agreement remain the same. r%d Dated this2 day of (rdbQ►' ,2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON X/ /�� Ra0y Neatherlin,Chair i ATTEST: CI rk o he Board U Kevin Shutty,C7`1 ssioner APPROVED AS TO FORM: Terri Drexler, CUmmissioner rim Whitehead,Chief DPA Ocan MasonWebTV J:\CONTRACTS\Mason WebTV contract\Extend MasonWebTV contract 2019.doc MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY"and MasonWebTV.com, hereinafter referred to as"MWTV." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide live video streaming services (Streaming Services)for regular Mason County Commission and Board of Health meetings; and WHEREAS, MWTV warrants that it is qualified and competent to render the Streaming 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: General Conditions Scope of Services: The MWTV agrees to provide to 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 the COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT is January 1,2020 to December 31, 202047. Term: Services provided by MWTV prior to or after the term of this CONTRACT shall be performed at the expense of MWTV and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. 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 three years. Compensation: The rate per meeting is$6975 for up to 42 hours for regular business meetings and special meetings held in the County Commission Chambers in Shelton and in the North Mason School Dsitrict Boardroom in Belfair. For special meetings held in other locations,the rate per meeting is$100 for up to 2 hours. The rate for each additional hour is$25. A$50 charge may be charged if MasonWebTV is asked to provide a sound system/public address system to amplify sound during the meeting. Streaming Services may be provided at additional meetings as agreed to by both PARTIES at the above rates. Mason County Board of Health meetings will be stream/recorded at no charge. Formatted:Strikethrough tA f^r'^i�^�_^^ __thp_Tti�nim���u ti� ,�iti�. _tePFOpeFa.,- s Fti�Ir,.�.tiFKe ___---___ Comment[dzlj:Stricken in 2019 contract ext. t i Accounting and Payment for MWTV Services: The COUNTY will remit funds to.MWTV as invoiced for Streaming Services at the above rates within 30 days of receiving an acceptable invoice. The invoice shall include at a minimum,the name of company, remittance address,DUNS and EIN number, contact name, phone number and e-mail and actual number of meetings,length of meeting,when services were provided. Invoices will be submitted monthly and at a minimum,shall be.submitted quarterly for payment. Unless approved in writing in advance by the official executing this CONTRACT for the COUNTY or their designee(hereinafter referred to as the"Administrative Officer")the COUNTY will not reimburse MWTV any costs orexpenses incurred bythe MWTV in the performance of this CONTRACT. Taxes: MWTV understands and acknowledges that the COUNTY will,not withhold Federal or State income taxes. Where required by State or Federal.law, MWTV.authorizes the COUNTY to withhold for any taxes other than.income-taxes.(i.e.,Medicare). All coppensation received by MWTV will be reported to the Internal Revenue Service at the end of.the calendar year in accordance with the applicable IRS.regulations: ft is the responsibility'of MWTV to make the ecessary estimated tax payments throughoutthe year, if any,,and MVVFV is solely liable for any tax obligation arising from the MWTV's performance of this CONTRACT. MWTV hereby agrees to indemnify the COUNTY against any•;demand to pay taxes arising from the MWTV's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and.use.taxesimposed on,goodsmr services acquired hereunder as required by law. MWTV must pay:altothertaxes,inc4uding,butnot limited to, Business and Occupation Tax, taxes based orrMWTV's gross or net income, cwpersonal property to which COUNTY does not hold title. COUNTY is exempt from federal EExcise Tax. Withholding Payment: In the event MWTV has failed to perform.any nbligation.under this.CONTRACT within the times set forth in this CONTRACT,then.COU74TY may,.upon written notice,withhold from amounts otherwise due and payable to MWTV Wthout penalty. until such failure to perform is cured or otherwise adjudicated. Withholding-under this clause shall not be deemed a breach entitling MWTV to termination or damages,provided that COUNTY prargptly gives notice in writing to MWTV of the nature of the default or failure to perform_and in no case more than ten(10)days after it determines to withhold,am ountsotherwise.-due. .A determination of the Administrative Officer set forth in a notice to MWTV of the;act+on required andtoT the amount required to cure any alleged failure to perform shall beideemed,conelusive,except to the extent that MWTV acts within the times and in strict aecordwwith the provisions ofthe'Disputes clause of this CONTRACT. COUNTY mayact in aoc+ordance 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_tobe•paid:and to•charg.ethesame to the account of MWTV, (3)to set off any amount so paid:orincurredfrwm amounts due or to become due MWTV. In the event MWTV obtains.reiief upon claim under.the Disputes clause, no penalty or damages shall accrue to MWTV by reason.of,good>faith withholding byiCOUNTY under this clause. Labor Standards: MWTV agrees to complywith all apphcable,state.and tederad,mquirements, including but not limited to those pertaining to payment,of wages.and woricipg conditions, in accordance with 2 RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990;the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: MWTV's services shall be furnished by MWTV 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 MWTV as an independent contractor. MWTV acknowledges that the entire compensation for this CONTRACT is specified above, Compensation, and MWTV 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. MWTV 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. MWTV 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, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Both parties agree that, as an independent contractor, MWTV is not prohibited from pursuing additional advertisers or sponsors to offset costs of providing services. Advertising on the Mason County Commission streaming page containing the following content will not be permitted: • Obscene or indecent • Discriminatory • Religious • Political • Public Issue In addition, advertising that depicts or promotes the following products, services or other material will not be permitted: • Tobacco,liquor,or recreational drug products • Films rated"X"or"NC-17"and video games rated"A"or"M",or comparable industry standards • Adult book/video stores, adult Internet sites, adult telephone services,escort services and adult entertainment establishments • Any material that is false, fraudulent, misleading, deceptive or would constitute a tort of defamation or invasion of privacy • Any material that is so objectionable that under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of, or interference with a transportation system • Any material directed at a person or group that is so insulting, degrading or offensive as to be reasonably foreseeable that it will incite or produce imminent lawless action in the form of retaliation,vandalism or other breach of public safety,peace and order 3 Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by MWTV. 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. No Guarantee of Employment: The performance of all or part of this CONTRACT by MWTV shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of MWTV or any employee of MWTV or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of,or during the term of this CONTRACT, MVVFV 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 MWTV 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 MWTV 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. MWTV 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 MWTV is governed by such laws, MWTV 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 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, MWTV 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: MWTV 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 4 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. Waiver of Noncompetition: MWTV irrevocably waives any existing rights which it may have, by contract or otherwise,to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and MWTV further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Ownership of Items Produced: When MWTV creates any copyrightable materials or invents any patentable property in connection with performance of this CONTRACT, MWTV may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. MWTV further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Patent/Copyright Infringement: MWTV will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the contractor infringes any patent or copyright. MWTV will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. MWTV shall be notified promptly in writing by COUNTY of any notice of such claim. B. MWTV shall have the right, hereunder, at its option and expense,to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: MWTV, its employees,sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by MWTV in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. MWTV shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. MWTV 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 MWTV'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 5 any and all communications with or evaluations by service recipients under this CONTRACT. MWTV 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. MWTV 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 notice is given to MWTV, then MWTV agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, MWTV shall provide insurance that meets or exceeds the requirements detailed in"Exhibit C Insurance Requirements." 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, MWTV 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 MWTV. This waiver is mutually negotiated by the parties to this CONTRACT. MWTV Commitments,Warranties and Representations: Any written commitment received from MWTV concerning this CONTRACT shall be binding upon MWTV, unless otherwise specifically provided herein with reference to this paragraph. Failure of MWTV to fulfill such a commitment shall render MWTV liable for damages to COUNTY. A commitment includes,but is not limited to, any representation made prior to execution of this CONTRACT,whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by MWTV. To the fullest extent permitted by law, MWTV 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 MWTV, its employees,agents or volunteers or 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 MWTV's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of MWTV shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of MWTV shall not be limited in any way 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 MWTV hereby expressly waives any immunity afforded by such acts. The 6 foregoing indemnification obligations of MWTV are a material inducement to COUNTY to enter into this CONTRACT, are reflected in MWTV'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 MWTV's indemnity obligations under this CONTRACT. Survival of MWTV's Indemnity Obligations. MWTV agrees all MWTV's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event MWTV enters into subcontracts to the extent allowed under this CONTRACT, MWTV's subcontractors shall indemnify COUNTY on a basis equal to or exceeding MWTV'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. MWTV 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 MWTV hereby accepts, the Mason County Administrative Services 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: Diane Zoren,Administrative Services Manager 411 North 5"'Street Shelton,WA 98584 MWTV's Primary Contact's Information: Dedrick Allan dedrickal lana)hcc.net 360-229-2234 Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by MWTV 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. 7 i Termination for Default: If MWTV 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 MWTV 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, MWTV 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 MWTV. MWTV 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 MWTV 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: 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, MWTV 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 project funding including State and/or Federal grants.Whenever the CONTRACT is terminated in accordance with this paragraph, MWTV 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 MWTV 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. MWTV 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 MWTV 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 MWTV believes additional compensation or extension of time is due,the nature of the cost involved, and insofar as possible,the amount of the potential 8 claim. MWTV 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. MWTV 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, MWTV 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 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 or judgment 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. 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 Mason County and 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. 9 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. Funding source agreement(s)including attachments C. Special Conditions D. General Conditions 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. IN WITNESS WHEREOF,COUNTY and MWTV have executed this CONTRACT as of the date and year last written below. MasonWebTV BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Dedrick Allan Kevin ShuttyTeFFi jeffFeys,Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 10 EXHIBIT A SCOPE OF SERVICES 1. County will provide access to the County's internet connection and necessary passwords for connectivity. If a connection is not available,MWTV will utilize a mobile broadband device provided sufficient signal is available.If sufficient connection and/or signal are not available, MWTV will take all efforts to record the meeting and post the video to the web in a timely manner. 2. M\WW will utilize a minimum of one camera(provided by MWTV),a connection to the existing sound system in the Commission Chambers,and other microphones and equipment as needed (provided by MWTV). 3. MWTV may utilize additional microphones and other necessary equipment to better provide the public access to pictures,maps and charts. County staff will make those documents available to MWTV prior to the meeting for inclusion in the webcast. 4. M\WW will send a video and audio feed to YouTube that the County,MasonWebTV.com,Hood Canal Communications,the public and others can embed on their websites.Hood Canal Communications will also utilize this feed for broadcasting on their Local Channel. 5. MWTV shall provide available analytical information(number of users viewing video live and recorded,length of time of viewing,etc.)to the County every quarter. This information shall be used for performance review. 6. MW1V reserves the right to stream or record other Mason County Commission meetings utilizing the same internet connection and connection to the existing sound system without additional cost to the County. 7. County will provide MWTV access to meeting venue one hour prior to meeting time for set up and allow ample time for breakdown after meeting conclusion. -7-.8.County will provide WnV advance notification if a presentation will be made utilizing electronic means(PowerPoint or video to the monitor)in order to include the presentation in the video/stream. That notification should be at least one day Prior to the meeting and Presenters should arrive a mimimum of 30 minutes before the meeting time to be certain they are accommodated and the presentation is compatible with existing systems. 11 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. 2.Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits 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.This requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If MWTV or MWTV's employees will use personal autos in any way on this project, MWTV shall obtain evidence of personal auto liability coverage for each such person. 4. 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 MWTV, sub-contractors 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. MWTV 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. MWTV also agrees to require all contractors,sub-contractors and anyone else involved in this CONTRACT on behalf of MWTV(hereinafter"indemnifying parties')to comply with these provisions. 2. MWTV 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 MWTV or required of others by MWTV 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. 12 4.All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. MWTV shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. Proof of compliance with these insurance requirements,consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, 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 MWTV or deducted from sums due MWTV. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by MWTV 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. MWTV 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 MWTV's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY.The COUNTY may review options with MWTV,which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. MVVTV 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. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by MWTV or any sub-contractor is intended to apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 13 MasonWebTV Powered by MasonWebTV.com has been providing live video streaming and video recording services for Board of Mason County Commissioners' meetings since January 2015. During the past four and a half years, residents have become reliant on these services to remain informed about County business. Our videos are especially important for those who are not able to attend meetings. Also, news organizations utilize the videos to write and report stories on the Mason County Commission for their media outlets. Since contracting with the Mason County Commission, MasonWebTV has grown from one camera utilizing room audio to a multiple camera system (five cameras during the last meeting) with microphones for all. Our video quality has also improved as we have been broadcasting in HD for nearly two years. MasonWebTV would like to continue providing video recording/streaming services for the Board of County Commissioners beyond December 31 , 2019 when our current contract expires. The following are proposed changes to the existing contract for 2020: Rate Per Meeting Multiple camera video streaming/recording of regular business meetings and special meetings in known locations (County Commission Chambers in Shelton and the North Mason School District Boardroom in Belfair) for up to two (2) hours including appropriate setup time: $75.00 per meeting. For meetings longer than two (2) hours, the additional rate per hour is $25.00. Mason County Board of Health meetings will continue to be stream/recorded at no charge. Charges only apply to Mason County Commission business meetings. For special meetings held in unfamiliar locations (such as the October 30, 2018 fifth Tuesday meeting which was held in Hoodsport) for up to two (2) hours including appropriate setup time: $100.00 per meeting. For meetings longer than two (2) hours, the additional rate per hour is $25.00. **A $50.00 charge may be incurred if MasonWebTV is asked to provide a sound system/public address system to amplify sound during meeting (this is rental fee for our sound system.) Appropriate Notification of Presentations MasonWebTV asks for appropriate notification if a presentation will be made utilizing electronic means (PowerPoint or video to the monitor in the Commission Chambers or NMSD Boardroom). To include presentations in the video/stream, we need to set up additional equipment. Research and Analysis Approach + Academic literature review-Collective Impact Framework • Data collection and analysis • Stakeholder interviews • Observations TAT EVANS St1iUOk{lf.. Figure 1 -PowerPoint presentation added directly to video while live streaming That notification should be at least the day before but a notation on the meeting's agenda would be helpful. Presenters should arrive a minimum of a half hour before meeting time to make sure they are accommodated and make sure their presentation is compatible with existing systems. Consistently, for Board of Health meetings, staff has shown up five minutes before a meeting with a presentation and everyone scrambles to accommodate them. We are asking for more communication and notification of presentations so we can be prepared - aside from just pointing a camera at the monitor. e si Figure 2-camera pointed at monitor with PowerPoint presentation Set Up Time MasonWebTV needs about an hour to set up equipment for a meeting (more time would be required if also setting up a sound system). We ask that the County continue to provide that hour before a meeting for setup and less than an hour to pack up our gear after the meeting. Renewal/Extension MasonWebTV proposes an annual review of this agreement prior to the County budget process for the next year. Adjustments, if any, can be agreed upon at that time. Some interesting notes: The longest meetings were nearly three and a half hours (on December 20, 2016 and December 5, 2017). The shortest meeting was four and a half minutes, but it was a special emergency meeting (on October 14, 2016) that was not streamed live or charged to the County. The shortest meeting streamed live and charged to the County was about 12 and a half minutes long (on January 22, 2019). Questions should be directed to Dedrick Allan 360-229-2234 or dedrickallan(a)-hcc.net WASHINGTON Fq STATE ASSOCIATION of COUNTIES DATE: August 21, 2019 TO: WSAC Members FROM: Councilman Derek Young,Legislative Steering Committee Co-Chair Commissioner Wes McCart, Legislative Steering Committee Co-Chair SUBJECT: Regional and Local Legislative Meetings The Washington State Association of Counties (WSAC) Legislative Steering Committee (LSC) is asking WSAC members to work with WSAC staff to either schedule local meetings with their legislators OR coordinate regional legislative meetings before the legislative session begins in January. The purpose of these meetings is to update as many legislators as possible on the WSAC 2020 legislative priorities and other issues facing Counties here in Washington State. Previous regional meetings have included these county groupings: Chelan, Douglas, Grant, Kittitas, Lincoln, Adams,Asotin, Benton, Columbia, Franklin, Garfield,Walla Walla,Whitman Ferry, Okanogan, Pend Oreille, Stevens Klickitat,Skamania,Yakima Clark, Cowlitz, Lewis, Pacific,Wahkiakum Island,San Juan,Skagit,Whatcom Clallam, Grays Harbor,Jefferson, Kitsap, Mason,Thurston Previous local county meetings: King Pierce Snohomish Spokane WSAC staff will start reaching out to the Clerks of the Board to set up these regional meetings as listed above-or working with you to host an individual County legislative meeting. As the meeting time approaches, WSAC will provide a pre-meeting memo, the 2020 legislative agenda talking points and an agenda for the meeting. WSAC staff will attend all the meetings to participate in the briefing and provide support to our members on the legislative priorities. WSAC staff will be coordinating these meetings and will be the point of contact for questions and arrangements. If you have any questions, please contact Lynn at lfiorillo- lowe@wsac.org. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit DEPARTMENT: Community Services — Public EXT: 404 Health BRIEFING DATE: 9/9/19 PREVIOUS BRIEFING DATES: 8/5/19 If this is a follow-up briefing, please provide only new information ITEM: News Release — Establishment of HB 1406 and affordable housing awards EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): News Release to announce that we are the second county in the state to enact legislation to retain a local sales tax under HB 1406 for affordable housing and to make it public that we are putting funds toward the veteran tiny home project (also had to mention housing authority since they were awarded at the same time under the same RFP bid). BUDGET IMPACT: n/a PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Press Release RECOMMENDED OR REQUESTED ACTION: Approval of the news release to be released but not read at the consent agenda meeting. ATTACHMENTS: News Release Briefing Summary 9/3/2019 NEWS RELEASE September 10, 2019 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 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: More money toward affordable housing Mason County is the second county in the state to pass an ordinance that allows local jurisdictions to retain a portion of the state sales tax to be used toward affordable housing. The Housing and Behavioral Health Advisory Board and the Mason County Commissioners acted quickly at early adoption as they recognize the need for more affordable housing, maintaining the affordable housing that presently exists and supportive services that keep people housed. House Bill 1406, established April 2019, allows the revenue collected to go towards acquiring, rehabilitating, or constructing affordable housing, including new units of affordable housing within an existing structure or facilities providing supportive housing services to individuals with mental or behavioral disorders. It also allows for operations and maintenance costs of new units of affordable or supportive housing. Housing and services may only be provided to persons whose income is at or below 60 percent of the county median income. The estimated annual amount is $104,000 and the tax-retention expires 20 years after the jurisdiction first imposes retention of the tax. The City of Shelton and Mason County entered into an Interlocal Agreement (ILA) in March of 2019 to work together on affordable housing and homelessness. HB 1406, in conjunction with the local document recording fees, provides another fund source to impact needed housing and services in the community. The Housing and Behavioral Health Advisory Board recently evaluated Request for Proposals for affordable housing acquisition and preservation. Their recommendation was accepted by the Board of County Commissioners to fund needed roof maintenance on Housing Authority property and provide support to Quixote Communities toward the manufacturing and installation of tiny homes in the village for veterans. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit DEPARTMENT: Community Services — Public EXT: 404 Health BRIEFING DATE: 9/9/19 PREVIOUS BRIEFING DATES: 8/12/19 If this is a follow-up briefing, please provide only new information ITEM: Local Document Recording Fees (2060) - Housing Authority Contract EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Housing Authority was awarded $100,000 for stair and deck repairs in March 2019. An additional $50,000 was awarded to aid in needed roof repairs. BUDGET IMPACT: Budgeted 2060 fund PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Approval of the contract for the consent agenda. ATTACHMENTS: Housing Authority Draft Contract Briefmg Summary 9/3/2019 1 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT #2HA.2060.2019.1 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason County Housing Authority, hereinafter referred to as "CONTRACTOR." Contracted Entity Mason County Housing Authority Address 415 N 61h Street City, State, Zip Code Shelton, WA 98584 Phone 360-427-9670x720, 360-490-1977 Primary Contact: Name, Title Kathryn M Haigh, Chairperson Primary Contact: E-mail kathaigh@aol.com Washington State UBI# N/A Federal EIN 91-1082643 DUNS# 832110865 Total 2060 Funds Awarded Up to $50,000 Total 2163 Funds Awarded none Total Award/Contract Value Not to exceed $50,000 Performance Period September 1, 2019 - November 1, 2019 Contract Expiration Date December 13, 2019 PURPOSE: The purpose of this contract is to assist the COUNTY in providing and/or maintaining affordable housing units pursuant to RCW 36.22.178 and the COUNTY'S Affordable Housing Acquisition and Preservation Program. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: homeless housing, affordable housing and housing services that benefit low-income (less than 50% AMI), homeless and at-risk of homelessness residents residing in Mason County and detailed in "Exhibit A Scope-of-Work;" and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services and WHERAS, the roof's at Pine Garden Apartment Complex are in disrepair with tarps covering many buildings to prevent further leaking; 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 Funding Source: Revenue from document recording fees as allowed per 2002 Substitute House Bill (SHB) 2060 (RCW36.22.178). Funding Distribution: CONTRACTOR agrees that no advancements of funds will be made, and all payments will follow the invoice and reimbursement process of MASON COUNTY. The completion date of the roof repairs under this contract is November 1, 2019. The contract expires close of business December 13, 2019. The CONTRACTOR has until this date to submit all invoices for payment. CONTRACTOR agrees that all unspent funds are forfeited upon the expiration date of the contract. CONTRACTOR to provide the documentation and invoices as required and detailed in "Exhibit B Compensation." Should CONTRACTOR fail to properly report, ensure permits are obtained and document allowable expenses COUNTY will require CONTRACTOR to repay unaccounted for funds within 30 days of request from COUNTY. Should CONTRACTOR fail to submit any reports, including the final report and/or invoices as detailed in "Exhibit B Compensation" and "Exhibit E Reporting" COUNTY reserves the right to disqualify CONTRACTOR as an eligible contractor for subsequent funding programs. Required Assurances from Request for Proposal: Fair Housing and Affirmative Marketing-All housing construction, purchase or rental projects must comply with the following federal fair housing laws, including but not limited to: Title VI of the Civil Rights Act of 1964 as amended; The Fair Housing Act; Equal Opportunity in Housing Act; and Age discrimination act All housing projects must adopt affirmative marketing procedures in compliance with federal and county policy. An affirmative marketing plan must be provided. The plan must, to the greatest extent possible, provide information to the public and potential tenants that may be underserved in the community. Accessibility-All projects must comply with the accessibility laws, including the Americans with Disabilities Act and Fair Housing Act. Financial Management-CONTRACTOR must comply with all relevant accounting/financial standards and have a management system in place that can demonstrate cost reasonableness. Contract Number CONTRACTOR must include/reference the Contract # on all invoices, reports and other documents pertaining to this CONTRACT. General Conditions Scope of Services: The CONTRACTOR agrees to provide to 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 the COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT begins September 1, 2019 and ends November 1, 2019. Allowed expenses incurred during this performance period may be billed to this CONTRACT without regards to the actual date of CONTRACT execution. 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 Compensation: CONTRACT total value not to exceed $50,000. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the 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 the COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. The 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 the COUNTY does not hold title. The COUNTY is exempt from Federal Excise Tax. 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 the 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 the 4 COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 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. The 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 the COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 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" 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 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 the COUNTY. 5 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 the COUNTY at the present time or in the future. 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 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. 6 Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made provided no reduction in performance or loss results to COUNTY. 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 the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. 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 notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Minimum Insurance Required: At a minimum, CONTRACTOR shall provide the following types and amounts of insurance: 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 $1,000,000 general aggregate. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits 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. 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. Proof of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." Additional Insurance Requirements and Stipulations: CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT C Insurance Requirements." Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated 8 elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way 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 COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Provider's initials acknowledging indemnity terms: 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 the 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 Director of the Mason County Community Services Department and his or her designees, as COUNTY's representative, hereinafter referred to as the Administrative Officers, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act 9 on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The designated Administrative Officers for purposes of this CONTRACT is: Program David Windom, MSHS, Director Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 293 Fax: 360-427-7787 E-mail: dwindom@co.mason.wa.us Submit all reports/forms to caseyb(ab-co.mason.wa.us Financial: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@co.mason.wa.us; Submit all reports/forms to caseyb(a)_co.mason.wa.us Contractor Contact Information: Kathryn Haigh, Chairperson, Mason County Housing Authority, 360-490-1977 kathaigh@aol.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's designees under this CONTRACT. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the U.S. mail. 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. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product as outlined in the SCOPE OF WORK and COMPENSATION BY the contract term end date. 10 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: 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 project 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: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, 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. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: 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 or COUNTY, or (2)the happening of any event or occurrence, unless 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 CONTRACTOR believes 11 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. Detailed Claim: 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, 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 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 or judgment 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. 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 in and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and 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 12 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. Funding source agreement(s) including attachments C. Special Conditions D. General Conditions Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, including the Request for Proposals issues May 26, 2016 and the submitted proposals, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Exhibits: Exhibit A Scope-of-Work and Deliverables Exhibit B Insurance Requirements Exhibit C Compensation Exhibit D Work Estimate IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Mason County Housing Authority Mason County Community Services Department Kathy Haigh, Chair Kevin Shutty, Chair Mason County BOCC Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 13 EXHIBIT A SCOPE OF WORK and Deliverables 1. CONTRACTOR must include/reference the Contract # on all documents submitted pertaining to this CONTRACT. 2. CONTRACTOR is required to use a licensed contractor to repair and replace as necessary the roofs as described in estimate #5419 by Cogent Construction for the Pine Garden Apartment Complex located at 3000 Johns Prairie Rd., Shelton, WA, 98584. All repairs and replacement work shall be complete by November 1, 2019. 3. CONTRACTOR is required to acquire all necessary permits and inspections from the City of Shelton and submit these as part of contract close-out documents. 4. CONTRACTOR must formulate and submit invoices for reimbursements as work is completed within the terms of this contract and detailed in Exhibit D Work Estimate. Submit all reports and invoices to Casey Bingham (a� caseyb(o)co.mason.wa.us 5. DELIVERABLES: All invoices and documentation must be submitted no later than close of business December 13, 2019 to close out this contract a) Invoices of allowable expenses that detail goods, materials and labor connected to the repairs and replacements as noted above that incur during the performance period of this contact, b) Proof of Licensed Contractor is subcontracted to perform the work c) Permits, d) Final inspections 14 EXHIBIT B 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. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits 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. 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 r, 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 is attached hereto as "Exhibit D Certificate of Insurance." 3. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 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. 15 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. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, 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. 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. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, is intended to apply on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. 16 EXHIBIT C COMPENSATION 1. Any travel expenses included in the estimate and detailed in this CONTRACT will be allowed at current Washington State reimbursement rates. 2. CONTRACTOR must include/reference the Contract # on all invoices. 3. The approved budget which details the expenses that CONTRACTOR can use CONTRACT funds for are approved in an amount not to exceed $50,000. 4. Budget Revisions: a) CONTRACTOR must submit a written request to the COUTNY for any budget modifications prior to using program funds for expenses outside of the approved budget b) Modification request must include a justification and be submitted with a revised budget that reflects the funds use adjustment. c) COUNTY will notify CONTRACTOR of modification decision in writing. d) The revised budget as submitted and approved by COUNTY will be appended to this CONTRACT without the need for a formal CONTRACT amendment. 5. Procurement: CONTRACTOR is required to procure goods and services in alignment with Washington State procurement standards. 17 EXHIBIT D WORK ESTIMATE COGENT CONSTRUCTION INC COMMLRCIA1 AND RULD:NTIA .ROOFING Date E5limale& PO BOX 675 Union WA 98592 I/M2019 5419 Llc#COGENC193IRG Phone:360.427.3162 Fax:360.427.4377 Emall:info(gCo(IonlConstnrctioninc.com Web:www,CogentConotructioninc.com Name/Addross Kathy I laigh 301 S 5th SL Shelton,WA 985M P.O.No. Project 70011 Johns Ptaric Rd... Description Total Reniovnl areii composition on entire rcnufning apartmont complex and rc roafwith CM-341tocd landmark compusilion 90,7%).(n with scolchgard over synthetic undcrinymcnt.Hand nail all shingles Rcmovc and dispose of all debris. Runoval of all existing rotten slhceling and re sheet with rew I T2'CDX plywood 3R,769.00 'Nota No painting is includLd in this cslimale 'Ilds r 141111 a includes all vewilation,pflw boots,flashing and/or any other roof related components. Option to Irpgradc to 16'snap lock metal roofing will be an additional$36,670-00(9Itn;ommeltdedo) i Any composition estimate over 15,000.00,as NJ ell as fill metal e5tf nfites,will require 112 down payment upon mnterlal order,with bnlnuce due upon completion. Cogent Construction Inc.ruluires signature and dote on Estimate for acceptance of contract.Purchaser has up to 2-1 huurrs for recision of entire contract less deposit.Recision ofcontrnci alter 24 hours will hold purchaser liable For 33%of cntirn cunituet Clang with any acquircd fees or costs aswcintcd with sold projecl.All nraterlei Is gmmhnlced to be as specil icd. All stork shall be completed in a quality manner In accordance with industry sumdurds. ALL liIhiA7'r.PRICES ARE DISCOUNTED BASED ON CASH OR CIILCK PAl'N1ENT. CREIHT CARD PAVh1ENTS ARE SUBJECf TO A 31L All FUCHAN'I'('11.ARGE. Fees,Permits and Washinglon State Sala tax Total are nut included in this estimate: Customer Sionatura Dano ---- MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Michael MacSems DEPARTMENT: Community Services EXT: S71 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: New Release for two open seats on the Historic Preservation Commission. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) BACKGROUND: The Mason County Historic Preservation Commission is a seven (7) member commission which serves to identify and actively encourage the conservation of Mason County's historic resources. The terms for two seats will expire at the end of November 2019. The two currently filled seats are held by Vice Chair Steven Rose and Lorilyn Rogers. MCHPC terms are for three years. The incumbents are welcome to reapply and any qualified member of the public may also apply. BUDGET IMPACTS: This proposal has no cost. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) Read News Release in a public meeting, place news release on Mason County website and submit news release to the Mason County Journal. RECOMMENDED OR REQUESTED ACTION: Approve the reading of the attached News Release in order to attract candidates for these positions. The News Release would be read by Michael MacSems at the September 17th, 2019 meeting of the Mason County Board of Commissioners weekly meeting and placed on the Mason County Historic Preservation Commission's webpage. ATTACHMENTS: New Release, 2019 HPC Membership Roster Breifing Cover New Sheet Open Seats NR.doc 2019 Mason County Historic Preservation Commission Membership List Stephanie Neil Professional Expertise Nov 2021 91 E Morris Creek Dr. Belfair,WA 98528 Works for Dept of Army Corps,formerly with Squaxin Cultural Resources and USFS Steve Rose Vice Chair Nov 2019 P.O.Box 1215 Allyn,WA 98524 Christina Lee Williams Nov 2020 2301 E Anthony Rd Grapeview,WA 98546 Russ Sackett Professional Expertise Nov 2019 51 NE Rainier Place North Belfair,WA 98528 Former Alaska State Architectural Historian Edgar Huber Professional Expertise Nov 2020 111 SE Emerald Drive Shelton,WA 98584 Principle Investigator/Project Manager at SRI Lorilyn F.Rogers Nov 2019 W 229 Wyandottte Shelton,WA 98584 Rick Calvin Chair Nov 2021 2461 E Grapeview Loop Rd Grapeview,WA 98546 Rhonda Foster Ex-Officio Member THPO Squaxin Tribe SE 70 Squaxin Ln Shelton,WA 98584 Kris Miller Ex-Officio Member THPO Skokomish Tribe N 541 Tribal Center Shelton,WA 98584 NEWS RELEASE September 17, 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: Mason County Historic Preservation Commission The Mason County Commissioners are seeking an applicant to fill an open position on the Mason County Historic Preservation Commission. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Mason County's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties. They also work to raise community awareness of Mason County's history and historic resources and serve as Mason County's primary resource in matters of history, historic planning, and preservation. Commission members serve three-year terms and meet monthly, during business hours, at the County offices in Shelton. These new terms will run from December 2019 to November 2022. Applicants must be residents of Mason County. Interested persons are encouraged to apply for this commission by completing an advisory board form that can be downloaded from our website — http://www.co.mason.wa.us/forms/advisory/Advisoryboardapp.pdf or by calling the Commissioners' office at 427-9670 ext. 419 or 275-4467 ext. 419. Completed applications should be submitted in the Commissioners' office at 411 N 5th Street, Shelton by 5.00 PM. Positions are open until filled. If there are questions about this position, please contact Michael MacSems at 427-9670 ext. 571. 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: Michael MacSems DEPARTMENT: Community Services EXT: 571 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Delisting the Willard Libby Barn from the Mason County Historic Registry. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In February 2019 the historic Willard Libby Barn was irreparably damaged by heavy snow fall and the owners of the barn received permission from Mason County to demolish the structure for life-safety reasons. The barn is listed on the Mason County Historic Registry, and since it no longer exists, it needs to be removed from the Historic Registry. It to an official act of the BOCC to place the barn on the registry and it takes an official act of the BOCC to remove it. BUDGET IMPACT: None. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) A public hearing was conducted by the Mason County Historic Preservation Commission on August 8, 2019. At that hearing the MCHPC voted to recommend to the BOCC that the barn be delisted. RECOMMENDED OR REQUESTED ACTION: At the September 17th BOCC meeting remove the Willard Libby Barn from the Mason County Historic Registry as an Action Agenda item. ATTACHMENTS: Delisting Application, Background Information on the Willard Libby Barn. Breifing Cover New Sheet Historic Registry.doc MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT MASON COUNTY HISTORIC REGISTER A) Identification Property Name: Willard Libby Barn Address: 1090 E. Libby Road City: Shelton County: Mason B) Site Access (Describe site access, restrictions, etc) N/A Q Property Owner(s): Name:Charlie and Susan Doolittle Address:1090 E. Libby Road City:Shelton State:Washington Zip:98584 Phone:360-970-3333 D) Applicant: Name: Mason County Historic Preservation Commission Address: 415 N. 6th Street City:Shelton State: Washington Zip: 98584 Phone: 360-427-9670 E) Legal Boundary Description and Boundary Justification Tax Parcel No.22019-50-020015 Plat/Lot/Block VIEW CREST BEACH BLK: 2 LOTS:15-18 & 1/22 INT 8-A BLK: 1 MASON COUNTY HISTORIC REGISTER F) Category of Property (Choose One) X Building Structure District Object (Statue, etc.) Cemetery/Burial site Historic Site (Site of an important event) Archaeological site Traditional cultural property (Spiritual or creation site) Cultural landscape (Habitation, agricultural, industrial, recreational, etc) G) Area of Significance — Check as many as apply Any building, structure, site, object or district may be designated for inclusion in the Mason County Historic Register if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least two (2) of the following categories: 1. Is associated with events that have made a significant contribution to the broad patterns of national, state or local history. Explain:N/A 2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction. Explain: N/A 3 Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art. Explain: N/A 4. Exemplifies or reflects special elements of the Mason County's cultural, special, economic, political, aesthetic, engineering, or architectural history. Explain: N/A 5. Is associated with the lives of persons significant in national, state, or local history including person(s) significant in local Tribal history. Explain: This is an application to remove a building from the Mason County Historic Register. Please see attachment "A" for all relevant references. 6 Has yielded or may be likely to yield important archaeological information related to history or prehistory. (Archaeological sites are further regulated under WAC 25-48 — Archaeological Excavation and Removal Permit, RCW 27.44— Indian Graves and Records and RCW 27.53 —Archaeological Sites and Resources). Explain: N/A 7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with a historic person or event. Explain: N/A 8. Is a birthplace or grave of a historical figure of outstanding importance and is the only surviving structure or site associated with that person. Explain: N/A g,. Is a cemetery, which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns. Explain: N/A 10. Is a reconstructed building that has been executed in a historically accurate manner on the original site. Explain: N/A 11. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories. Explain: N/A H) Property Description: (Please attach site map showing building location, etc.) Please see Attachment "D" I) Significance Summary: Please see Attachment "D" J) Date of construction: 1914 K) Building Style(i.e.Art Deco,Colonial,Gothic,Queen Anne,Craftsman,Tudor,etc.)Barn L) Roof Style: Gable M) Cladding (Exterior Covering): Wood, vertical N) Form (i.e.agricultural,commercial,single-family,etc.) Agricultural, other (storage) U) Current/Historic Use (i.e.domestic,commerce,government,education,agriculture/defense, transportation,etc.) N/A P) Documentation Xerox and attach any information or evidence that supports the property's significance. Please see Attachment "D" Q) Map and Photographs Please see attachment "D" Attach copies of historic maps or photos if a vailab/e, and current photos(5 x 7 B& W). Include a current map-appropriate U.S.G.S. map and parcel map- with the location of the property and its boundaries clearly marked. Applicant Signature: Richard E. Calvin //signed// Owner Signature (if different): N/A - Not required per Mason County Historic Preservation Ordinance - Title 17 Chapter 17.40 Mason County Code - 17.40.140 Mason County Register of Historic Places - Paragraph C. Date Submitted: 7/11/19 For Office Use Only: Date Application Received by County: '7/0 Public Hearing Date: V3 _( County Action Taken: Historic Preservation Commission: Board of County Commission: MASON COUNTY 41sk HISTORIC PRESERVATION COMMISSION IMF NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing before the Mason County Historic Preservation Commission will be held in the Mason County Courthouse Building VIII, Public Health Meeting Room at 415 N 6th Street, Shelton, Washington, 98584 on Thursday August 8, 2019 at 2:00 p.m. SAID PUBLIC HEARING will be to consider the removal of the Willard Libby Barn from the Mason County Historic Registry. The historic barn was demolished earlier in 2019, due to irreparable storm damage. The barn was located 1090 E Libby Rd, Shelton, Washington, tax number 22019-50-02015. The applicant for the delisting is the Mason County Historic Preservation Commission and the property owner is Charlie and Susan Doolittle. Copies of the application and documentation may be obtained from the Mason County Department of Community Development, located at 615 W Alder Street, Shelton, Washington, or by calling Michael MacSems, Land Use Planner at 360-427-9670 ext. 571. If special accommodations are needed, contact the Mason County Commissioner's office at 427- 9670 ext.400. cc: Mason County Journal,pub 2 times,July 25 and August 1,2019 (Bill Mason County Dept of Community Development,615 W Alder St,Shelton,WA 98584(attn: Kathy Chaussee)) UN, rMe y�` .: �....... WA MASON COUNTY x HISTORIC PRESERVATION COMMISSION TO: Mason County Historic Preservation Commission FROM: Michael MacSems SUBJECT: Willard Libby Barn Removal from Historic Register. DATE: August 8,2019 Please find attached the submittal package provided to me by Rick Calvin, Chair of the Mason County Historic Preservation Commission when he applied to have this barn removed from the Mason County Historic Registry on July 9,2019. On March 6,2019,the MCHPC held an emergency public meeting with barn owners Charlie and Susan Doolittle,to hear their request that they be allowed to demolish the barn due to damage sustained during a recent heavy snow fall. At that meeting the MCHPC voted to issue a Waiver of a Certificate of Appropriateness as called for by MCC 17.40.150.C.3. While the historic nature of the barn was well documented, it was obvious from photos that the structure had deteriorated to the point that it had become a hazard to a near by house. Mason County Code 17.40.140.0 provides for instances in which a historic resource may be removed from the Historic Registry, which is the same process used to place the resource on the Historic Registry. The process consists of a public hearing by the MCHPC to consider the matter and then forwarding their recommendation to the Mason County Board of County Commissioners for final approval. The necessary demolition of the barn is a compelling reason to remove this structure from the Mason County Historic Registry. 'o. 0 L Prtu[e'•Gc • L LJty R4 f E E � x P ISI, i a 3 ,\. n '1 LO k:tw:ni Pan[Nd.. \. �\Q N OF 1 r SMlton 91- Libby .Libby Farm 1090 E. Libby Road Shelton, WA 98584 ATTACHMENT"D" •1 ....,tip ..,. �..,�,_..•r•,-.y'• - .� ._. _ moi. � �.►' ` a .. 41.k�-C'S Y• 1,, iia•. 4, ;r � '�•. �. � tit_ t ���� ' ,��►uhv..;"�'� th.• Lucy} ,.s �' •, � :-y :` ,. r`'��*_ tem- �• �s y+.,' •> .i.. r �.�rtt f beath' Of Effie„, TClose� P oneerson.Count Story y { !!Y 1 3 Y 'T 4. ray• j� t .i4;V� With the death of bUz.Effie R. was completed. ” Libby In Seattle last Thursday,.the Mr. Libby served on the Shelton final chapter was written to a city council during' the regime of Mason county pioneer story which Mayor Pritchard, and voted_ for had its beginning In 1889., " the acquisition of Sheltop's ,first Mrs. Libby began her residence gum-powered fire' engine, ,In 'the In this county In AprM of 1889 mid-1820s. whtn'lher -parents,.Mr. and Mrs.. IN 1929 the family"moved to Charles NVIn, moved. bete from Lake Isabella`'then to Harper in Seattle, a Mended the Id one- 1933, where Men. Libby served'aN roo o me ool mown postmaster for eight years land Mr.' as Mason Libby owned and operated a gas N later Agate..' The JiSn station and store until 1841. . I famiTy had—moved' to Seattle In During World War Ii the Lb- 1888'frrirn M1n0eapoli8,where"Mrs. ,bys moved to Seattle where'he `Libby was boin January-1,: 1886. !worked an' shlpwrigbt in $eattlei Her marriage to'Ira W.'Libby, Ballard shipyards until retirm on June 29, 190T, 1n Sheiton'uhited Ing In 1964." Mrs. Libby was em-. her with another Mason-county named in a cookie bakery at thel pioneer as he'had coriie"to this !same time. i areae as He died)aet June 8, Mr. and Mrs. Libby were char-! THEY MADE'lhelr first'home, 'ter members of the Agate grangel at the alte of the Lbby"brothers sad Ln was one t lis early mim. sawmill at BI Skoo um Point. iters,R IVINGwAs'hifather before him. Big BURVIVINa AHE a'-son, law-1 , Mr. Libby was the first to log Arstine Island with ' 'best Cats ; fn' Seattle, one daughter,, F ' Mrs.Mrs. Eugene Brown In 'Shelton;) �rrppl lan" and hb designed-the //s- one grandson, Charles Brown, In. lah�� first ferry, the�Ielnnd�Belle, -Seattle; three brothers, Elmer and ,durlh� World War I, as well as Lantz Wisa In Shelton,and George AeslWing and building the lag- Wlea in Seattle; and two staters. 'gWr tugs Spruce and Skookum Mrs. Father Berets In Shelton Find :Logger, which are etlll'In"use on Mrs. Edna Farquhar in Mt. Ver- 1Fiantmersley Inlet; non. I've Libbyn moved' to' Shelton' Funeral cmrvlces were held Mon- proper in 1924," built and'lived'-In' day from Byrne & Batston mor- what 1s" new, the Log Cabin 'on tuary in Shelton. The Rev. Robert Hillcrest, at that time the dis- Rings of the Methodlat Church of- trict's first gas station and gro ficiated. Interment waa In Shel- .cery before the Olympic highway ;ton"Memorial Park. I I ATTACHMENT"D" MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: 9 Sept. 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Building Department Workshop EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Review of current processes and looking at streamlining the building process. Goals: • Faster plan reviews — goal of < 45 days • Streamline processes • Better customer service • Maximize technology • Reduction in permits/inspections BUDGET IMPACT: May reduce the County's revenue for permits that may be discontinued. PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) N/A ATTACHMENTS: Meeting notes Briefing Summary 9/4/2019 9/4/2019 Commissioner Building Workshop Sept 09, 2019 1 G Goals: Faster plan reviews - goal of < 45 days Streamline processes Goals Better customer service Q� Maximize technology Q Reduction in permits/inspections 2 1 ;3 e General agreement that it's a good idea and workable. v Would require a staggered start, 1/'2 start Monday, 1/2 start Tuesday for five-day coverage.Start Could be a grind in winter months.Align with daylight • savings and have regular 8 hour shifts in the winter. Would allow inspectors more uninterrupted plan review • time while still completing inspections © Should have no union issues Inspection Times Currently we're at one week or less for scheduling inspections! Good job! SEEMS . .. - ■ ■ ■ Ensure payment solutions are in place-check with dude solutions • Do not accept incomplete applications-time wasted atracking down missing items(being done now-new checklist implemented) . Planning MUST have applications right away, they must have V a determination of completeness within 28 days per RCW. Move Pre-site inspections,especially for feasibility or connected to real-estate transactions,to the top of the list on a secondary pathway charge a fee. 9/4/2019 Technology ® Get electronic pads for building inspectors-eliminates at least Contact SmartGov for three redundant steps in recommended models processing inspections Inspectors should have printers i Five sets of pads and printers in the trucks for building.Not required for Planning.EH? It's in the budget-order and _ Common email box that the have on-hand by November dilemma inspectors have access to. 7 Q E inspect makes sense for some inspections Accept photo and video Be very specific in instructions O Post instructions online Q Have a video for instructions online AProblematic for footing inspections. Footings,especially on shorelines are critical for setting setbacks Dilemma inspector reviews e-inspections and adds to Smar7 141 and sends corrections if needed S 4 9/4/2019 ► List of permit types to accept E-inspect ► Pole Barn footing inspections-ensure setback requirements are addressed in electronic submission ► Heat pumps(note:check with PUD to see if we still need to do these for customer rebates)f/u Yes still required ► Fences- residential E"inspect Cont. ► Minor plumbing where a self cert is provided for the pressure test ► LPG test and tank set-again, require documentation of set back ► Corrections from previous inspection ► Re-roof residential ► Others TBD 9 ► What permits could be dropped? ► Some could be dropped ► Revenue from all permits supports having staff year-round-what is the Dropping financial impact? ► What is the impact to revenue by permit Permits type? ► Would staffing be reduced or would the county make up the difference? ► Would efficiency reduce the impact? 10 5 9/4/2019 Dropping Permits Cont. ► Easy to drop ► Siding when no insulation is visible ► Things that don't change structure ► Like for like windows ► Like for like water heater ► Replace electric with gas requires inspection ► Like for like doors 11 • Pre-loads efforts into the '�TMV planning phase Binding Site l , Plans May not be popular 12 6 9/4/2019 SmartGov o � r Time for a one-year Include finance training Fix Pass/Fail/Complete Reports-what other update training session get to some better reports do we need? on SmartGov standardization Training for reports 13 7 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING SEPTEMBER 9,2019 Briefing Items 1. Road Vacation No. 397, Betsinger -Hearing Examiner Recommendations 2. Road Vacation No. 398, Cylwik- Hearing Examiner Recommendations Discussion Items • Salt storage shed • Public Works Board loan award Commissioner Follow-Up Items Upcoming Calendar/Action Items 1. Skokomish Project Partnership Agreement signature authority for Chair—Action 9/10/19 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 and Diane Sheesley, PE, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: June 3, 2019 ITEM: Vacation No. 398 — Hearings Examiner Recommendation EXECUTIVE SUMMARY: The Mason County Hearing Examiner held a hearing on July 10, 2019 to consider vacating the south half of Olympic Avenue along the North side of Block 14, lots 6 through 11 in the Plat of Hoodsport, as requested by Mark & Esther Cylwik. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on July 25, 2019, recommending approval of the proposed vacation, with retention of the existing utility easements. Public Works requests that the Board consider and take action on the recommendation at the September 17, 2019 meeting. RECOMMENDED OR REQUESTED ACTION: Recommend that the Board consider the Hearings Examiner recommendation and approve Road Vacation No. 398. Attachments: Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations Order of Vacation i 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 RE: Road Vacation No. 348 4 FINDINGS OF FACT, CONCLUSIONS Request for a Road Vacation OF LAW AND RECOMMENDATION 5 INTRODUCTION 7 The petitioners, Mark and Esther Cylwik,have petitioned.for vacation of the south half 8 of Olympic Avenue in the pat of Hoodsport as it borders their five lots. It is recommended that the CononIssioners approve the petition with reservation of an 9 easement for utilities. 10 TESTIMONY 11 Phil Franklin,Mason County Right of Way Agent,summarized the proposed vacation. 12 Mr. Franklin noted that much of the right of way connecting to the proposed vacation 13 area has already been vacated and that the proposed vacation area has already been vacated as a matter of law under the ancient right of way statute. The right of way 14 doesn't have any use to the City's road system and connects to a steep canyon where it couldn't be improved. Mr. Franklin checked with Public Works roads as well as 15 utilities and PUD and no one had a problem with the right of way so long as rights to existing utility lines were reserved,which they are. In response to Examiner questions, 16 Mr, Franklin clarified that half the right of way width has already been vacated. The 17 petitioners own lots 5-11 that are all abutting the vacation area. Blase Cylwik, father of petitioner Mark Cylwik, owns the lots abutting the already vacated portion of the 18 right of way on the opposing side. 19 Blase Cylwik, father of petitioner Mark Cylwik, noted that he has been quit claimed 20 some property in the vacation area. 21 EXHIBITS 22 The County Engineer's Report, dated June 27, 2019, along with Ex. Al-D3 as referenced in the report, were admitted during the July 10, 2019 hearing. 23 FINDINGS OF FACT 24 Procedural: 25 1. Petitioners. Mark&Esther Cylwik. Road Vacation P. 1 Findings,Conclusions and Decision 2. Hearing. The Hearing Examiner conducted a hearing on the application on July 1 10th, 2019. 2 Substantive: 3 3. Site/Pro-osal Description Mark & Esther Cylwik have petitioned for 4 vacation of the south half of Olympic Avenue in the Plat of Herodsport. The requested 5 strip lays north of Block 14.Lots 6— 11 in the Plat of Hoodsport. The petitioners own lots 5-11 that are all abutting the vacation area. Blase Cylwik, father of the petitioner 6 Marls Cylwik, owns the lots abutting the already vacated portion of the right of way on the opposing side. Mr. Mark Cylwik and his father would like this area to be vacated 7 since it has never been opened br maintained as a public road. They would also like to build on lots 6-11 and need the area of the old unused right of way to be able to build. 8 9 Right of way connecting to the proposed vacation area has already been vacated. The 10 request to vacate is also to clean up the title of lots 6-11 to the vacation area since the Olympic Avenue was vacated by a matter of the law under the ancient right of way 11 statute. The vacation would remove an encumbrance that would affect the owner's ability to construct anew structure on the property. The North half of Olympic Avenue, 12 half the right of way width, is already vacated from a previous vacation request. The 13 proposed vacation area is currently subject to utility easements 14 The Plat of Hoodsport was recorded and the roads and alleys dedicated to Mason 15 County in 1890. As noted by County staff,the vacation area has never been maintained by the County or any other known property owner nor has it been used as a roadway. 16 The vacation area is owned by the County as an easement rather than in fee. 17 18 4. Necessi . The proposed vacation area is not necessary for County road purposes. County public works staff have determined that the right of way doesn't have any use 19 to the road system and connects to a steep canyon where it couldn't be improved. As shown in the aerial photographs of the exhibits, approval of the requested vacation will 20 not deprive any lot of road access. 21 5. Fees. The Cylwiks have paid in full the required adnunistrative fee of$500.00. 22 23 CONCLUSIONS OF LAV 24 Procedural: 25 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the authority to review road vacation applications and provide a recommendation to the Mason County Board of County Commissioners. Road Vacation p. 2 Findings, Conclusions and Decision 1 Substantive: 2 2. Review Criteria and Application. Chapter 12,20 MCC sets forth the requirements 3 for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. 4 Applicable review standards for vacation under Chapter 12.20 MCC, as well as 5 those in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. 6 7 MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation 8 the receipt of just compensation from the person or persons benefiting from the 9 vacation. 10 RCW 36.87.020: Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same 11 or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the 12 public will be benefited by its vacation and abandonment. The legislative authority 13 may: 14 (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, 15 report, and proceedings pertaining to the petition shall be charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover 16 such costs and expenses. 17 RCW 36.87.060: If the county road is found useful as apart of the county road system 18 it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. 19 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms 20 to the requirements of the statutes quoted above. As determined by the findings of fact, 21 the petitioners own lots 6-11 that are all abutting the vacation area and have paid a$500 application fee that serves as the required cash deposit for the cost of the vacation 22 proceedings. 23 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 24 classified as follows: 25 (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. Road Vacation p. 3 Findings,Conclusions and Decision i 4. Vacation Area Qualifies as Class A Road. As determined in the Findings 1 of Fact,the right of way subject to the requested vacation is an easement and therefore 2 qualifies as a Class A road. 3 MCC 36.87.090: Any county road, or part thereof, which remains unopen for public 4 use for a period of five years after the order is made or authority granted for opening it, shall thereby_.vacated, and the authorityfor building barred by the lapse of time: 5 Provided, that this section shall not apply to any highway, road street, alley or other 6 public place dedicated as such in any plat, whether the land included in such plat is within.or without the limits.of an incorporated city or town, or to any land conveyed by 7 deed to the state or any county, city or town for highways, roads,streets, alleys or other public places. 8 5. Vacation Area -Likely Already Vacated Under Ancient Right of Way Statute. RCW 36.871090, quoted above, is referred to as the Ancient Right of Way 10 statute. Due to amendments made to the original statute in 1909, a court has ruled that the statute generally operates to vacate roads that were dedicated prior to March 11, 11 1904 and remained unused for a period of at least five years. See Gillis v.King County, 42 Wn.2d 373 (1953). As noted in Findings of Facts NO. 3,the Plat of Hoodsport was 12 recorded and the roads and alleys dedicated to Mason County in 1890. This alley was never maintained by the county or any other known property owner nor was it used as 13 a roadway.Therefore,the right of way has been vacated as a matter of law by operation 14 of the Ancient Right of Way statute. 15 MCC 12.20.050: Any person or persons desiring to have any portion of any county 16 road vacated shall be required by the Mason County Board of County Commissioners 17 as a condition precedent to the vacation to compensate the countyprior to the vacation. The compensation shall include, but not be limited to, the appraised,fair market value 18 of the county's.fee simple interest in the vacated road as of the effective date of the vacation, and the costs of any and all appraisals deemed necessary by j...J the Hearing 19 Examiner or the Board of County Commissioners, together with any and all administrative costs incurred by the county in vacating the road. Said administrative 20 costs shall include the costs of the Hearing Examiner in holding the public hearing and 21 reporting recommendations to the Board of County Commissioners. Such compensation must be paid to Mason County within six months of the date the vacation 22 was approved by the Mason County commissioners or the vacation shall be null and void. 23 6. Required Administrative Fees Paid. The County does not have a fee interest 24 in the vacation area so no compensation is required. The petitioners have paid the 25 county $500.00, which should be sufficient to pay the administrative costs of the vacation as required above. Road Vacation p. 4 Findings,Conclusions and Decision MCC-12.20.060: (a) The county shall require, as a condition precedent to the vacation 1 of roads orportion thereof within the classifications setforth in Section 12.20.040, that 2 persons benefitingfrom the vacation thereof compensate Mason County as set forth in the following schedule: 3 (1) Class A roads. No compensation other than for the administrative costs of the 4 vacation action; (2) Class B roads. One hundred percent of the appraised,fair market value. 5 6 5. No Compensatioii Required. No compensation for the fah'market value of the road is requited because the road qualifies as a Class A road. 7 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a bond 8 or cash deposit of a minimum ofpave hundred dollars, which shall be used to defray examination,:report, publication, investigation and other costs connected ivith the 9: application. -When deemed necessary by the county engineer, an additional deposit 10 amount may be required to cover appraisal or other costs. Board of County Commissioners[sic]For any petition, whether granted or denied,for which the deposit 11 exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any petition, whether granted or denied,for which the costs exceeds the deposit, the excess 12 shall be billed to the petitioner and be dace and payable immediately. 13 6 Required Deposit Paid. The petitioners have paid a$500 cash deposit as 14 required by the ordinance above. 15 RECOMMENDATION 16 It is recommended that the Board of Commissioners approve the proposed alley 17 vacation, with retention of the existing utility easements. 18 DATED this 25tb day of July, 2019 19 20 21 � �.- ' PEl11 ..01bredits 22 23 Mason County Hearing Examiner 24 25 Road Vacation p. 5 Findings, Conclusions and Decision RETURN TO MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton,WA 98584 IN THE MATTER OF THE PETITION OF: ORDER OF VACATION THE SOUTH 40 FEET OF OLYMPIC AVENUE VACATION FILE NO. 398 THAT LAYS NORTH OF BLOCK 14 LOTS 6-11 RCW 36.87 IN THE PLAT OF HOODSPORT WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: All that portion of"Plat of Hoodsport",per Plat recorded in Volume 2, Page 6, records of Mason County,Washington, described as follows: The south 40 feet of Olympic Avenue laying adjacent and North of Lots 6— 11 of Block 14 in the Plat of Hoodsport westerly of Prospect Avenue, vacated, and easterly of Willard Avenue, vacated, as recorded on August 1, 1890 in the Mason County Auditor's Office Book of Plats,Volume 2 Page 6 AND,WHEREAS, the date of hearing was set for July 10, 2019 at 1:00 p.m. and Notice of Hearing, Intent to Vacate, was published and posted according to law; and WHEREAS, the hearing was held on July 10, 2019 and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his/her Findings, Conclusions and Recommendations and the members of the Board have given thein due consideration. NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. DATED this day of , 2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask,Vice Chair Tim Whitehead, Ch. DPA Randy Neatherlin, Commissioner Cc: File;Assessor;Auditor; Petitioner; Public Works Dept; GIS Vacation File No. 398 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director and Diane Sheesley, PE, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: September 9, 20,19 PREVIOUS BRIEFING DATES: April 29, 2019 ITEM: Vacation No. 397 — Hearings Examiner Recommendation EXECUTIVE SUMMARY: The Mason County Hearing Examiner held a hearing on June 12, 2019 to consider vacating a portion of an un-named alley in the Plat of Allyn,.as requested by Vicki and Barry Betsinger. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on June 27, 2019, recommending approval of the proposed alley vacation, with retention of existing water and power easements. Public Works requests that the Board consider and take action on the recommendation at the September 17, 2019 meeting. RECOMMENDED OR REQUESTED ACTION: Recommend that the Board consider the Hearings Examiner recommendation and approve Road Vacation No. 397. Attachments: Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations Order of Vacation I BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts, Hearing Examiner RE: Road Vacation No. 397 4 FINDINGS OF FACT, CONCLUSIONS Request for a Road Vacation OF LAW AND RECOMMENDATION 6 7 INTRODUCTION 8 The petitioners, Vicki & Barry Betsinger, have petitioned for vacation of a portion of an unnamed alley in the Plat of Allyn located south of E. Drum Street and between 9 Blocks 6&7. The Examiner recommends approval of the petition, subject to retention 10 of currently existing water and power easements. 11 TESTIMONY 12 Phil Franklin,Mason County Right of Way Agent,summarized the proposed vacation. Mr. Franklin noted that the requested vacation was for an unnamed alley in the Plat of 13 Allyn. He noted that the alley has basically already been vacated as a matter of law 14 due to the time it was platted and the time it wasn't used. The alley was dedicated in 1890. It's not a vital piece of the downtown road system nor will it ever be because of 15 other street vacations and the configuration of the remaining roads. The vacation will enable the petitioners to combine the properties they own on opposite sides of the alley, 16 making the property more livable and usable. In response to examiner questions, Mr. 17 Franklin confirmed that all lots near the proposed vacation would still be accessible via other roads if the vacation is approved. The examiner requested an aerial photograph 18 of the vacation area with the proposed vacation marked to give an overview of the surrounding road network. 19 Mr.Betsinger,petitioner,noted that there's an easement on the vacation area for a Port 20 of Allyn power line as well as a power pole that supplies power to his house and his 21 stepson's house. He realizes those utilities have easements and he noted the petitioners don't intend on putting any impervious surfaces on those easements. The petitioners 22 do intend on putting some gravel down to make an improved driving surface. 23 Mr. Franklin noted that the County reserved easement rights for the utilities that are located in the vacation area. In response to Examiner questions, Mr. Franklin 24 confirmed that there was an easement for the power pole. 25 A Road Vacation P. 1 Findings. Conclusions and Decision EXHIBITS I Exhibit: Al -A7-Petition Exhibit: B1-B6 -Maps and Aerials showing area to be vacated 3 Exhibit: C-1 -Legal Description of area to be vacated Exhibit: D1-D3—Approval letters for Other County Departments. 4 Exhibit E: Aerial photographs depicting vacation area FINDINGS OF FACT 6 Procedural: 7 8 1. Hearing. The Hearing Examiner conducted a hearing on the application on 9 June 12, 2019. 10 Substantive: 11 2 Site/Proposal Description. Vicki and Bang Betsinger, petitioners, have 12 applied for a vacation of a portion of an unnamed alley in the Plat of Allyn located south of E. Drum Street between Blocks 6 W. Mrs. Betsinger inherited properties 13 adjoining the alley on both sides that her family has owned and maintained for several generations. The request to vacate is an act to clean up the title of three properties that 14 have the same family ownership. The vacation would remove an encumbrance that 15 would affect the owner's ability to construct a new structure on the western-most property which abuts State Route 3. 16 The Plat of Allyn was recorded and the roads and alleys dedicated to Mason County in 17 1889. This alley was never maintained by the County or any other known property 18 owner, nor was it used as a roadway. 19 The proposed vacation area is currently subject to utility easements for community water service and Port of Allyn power. A power pole and power line are in the power 20 easement and a water line is in the water service easement. 21 3. Utility of Vacation Area. The alley in the proposed vacation area has no utility to the County's road system. As shown at page 2 of the aerial photographs, Ex. E, all 22 lots in the vicinity of the vacation area will have road access if the vacation is approved. 23 Phil Franklin, a Mason County right of way agent, testified the vacation is not a vital piece of the downtown road system nor will it ever be because of other street vacations 24 and the configuration of the remaining roads. The vacation will enable the petitioners to combine the properties they own on opposite sides of the alley, making the property 25 more livable and usable. As identified in the conclusions of law,the right ofway likely has been vacated as a matter of law in any event by operation of the Ancient Right of Way statute. The public will benefit by approval of the vacation, since it will clear title, add the vacated area to the tax rolls and relieve the County of liability. Road Vacation p. 2 Findings, Conclusions and Decision 1 4. Right of Way as Easement. Mason County Public Works has investigated the ownership of proposed right of way area and has determined it is an easement and not owned in fee by Mason County. 5. Administrative Fees. The petitioners have paid in full the required administrative 4 fee of$500.00. 5 6 CONCLUSIONS OF LAW 7 Procedural: 8 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the 9 authority to review road vacation applications and provide a recommendation to the Mason County Board of County Commissioners. 10 Substantive: 11 12 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads 1; may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable review standards for vacation under Chapter 12.20 MCC, as well as 14 those in Chapter 36.87 RCW, are quoted in italics below and applied via 15 corresponding conclusions of law. 16 MCC 12.20.010: County roads may be vacated in accordance with the provisions of 17 RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the 18 vacation. 19 RCW 36.87.020: Owners of the majority of thefrontage on any county road or portion 20 thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and 21 set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority 27 may. 23 (1) require the petitioners to make an appropriate cash deposit or furnish an 24 appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged; or 25 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. Road Vacation p. 3 Findings, Conclusions and Decision RCW 36.87.060: If the county road is found useful as apart of the county road system 1 it shall not be vacated, but if it is not useful and the public will be benefited by the 2 vacation, the county legislative authority may vacate the road or any portion thereof. 3 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes quoted above. As determined by the findings of fact, 4 the petitioners own the property abutting the proposed vacation area. The petitioners have paid $500 in application fees as required by County regulations. As determined 5 in Finding of Fact No. 3, the vacation area is not useful as a part of the county road 6 system and the public will benefit by approval of the vacation. 7 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be classified as follows: 8 (1) Class A. All roads for which the right-of-way is an easement. 9 (2) Class B. All roads for which the right-of-way is owned in fee simple and for which 10 the county paid full fair market value of the fee simple estate. 1 1 4. Vacation Area Qualifies as Class A Road. As determined in the Findings of Fact,the right of way subject to the requested vacation is an easement and therefore 12 qualifies as a Class A road. li 14 MCC 36.87.090. Any county road, or part thereof, which remains unopen for public use for a period of five years after the order is made or authority granted for opening 15 it, shall thereby vacated, and the authority for building barred by the lapse of time: Provided, that this section shall not apply to any highway, road street, alley or other 16 public place dedicated as such in any plat, whether the land included in such plat is within or without the limits of an incorporated city or town, or to any land conveyed by 17 deed to the state or any county,city or town for highways, roads, streets, alleys or other 18 public places. 19 5. Vacation Area Likely Already Vacated Under Ancient Right of Way Statute. RCW 36.87.090, quoted above, is referred to as the Ancient Right of Way 20 statute. Due to amendments made to the original statute in 1909, a court has ruled that 21 the statute generally operates to vacate roads that were dedicated prior to March 11, 1904 and remained unused for a period of at least five years. See Gillis v. King County, 42 Wn.2d 373 (1953). The vacation area was dedicated in 1889 and has apparently not been opened by the County, therefore it has likely been vacated as a matter of law and 2; for that reason would also have no utility to the County road system. 24 25 MCC 12.20.050: Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to compensate the county prior to the vacation. The compensation shall include, but not be limited to, the appraised,fair market value Road Vacation p. 4 Findings, Conclusions and Decision of the county's fee simple interest in the vacated road as of the effective date of the vacation, and the costs of any and all appraisals deemed necessary by[...J the Hearing Examiner or the Board of County Commissioners, together with any and all ` administrative costs incurred by the county in vacating the road. Said administrative costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. Such 4 compensation must be paid to Mason County within six months of the date the vacation was approved by the Mason County commissioners or the vacation shall be null and 5 void. 6 6. Required Administrative Fees Paid. The County does not have a fee interest 7 in the vacation area so no compensation is required under the ordinance quoted above. The petitioners have paid the county $500.00, which should be sufficient to pay the 8 administrative costs of the vacation as required above. 9 MCC 12.20.060: (a)The county shall require, as a condition precedent to the vacation 10 of roads or portion thereof within the classifications set forth in Section 12.20.040, that persons benefiting from the vacation thereof compensate Mason County as set forth in 11 the following schedule: 12 (1) Class A roads. No compensation other than for the administrative costs of the vacation action; 13 (2) Class B roads. One hundred percent of the appraised,fair market value. 14 5. No Compensation Required. No compensation for the fair market value of 15 the road is required because the road qualifies as a Class A road. 16 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a bond 17 or cash deposit of a minimum of five hundred dollars, which shall be used to defray examination, report, publication, investigation and other costs connected with the 18 application. When deemed necessary by the county engineer, an additional deposit amount may be required to cover appraisal or other costs. Board of County 19 Commissioners[sic]For any petition, whether granted or denied,for which the deposit exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any 20 petition, whether granted or denied,for which the costs exceeds the deposit, the excess 2 shall be billed to the petitioner and be due and payable immediately. 22 6. Required Deposit Paid. The petitioners have paid a $500 cash deposit as required by the ordinance above. 23 24 25 Road Vacation p. 5 Findings, Conclusions and Decision RECOMMENDATION 1 2 It is recommended that the Board of Commissioners approve the proposed alley vacation, with retention of the existing water and power easements. 3 DATED this 27th day of June,2019 4 5 6 STA.tJibrecht 7 8 Mason County Hearing Examiner 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Road Vacation p. 6 Findings, Conclusions and Decision RETURN TO MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton,WA 98584 IN THE MATTER OF THE PETITION OF: ORDER OF VACATION A PORTION OF AN UN-NAMED ALLEY VACATION FILE NO. 397 SOUTH OF DRUM STREET BETWEEN RCW 36.87 BLOCK 6 AND BLOCK 7 OF THE PLAT OF ALLYN WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: All that portion of the"Town of Allyn", per Plat recorded in Volume 1 of Plats at Page 17, records of Mason County,Washington, described as follows: An un-named alley lying south of Drum Street between Lots 7, 8, 9 and 10 of Block 6 and Lots 8, 9 and 10 of Block 7 of said Plat of"Town of Allyn". Excepting therefrom the westerly 10 feet of said un-named alley lying east of Lot 7 Block 7 of said Plat of"Town of Allyn". AND, WHEREAS, the date of hearing was set for June 12, 2019 at 1:00 p.m. and Notice of Hearing, Intent to Vacate,was published and posted according to law; and WHEREAS, the hearing was held on June 12, 2019 and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his/her Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW,THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED.that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County,for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. DATED this day of ,2019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask,Vice Chair Tim Whitehead, Ch. DPA Randy Neatherlin,Commissioner Cc: File;Assessor;Auditor; Petitioner; Public Works Dept; GIS Vacation File No. 397 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dan Teuteberg, Director DEPARTMENT: WSU Extension EXT: 686 BRIEFING DATE: September 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Summer 2019 Quarterly Report on accomplishments of WSU Extension Mason County. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): BUDGET IMPACT: PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: ATTACHMENTS: Summer 2019 Quarterly Report Briefing Summary 8/29/2019 • Washin .'Foo n- S t at e' I Irty Extension , County Summer 2019 t AA Summer 2019Quarterly Report Serving Mason County for more than 00 years Washington State University Extension Mason County helps people put research-based knowledge to work,improving their lives,communities,and the environment. To realize this mission,faculty and staff plan,conduct and evaluate research and experience-based educational programs to improve the lives of Mason County residents. WSU Extension Mason County also employs the assistance of hundreds of volunteers and community partners and provides access to the resources available at Washington State University and the National Land Grant University Extension System. Partnerships Dan Teuteberg,County Director& 4-H Youth DevebpmentSpecialist t Mason County and Washington State University have a + } dan.teuteberg@wsu.edu yes°" °p°hrA long-standing partnership in providing educational 360-427-9670 Ext.686 r programs and research-based information to residents throughout the county.This partnership ensures that resources are committed from Federal allocations and WSU Extension Mason County 1854 J University funds to keep important educational programs 303 N 4th Street,Shelton,WA 98584 available in Mason County. 360-427-9670 Ext.680 http://extenison.wsu.edu/mason Other Mason County partnerships include: ♦ United Way of Mason County ♦ School Districts—Shelton, Facebook pages: ♦ Early Learning Coalition Pioneer and Hood Canal Mason County 4-H ♦ Community Services Offices ♦ Shelton Timberland Library Mason County Noxious Weeds ♦ Saints Pantry Food Bank ♦ Mason Conservation District Mason County Master Gardeners ♦ Behavioral Health Resources Community Intelligence Lab of Mason County ♦ Mason County Health Department ♦ Mason General Hospital ♦ The Salmon Center ♦ Washington Conservation Corps ♦ Hood Canal Coordinating Council BY THE NUMBERS ! IVA ► �►��' ;% ��� ����� 2018/2019 . - - �' �� _ � L>♦ r • 1,602 youth engaged _ 4 in 4-H Youth Development t` activities _ • 68 trained adult volunteers • 14 trained youth 4 - H Youth Development volunteers • Make the Best Better" • 144 youth engaged in A LIFETIME OF MEMORIES educational camping programs Mason County 4-H kicked off camping season in June with a weeklong • 146 families reached educational overnight horse camp at Panhandle Lake 4-H Camp. 4-H members through community enrolled in the Horsemanship project enjoyed a week of overnight camping, outreach programs education and recreation with their horses. Camp is packed full of fun camping traditions and memories that will last a lifetime. Members participated in equitation, showmanship, performance, and western games classes taught by professional instructors. Trail rides, craft projects, swimming, and other fun outdoor activities filled ----- ' the remainder of the days. Thirty five youth members and ten -- C" ilk adult volunteers spent the week learning = _ teamwork, leadership, responsibility, science, ' , ,- # ` and horsemanship skills. The 2019 4-H >. --- Horse Camp was held �MIWRWMW —4 June 22-27. Kathy Fuller y . 4-H Coordinator 4 -H empowers youthto reach their full potential, workingExt. 681 . • learning in partnership fullerC&wsu.edu with caring adults. II ill•►`_. Mason County 4-H Summer Camp provided adventure blended with a traditional camping experience for more ,Jy`o than 65 campers July 21 - 25 at Panhandle Lake 4-H Camp. �► During this five-day overnight QUOTES ' r �'�, �% � � --` +�L camp, Panhandle was home to 0111! more than 65 youth campers. • `l love 4-H camp $i Camp is a valuable learning because it lets kids be experience that helps build kids. They areaway independence and from electronics, can self-confidence in our campers. Camp staff provide a challenging yet nurturing get dirty, and don't setting, where children "learn by doing" in a hands-on learning environment have to worryabout based on the philosophy of 4-H. The unplugged environment of camp allows anything but being a children to try new things, open new doors, meet new challenges and make new kid." Daniel, 4-H friends. Camp was staffed by more than 20 trained adults and teen counselors camper parent who provided leadership, educational activities, nutritious meals and mentorship to the youth campers. Many campers have indicated a strong desire to become a counselor-in-training and then a teen counselor as they approach the "There is something appropriate age for these roles. about camp that brings my son out of SUMMER FUN AND LEARNING his shell. He is Summer learning is vital, and the Mason County 4-H Youth Development typically pretty Program is proud to provide a number of low or no cost summer educational opportunities for young people in our community. "Engineering the Future" withdrawn, but the themes. Twenty youth ages 8 - 12 engaged in daily hands-on educational counselors really know activities, nutrition lessons, creative projects, and physical activities. A how to bring out the sponsorship from OCCU best in him. He looks was received to help offset forward to camp every the cost of the facility i year." Tony, 4-H rental. An affordable * 'kAj 9 camper parent registration fee of $10 � Camp included a 4-H Day Cam tee shirt for each of the s twenty campers."I PLEDGE my HEAD _. --- to clearer thinking, my HEART to greater p Mason Countyloyalty, • larger service and my HEALTH to better livingVAsHmmNSMUNWERSM for my club, my community, my countryand my world." CLOVER KIDS CLUB The Clover Kids club continues to meet on the first Wednesday of each month. The program helps kids spark their inner passions, interests, and talents, helping them to discover their best self! Each month we explore a new topic and provide hands-on opportunities for kids to explore interests that they might not otherwise be exposed to. Since Spring 2019, participants have learned about the mighty insects of the forest, created watercolor masterpieces, discovered the meaning of community and service to others, painted rustic wooden flags, and got close up to some pretty cute goats. Future sessions ' include veterinary medicine, r cake decorating, and the art of pie baking. The sessions are ` free, open to the first twenty " =� qb registered kids ages 5-12 and are held at Memorial Hall the _ = * first Wednesday of each month. e FEELS LIKE COUNTRY Thanks to a unique partnership with the Grays Harbor 4-H program Mason County 4-H members were able to proudly exhibit their 4-H projects August 7 - 11 at the Grays Harbor County Fair in Elma. Mason County youth entries included photography, fine arts, baking, educational - — N displays, and public speaking. In addition to the exceptional still life exhibits, many members ELONENT attended with their project animals and participated HEAD in Fitting and Showing and other educational classes. Animal projects from Mason County included horses, goats, poultry, and rabbits. Many Mason County 4-H members qualified to exhibit their projects at the Washington State 4-H Fair which runs August 30 - September 22 in Puyallup. Dedicated adult 4-H volunteers from Mason County play a significant role in this successful partnership by contributing their time and talents. Approximately 45 youth and adults participated in this event. I PLEDGE my HEAD to clearer thinking, my HEART to greater livingMason County loyalty, my HANDS to larger service and my HEALTH to better EXTENSION forcommunity, • and my world." 71 On _'Stafi Univers Washi le • Extension Mason County Summer 2019 �o«�n Total Reached 1,090 • 66 program activities ` • 60 youth series y taught, 15�through 1 1�h grades Total youth SNAP- Ed Nutrition reached: 1 ,033 • 6 adult programs SupplementalNutrition ' ' ram taught Community Outreach: • Total adults reached: 57 SNAP-Ed hosted nutrition demonstrations and offered food resource assistance twice a week from May through August at the Community Service Office. Clients • Total Reach CSO & received information pertaining to healthy meal planning and thrifty shopping, Food Bank: 1,553 delicious tested recipes and cookbooks, food safety, and matching EBT programs (Complete Eats & Fresh Bucks @ Farmers Markets). They also tasted samples of • 17 single events: featured recipes. To date, 291 individuals have been engaged in learning how to Total contacts-605 eat better and live healthier on a limited income. Monthly nutrition demonstrations and food resource management outreach has been held in Saints' Pantry Food Bank lobby. Visitors are greeted with taste samples of healthy recipes made from items they receive at the food bank, emphasizing nutrient dense staples and fresh vegetables supplied by the WSU Extension - Mason County Master Gardener food bank garden at Catalyst Park. For the months of June and July, 268 clients participated in the SNAP-Ed outreach, and enjoyed seasonal tastes of Watermelon Oatmeal Breakfast Smoothies and Quinoa Summer Vegetable Salad. Milk Art Project—y-H Day Camp Nutrition Lesson Nutrition • • rams focus on • • Julie •n 0 dietary quality, physical activity and food managementCoordinator 11 14 resource Shelton Farmers Market Quotes SNAP-Ed presented a fun activity, Planting Gardens In Gloves, at the July Kids was really vwnied/ Day at the Shelton Farmers Market on July 13, 2019. Kids young and old mw/dntbeable to keep up planted vegetable gardens in gloves to take home and sprout in a sunny -/don treally cook and haw window, featuring Northwest favorites - green beans and sugar snap no due when it comes to peas. Recipes and tips utilizing garden and market produce were distributed to putting together a healthy visitors and the matching Fresh Bucks/EBT program was promoted meal. Where does one start?:..(at the end ofdass) 4-H Summer Day Camp 'Wow. This was greats You gals make this so easy. / SNAP-Ed participated on two days during 4-H Summer Day Camp. During the ea*leamedalot!Eating Dairy Lesson on July 25th, campers learned about the different types of dairy healthier and cooking is products and how they provide a rich supply of calcium for growing strong easier than/thought. /think bones. The kids paired up to make smoothies, learned how to use blenders /can actually cook myselfa and follow a recipe. They were all smiles sipping on their delicious healthy good meal now."-Bob Gardner,participant in HEAT smoothies, followed by giggles as they performed a milk jug exercise relay in class 1,2&3 the gym - weight-bearing activities are important to maintaining healthy "Look. We made smoothies bones. The afternoon concluded with some wacky science (camp theme), for our class paW They creating art with the emulsification properties of milk, soap, and food coloring. haw lots of fruit and some The second session on August 15t was The Bean Lesson. wyetab/es(spinach and/ This session featured learning about the bountiful forget the other's name)and they're superheakhy, nutritious virtues of beans - delicious protein Theyreperfectlydeliaous!"_ powerhouses full of fiber, vitamins, and minerals, that are MaelaniB., 1 st grade student economical, too! Campers learned to identify a dozen variety of beans, explored how they're commonly used in "Man! This is good cooking, and played bean-themed games (Don't Spill the stuff? This is reallygood stuff`!../can make it with Beans Relay Race, Wiggle Beans Hula Hoop Dance, and Khat%m getting here Bean Bag Toss-Up). The budding bean experts then learned how to use a today?../can cook this on kitchen knife safely and practiced cutting their own my campfire?Can/haw vegetables, which they later enjoyed with two tasty another one[tasting bean dips (garbanzo bean hummus and pinto bean same/eP/m cooking this dip). This, of course, was crowned by their delight at tonlght..lt's so good! (shaking his head and eating layered frozen bean and fruit pops (soybean grinningJWhodewrthink/d milk, apricots, and berries). Healthy plates full of eat/enti/sandspinach?"- rainbow plant power goodness was enthusiastically • ,.,, Roger,frequent homeless enjoyed by all, with the added bonus of no added visitor to the food bank. sugar. Pamela Bish Gabrieal Volpe J Mason • WASHI STATEUNINV51TY Ext. 694 Ext. 693 EXTENSION pilyons@wsu.edu . . . Extension / County Summer 2019 Wmw- BY THE NUMBERS ; 5,. 4 '► :y • 48 active Master '�.���'=`� Gardener Volunteers r" • 10 MG volunteers completed training in YM Park , 2018 • 9trainees Master Gardeners completed training May 2019 CultivatingPlants, Peopleand Communities Catalyst Park • 5,731 volunteer hours provided to The Catalyst Park Food Bank Demonstration and Community Garden is giving back Mason Co. in 2018: to the community in many ways! Average of 119.4 The food bank garden harvests, so far this season, hours per Master have provided over 1 ,000 pounds of produce to Gardener. Fifth Saints' Pantry Food Bank with more to come. This highest average in the year, at the request of food bank clients, the garden State of Washington has produced more fresh herbs along with vegetables. (statewide average= 90.8 hours) The Master Gardeners have expanded the Learning Garden at Catalyst. It now has demonstration beds for septic planting, vertical gardening, "lasagna" gardening, • Mentor 1 school and mole/vole proof gardening. garden located at The rented community beds are lush and full of produce and the monthly Belfair Elementary: educational programs are in full swing. Each month the community gardeners 237 k-5 students participate in a Saturday workshop learning about a timely topic that is relevant to their gardens including identifying the pests in their own beds and seed saving for • 24 community garden next year. beds available to Catalyst Demonstration Garden is looking GREAT and we hope to see more visitors Mason County this year. The garden is open to the public on Tuesdays from 9:00 until noon. community residents GardenersJeannine Polaski b7, Master • • relevant, research - IF .:: AA SN\N�1ON SLATE UNIPlant and Pest Clinic �P During this growing season, Master Gardeners have been busy answering the community's plant and pest questions! Master Gardeners are available every Monday from "` 6 EXTFNSION noon until 3:00 at the Extension Office and via email, to investigate and respond to questionslush .. -' • 9 p regarding Mason County gardening issues. Master Gardener volunteers are also on hand Master Gardener Clinic i every Saturday at the Shelton Farmer's Market. At the market, along with being available to answer questions, they provide demonstrations on horticulture topics. Plant Clinic at Farmer's Market Master Gardener Volunteer Training Office Plant Clinic We are currently recruiting new trainees to become Mason County Master Gardeners! University trained volunteers are empowered to provide the community with relevant, unbiased, research-based horticulture and environmental stewardship education. Master Gardeners are the go-to resource for Mason County residents who seek research based solutions for their ever-changing horticulture questions. The training consists of both an online WSU developed horticulture program along with face to face sessions on various program and horticulture topics. Trainees must complete 60 volunteer hours to become certified Master Gardeners. The cost of the program is $275 with a $100 refund when the initial volunteer hours are completed. We plan to start a new program in,January. Stop by or contact the office for an application, due by November 4. Volunteer Recognition Late in August, the Mason County Master Gardener Program recognized its Catalyst Park 2019 volunteers at a potluck dinner held at the historic Grant School. The program is largely run by its volunteers who share a commitment to the county to provide education on horticulture and environmental stewardship along with raising the funds needed to sustain the program. Volunteers were recognized for their years of service along with outreach & educational activities and dedication to the program. Master Mason • GardenerOffice • . . . . : FXTENSION E-mail: 1 • • • n "S t a t li� mql •• , VExtension Mason County Summer 2019 AVPPOw BY THE NUMBERS 2019 • 36 property owners Jiro.,- witassisted with noxious weed control • 690 contacts at 5 '" local events • 2 articles for the Cson oulnotyjournaI Noxious Weed Prowam • 5 Mason county rock Mason County Noxious Weed Control Board sources inspected for compliance with federal "Weed Free" GIANT HOGWEED CONTROL specifications Giant hogweed control work, funded with a Washington State Department of • 66 USDA Forest Agriculture grant, continued through the month of June. Control work was carried Service acres treated out at an additional nineteen sites. Final reporting for this project was completed 47 properties inspected for in early July. The report can be found at https://extension.wsu.edu/mason/ presence/absence of natural-resources/noxious-weed-program/mcnwcb-reports/ giant hogweed E"4t Y•• 4 ,� S b n ��+ lt Noxious Weed Assistant + Heidi Steinbach in front of y Giant Hogweed plant 5 LA Patricia Grover Responsible for idei it4mg i io)dous weeds that are Coordinator +i • impacting • • • • •• . •• Ext. 5 1 ' • • foresby,fishenes,recreationand native A. NOXIOUS WEED CONTROL Noxious Weed Control staff continued their work • of protecting Mason County from the impact of toxic, or difficult to control noxious weeds. To date, control assistance has been provided to 36 N'1� Nr�sE 1 property owners with infestations of giant hogweed, poison hemlock, knapweed or Quotes knotweed. Additionally, staff have pulled and bagged tansy ragwort and spotted knapweed at %appreciate you multiple locations, primarily within city or county owned rights of way. answering my The program currently manages 208 'Waivers of questions and giving Liability' with Mason County property owners. On site me a course of action consultations have proven to be a valuable tool in to take if/have any developing landowner awareness and engagement. future concerns."JW Three owners of newly acquired Mason County t property were surprised to learn that they had also acquired the difficult to control noxious weed, knotweed. Staff have provided assistance to two of Knotweed on newly the owners and advised the third on options for acquired property of Great Peninsula Conservancy control. NOXIOUS WEED CONTROL ON NATIONAL FOREST LAND Booth at Allyn Days Work continues under the USDA Forest Service Participating Agreement, with 66 acres treated to date. "BOOTS ON THE GROUND" GRANT FUNDING •s An Interagency Agreement between the Washington State Department of Agriculture and the Mason County Noxious Weed Control Board for the control of invasive knotweed species within the riparian corridors of Mason County in the amount of$15,000.00 was approved by the Mason County Board of County Commissioners (BOCC) on August 06, 2019. Modification #3 of the Participating Agreement with the Olympic National Forest is before the BOCC for approval. This modification would add $21 ,263.88 to the Participating Agreement for control of invasive species within, or adjacent to, the Olympic National Forest. We are availa • • • landowners and land Mason Coun�t WA91INMON STATE UNMRSFIY managers with infon-nation,services,and resources to deal EXTENSION • .tplant species. tate F- 7 a Extension Mason County Summer 2019 � early � �t3A14�4CSE�l " of Mason County Community Outreach Community EducationEarly Learning Fair EARLY LEARNING Olivia picks out stickers for a job we//done The Early Learning Coalition of Mason County has spent the past few months reflecting on the past activities and events that were hosted and sponsored by the coalition. Plans are set to strengthen the activities and broaden our reach throughout Mason County to support early learners and their families. Last month the Coalition transitioned leadership on their board. A special ��.-. thanks to all those that served and continue to serve! Current Board of Directors: Funding for Early Chair(s): Elizabeth Custis and Cheryl Woods Learning educational Vice Chair: Kim Smith programs is provided by Treasurer: Dan Teuteberg United Way of Mason Secretary: Randi Walsh County, Thrive Coalition Coordinator: Nicole Kerksieck Washington, and Visions for Early Learning HTMHEXTENSION.MASON.WSUEDU Mason • .0 :0 WASHINGT"'SfATEUNINIASITY Extension programs and employment - EXTENSION - . - may be reported through your local Extensionoffice. HAAA,11 11L -*-I:, I AWN BY THE NUMBERS Community Outreach 2019 . . • Safety : FoodP - Check pressure gauges on Monday's from 10-12, to ensure safe operations. This Food Safety& continues to be a good community resource to ensure proper education on food Food Preservation safety and preservation. • 14 Gauges checked. Continue to provide residents current up to date research based answers to their • 8 were not accurate food safety and home canning questions to reduce risk of food borne illness. and required adjustment or SepticWorkshops replacement. Three septic system workshops were conducted in Mason County with the following results: • June - North Mason Timberland Library - 39 participants Septic System • July - Shelton PUD #3 - 106 participants Workshops • August - Hoodsport Timberland Library - 50 participants • 3 classes conducted At the workshop participants learned what type of septic system they have, how it works, and what maintenance it requires. The instructor go over how to • 195 participants perform an inspection of a conventional gravity system, and the tools needed to do so. A Environmental Health specialist was on hand to answer questions about county requirements and septic system records. The workshops were advertised through local media, fliers and on _�I,� the back of post cards mailed by Mason well County Environmental Health. The workshops had an overwhelming response ® DralnHeld with people inquiring about next years workshops. The instructor Wendy Mathews will also be at Oysterfest to answer septic system questions. 'y SOIL o The goal in 2020 is to conduct three August office display workshops in Mason County and possibly in building#1 a few by special request. Groundwater J Lisa DeWall HTMAXTENSIONMASON.WSUEDU Office Manager 303 N 4th St.,Shelton WA 98584 .r 680