HomeMy WebLinkAbout2019/09/17 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers — 9:00 a.m.
411 North Fifth Street, Shelton WA 98584
September 17, 2019
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 News Release: Mason County Historic Preservation Vacancy. Staff: Michael MacSems
5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit)
If you wish to address the Commission, raise your hand to be recognized by the Chair. When you
have been recognized, please step up to the microphone and give your name and address before
your comments.The Mason County Commission is committed to maintaining a meeting atmosphere
of mutual respect and speakers are encouraged to honor this principle.
6. Adoption of Agenda
Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15
a.m.
7. Approval of Minutes — September 10, 2019 Regular Meeting Minutes
S. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted
by one motion unless a Commissioner or citizen requests an item be removed from the
Action Agenda and considered as a separate item.
8.1 Approval of Amendment #1 to the professional services agreement with KMB
Architects for the Building 10 renovation project phase 2 in the amount of
$121,198.
8.2 Approval to delist the Willard Libby Barn from the Mason County Historic
Registry due to demolition of the structure after snow damage in February,
2019.
8.3 Approval of contract #2HA.2060.2019.1 with the Housing Authority of Mason
County to assist with roof repairs at the Pine Garden Apartment Complex.
8.4 Approval of the 2020 contract for Visitor Information Center (VIC) services
with the North Mason Chamber of Commerce in the amount of$40,600.
8.5 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8066675-8066887 $ 1,313,931.08
Direct Deposit Fund Warrant #s 61837-62228 $ 666,744.46
Salary Clearing Fund Warrant #s 7004665-7004702 $ 945,378.48
8.6 Approval of the temporary easement with the State of Washington,
Department of Transportation (WSDOT) for parcel #42024-13-00480 for the
Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last
printed on 09/12/19 11:20 AM.
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY COMMISSIONERS' MEETING AGENDA
September 17, 2019— PAGE 2
Coffee Creek Fish Barrier Project. WSDOT will pay $500 to Mason County for
this temporary easement.
8.7 Approval of Road Vacation No. 397, vacating a portion of an un-named alley
in the Plat of Allyn in Mason County, Washington per recommendation of the
Hearings Examiner.
8.8 Approval to consider the Hearings Examiner recommendation of Road
Vacation No. 398, 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 and Ester Cylwik.
8.9 Approval of an Order of Sale allowing the Mason County Treasurer to schedule
and online auction with Bid4Assets to sell certain tax title properties, and
approval to authorize the Chair to sign a letter of notice to the City of Shelton
for parcels located within city limits.
9. Other Business (Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
10.1 Public Hearing to consider approval of budget supplemental appropriations
and amendments to the 2019 budget. Staff: Jennifer Beierle
10.2 Public Hearing to hear objections to the roll rates and charges for Spencer
Lake Management District (LMD) #3. Staff: Diane Zoren
11. Board's Reports and Calendar
12. Adjournment
J:\AGENDAS\2019\2019-09-17 REG.doc
OcrYL.-
MASON
COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Jennifer Giraldes Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: September 17, 2019 No. 4.1
ITEM: Correspondence
4.1.1 Concerned Citizens sent in a letter regarding a mining operation in Elma, WA.
4.1.2 Washington State Liquor and Cannabis Board sent in Change in limited
liability members for Toucan Farms.
4.1.3 Matt Davis sent in resignation from the Civil Service Board.
Attachments: Originals on file with the Clerk of the Board.
cc: CMMRS Neatherlin, Shutty &Trask
Clerk
September 1, 2019
Kevin Shutty
Mason County Commissioner
�®
615 W Adler St. SEF 1 l) 2019
Shelton Wa 98584 Mason County
Commissioners
David K Norman
State Geologist
1111 Washington St SE
Olympia Wa, 98504-7007
CC: Michael MacSems, Curtis Ek
Dear Sirs,
We have an illegal mining operation conducting business in our neighborhood. The operation is running
without a permit and is in violation of many state and local laws. They are hauling many dump truck
loads daily for almost a year now. They operate daily often starting early in the morning and continuing
late into the evening. They are generating noise, affecting the air quality, and causing ground vibrations.
Our wells and properties are in jeopardy due to the extreme depth of the pit and there is no end in
sight. We live in a very small community and would like to remain anonymous. Some of the neighbors
have contacted the individual to no avail. It is evident that the operator plans to continue his operation
without consent of the neighbors and without county or state approval. We need your assistance
rectifying this violation affecting our neighborhood. I have enclosed a few pictures for your review.
The address of the operation is: 1171 W Satsop Maple Glen Elma Wa
Parcel#619307600050 Residential/cabin
Sincerely,
Concerned Citizens
cc: CMMRS Neatherlin, Shutty& Trask
Clerk
��`.r,
Washington State Licensing and Regulation
g PO Box 43098
Liquor and Cannabis Board Olympia WA 98504-3098
4"' Phone—(360) 664-1600
Fax—(360) 753-2710
September 11,2019
AGROPACK, LLC R E C E N E D
391 E EXPORT RD
SHELTON, WA 98584-8559 SEP 112019
Re: TOUCAN FARMS Mason County
391 E EXPORT RD Cnmmissinners
SHELTON, WA 98584-8559
LICENSE#412741 -7B
UBI 603-351-400-001-0001
Your application for change in limited liability members has been approved. This approval is for:
Individual/Entity Position Units
Juicier Extractions LLC Mgr/Albr 10
Lucas K Marthaler Albr 53
Gunner L.W Scott Albr 47
Kylee D. Scott Spouse
Steven P. Fuhr Albr 40
Andrew M. Volk Albr 25
Jessica Dymsza-Volk Spouse
Anthony D. Shapiro Mbr 25
Deborah Alexander Spouse
Total 100
*As of April 1,2018—The WSDA will regulate the processing of all Cannabis-Infused Edibles
through an endorsement program. To get more information about the endorsement please call the
WSDA at(360)902-1876 or visit the WSDA's Cannabis Infused Edible website.
,-'Ae&4 7114 2�OU/BAM
Marijuana Licensing Investigator
360-664-1649
cc: Enforcement Office
Mason County Commissioners
Port of Shelton
Business License Service
File
Decisions
PO BOX 43098,Olympia,WA 98504-3098—(360)664-1600 Option 1
9/11/2019 Mail-rsr@co.mason.wa.us cc: CMMRS Neatherlin, Shutty&Trask
Resigning Clerk
Matt Davis < MCEIVE
Thu 9/5/2019 4:18 PM
SEP 112019
To:Becky Rogers <rsr@co.mason.wa.us>;
Mason County
Commissioners
Hi Becky
This email is to inform you that effective today I am resigning as civil service board member, due to new health concerns which has led me to take a new position at my current employer. This
new position does not allow the flexibility that my past position did. I wish the other board members and the Sheriff's Department the best and you will always have my support.
Sincerely,
Matt Davis
hftps://owa.co.mason.wa.us/owa/#path=/maii/search/rp 1/1
NEWS RELEASE
September 17, 2019
MASON COUNTY COMMISSIONERS
411 NORTH 5T" ST
SHELTON, WA 98584
(360) 427-9670 EXT. 419
TO: WAS, 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
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North 5"' Street, Shelton, WA
September 10, 2019
1. Call to Order—The Chairperson called the regular meeting to order at 9:03 a.m.
2. Pledge of Allegiance — Cmmr. Neatherlin led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 — Kevin
Shutty; Commissioner District 3 — Sharon Trask, absent.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Rick Blake sent in a letter regarding traffic on Honeysuckle Lane.
4.1.2 Washington State Liquor and Cannabis Board sent in two liquor license applications-
the first for Karen Hilburn Cancer Fund and Summit Pacific Medical Foundation for an
event at Alderbrook Resort, 10 East Alderbrook Drive, Union, the second for North
Mason Coalition of Churches and Community held at The Hub 111 Old Belfair Hwy,
Belfair.
4.1.3 Sam Weaver sent in a letter concerning the Criminal Justice System.
4.1.4 David Engman submitted an application for the Veterans Advisory Board.
4.1.5 Washington State Liquor and Cannabis Board sent in change of location for Cannabis
CO-OP.
4.1.6 Federal Emergency Management Agency (FEMA) sent a revised Flood Insurance Rate
Map.
5. Open Forum for Citizen Input— None.
6. Adoption of Agenda - Cmmr. Neatherlin/Shutty moved and seconded to adopt the agenda
as published. Motion carried unanimously. N-aye; S-aye; T-absent.
7. Approval of Minutes-August 26, 2019 Briefing Minutes; August 27, and September 3 2019
Regular Meeting Minutes. Cmmr. Neatherlin/Shutty moved and seconded to adopt the
August 26, 2019 Briefing Minutes, and the August 27, and September 3 2019 Regular
Meeting Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-absent.
8. Approval of Action Agenda:
8.1 Approval to set a hearing on Tuesday, September 24, 2019 at 6:15 p.m. to sell parcel
22017-52-00087, 661 E. Lakeshore Drive E., Shelton.
8.2 Approval to authorize the Chair to sign the Project Partnership Agreement between
the Department of Army, Mason County, Skokomish Indian Tribe, and the State of
Washington Department of Natural Resources for work within the Skokomish
watershed.
8.3 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s $
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Treasure Electronic Remittance for August 2019 $ 322,528.66
8.4 Approval to authorize the Chair to sign a letter of no objection for a special occasion
liquor license application for the Summit Pacific Medical Foundation on September 14,
2019.
Cmmr. Neatherlin/Shutty moved and seconded to approve action items 8.1 through 8.4.
Motion carried unanimously. N-aye; S-aye; T-absent.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
September 10, 2019 - PAGE 2
9. Other Business (Department Heads and Elected Officials)- None.
10. 9:15 a.m. Public Hearings and Items set for a certain time— No hearings.
11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:10 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
Melissa Drewry, Clerk of the Board Kevin Shutty, Chair
Sharon Trask, Commissioner
Randy Neatherlin, Commissioner
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Frank Pinter Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 530
DATE: September 17, 2019 Agenda Item # 0 ,
Commissioner staff to complete)
BRIEFING DATE: September 9, 2019
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of Amendment #1 to the professional services agreement with KMB
Architects for the Building 10 renovation project Phase 2 in the amount of$121,198.
Background:
Mason County contracted with KMB Architects for architectural and engineering (A/E)
services for the Mason County Bid 10 renovation.
Amendment #1 is for design services for systems assessment, programming and
concept design. The design services include architectural, interiors structural,
mechanical, electrical, and cost consulting.
Budget Impacts: $121,198 from the REEF 1 Fund.
RECOMMENDED ACTION: Approval of Amendment #1 to the professional services
agreement with KMB Architects for the Building 10 renovation project Phase 2 in the
amount of $121,198.
Attachment(s): Proposal Memorandum
906 Columbia Street SW,Suite 400
Kva Olympia,WA 98501
360.352.8883
architects www.KM B-arch itects.co m
Proposal Memorandum
1
Date: July 30, 2019
To: Frank Pinter
Support Services Director
Mason County
411 North 5t'Street, Shelton,WA 98584
fpinter(a.co.mason.wa.us
From: Bill Valdez, PE, Partner
Project: MASON COUNTY—DISTRICT COURT BUILDING#10 RENOVATION
Subject: Professional Services Amendment- Fee Proposal—Phase 2
KMB Job. No.: J1922
Copied to: Joe Doherty, KMB Business Manager, file
Frank—
KMB architects respectfully submits,a proposal for architectural and engineering (A/E)services for the Mason County
District Court Building#10 Renovation-Phase 2 project. This Professional Services proposal encompasses design,
bidding and construction administration services of the Phase 2 scope of the project outlined in the Phase 1: Scoping&
Concept Design Report.
Project Understanding
Mason County recently purchased the Olsen Furniture Company Building located at 414 West Franklin Street, Shelton
WA. This existing singe-story building is approximately 22,000 sf, constructed with storefront glazing system composing
the majority of the southern elevation and masonry exterior walls on all other sides. The building includes long span glue
laminated structural beams and steel pipe columns. There is a barrel-vaulted roof for about 1/3 of the roof surface and a
flat roof for 213 of the roof surface. The County believes that the building RTU's have failed and will need replaced as part
of the renovation project.
Phase 2
• Fee to be mutually negotiated between Mason County and KMB architects following Phase 1.
• Develop Contract Documents for the Building Systems upgrades including:
• RTU and HVAC building system replacement
• Electrical service upgrade
• Roof replacement and upgrades
• Structural &Seismic upgrades'
• Cost Consulting
MASON COUNTY—DISTRICT COURT BUILDING#10 RENOVATIO1
July 30, 201
page
The building will be vacated for full duration of design and construction. The anticipated Project Budget including of the
Maximum Allowable Construction Cost(MACC), Design Services and Permitting Fees of each of the phases of the
project is not yet known.
Proposed Scope of Services—Phase 2
KMB architects'proposes to provide design services for systems assessment, programming and concept design.The
scope of work for design services includes Architectural, Interiors, Structural, Mechanical, Electrical, and cost consulting.
The following summarizes the proposed project team:
A. Architects—KMB architects, Bill Valdez, PE, Partner, Sara Rickards
B. Structural Engineering—tk1 sc—Dan Munn PE SE&Jason Tornquist PE SE
C. Mechanical (HVAC, Plumbing) Engineering—HultzBHU—Rick Hultz PE
D. Electrical Engineering—HultzBHU
E. Cost Estimating—JMB Cost Consulting—Jon Bayles
Basic Services
A. Architectural fee $60,675
(Refer to attached KMB architects task-based tables for fee distribution by Phase)
B. Structural Engineering $21,000
(Refer to attached proposal from tk1 sc)
C. Mechanical/Electrical/Plumbing Engineering $29,500
(Refer to attached proposal from HultzBHU)
D. Cost Consulting $4,000
(Refer to attached proposal from JMB)
E. Additional Services Consultant 10% Mark-up $5,450
Subtotal Basic $120,625
F. KMB architects team Direct Expenses Costs $573
a. Printing Costs $400
b. Meals $0
c. Travel/Mileage $173
d. Miscellaneous Direct Costs $0
Subtotal Basic Services $121,198
This fee amendment request for One Hundred Twenty-one thousand, One hundred Ninty-eight and no($121,198.00)
would amend our Professional Services Agreement, dated June 7,2019 as follows:
Original Contract Amount $ 45,000.00
Professional Services Amendment No. 1 $121,198.00
Amended Contract Amount $166,198.00
Draft Schedule
The following is the anticipated schedule dates:
• Phase 2 Kick Off—July 30, 2019
• Phase 2 Permit Drawings Submittal—August 13, 2019
• Phase 2 Bid Documents Submittal—August 22,2019
• Bid Opening—September 5,2019
• Roof Construction Completion—October 2019
• Final Construction Completion—November 2019
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Michael MacSems Action Agenda X
Public Hearing
Other
DEPARTMENT: Community Services EXT: 571
DATE: September 17, 2019 Agenda Item # g
Commissioner staff to complete)
BRIEFING DATE: September 9, 2019
BRIEFING PRESENTED BY: Michael MacSems
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
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 was 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:
Remove the Willard Libby Barn from the Mason County Historic Registry as an Action Agenda item
(and sign delisting application).
ATTACHMENTS:
Delisting Application, Background Information on the Willard Libby Barn.
Action Item Summary Form Historic Registry 9 17.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
9.. 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"
]) 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)
0) 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 available, and current photos(S 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 cif 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: ?
Public Hearing Date: g �?
County Action Taken:
Historic Preservation Commission:
Board of County Commission:
MASON COUNTY
HISTORIC PRESERVATION COMMISSION
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))
MASON COUNTY
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.
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a. `�' 1•.'R'l}t 1`Y�� �i^t7 y°f'°3��Fff `�3 i�'7£ � 'l�
With the death of Mrs..Ef[ie F, was completed,
Libby In Seattle last Thursday,.the Mr. Llbby'servedlon the Shelton
final chapter was written to a city cotlhcll during' the regime of
Mason county pioneer story which Mayor Pritchard, and voted_ for
had its beglAning In-1889,'"'` " .the'acquisition of Sheltop's .f irst
Mrs, Libby"began her Iresidene6 Bae-powered 'fire' engine;;4n the
Ih this county In, Aprg of 1889 mid-1920x. I .
whin lher parents,.Mr: and Mrs.. IN 19 9 the family-moved to
Charles lea, 'moved;h�q' from Lake Isabella, khen to ]#arper,In
9eaftle, a tteniied the Id one. 1933, where Mab, Libby served'all
roo o idc 00 own postmaster for eight yearn end Mr.�
a9 Mason Libby owned and operated 'a'gas'
o, later Agate..' 'rhe fes station and store until 1941. .• .
fam�fy hadmoved' to lieatd In During Wgrljd W,ar Ii the Ub-•
1889'from MlnAeappolio,where Mrs. ibys moved to Seattle where he;
`Libby was born .ianuary. 1,,ir389. k�orked KA, shlpwrig4tt In Beattlei
Her marrlage*to'IYa 'W„'Libby. Isnd Ballard shipyards until retir-�
on June 29,190T,In Shelten'uhited Ing In 1964.• Mrs. Llbby was em-,
her with ahothet 7Vtssom,county ployed In a cookie bakery'at that
pioneer an as he had.conte"to this !same time.
area in 1988. He died)aet June 8. Mr. and Mrs. Libby were char-!
THEY Mi1bE'thelr'tiibt`}tome, ,and
members of the'Agate grange]
at ifie site of tfle'Llbiip*brothers sad he was one Rt ifs early ma .
sawmill at Bi Skoo um-Point,•.iters, Rs MNG f 11F_ before him.
Big' 6URVIVINa Ai1E a%aon, Law-1 ,
Mr. Libby was the fir to 10
9.Ieland'with "�est'Calg_ rens., In' Beattie, one daughter,!
P Mra, Eugene Hrown >n ;Shelton;
I
errppf lar," and hi' designed'the s- one grandson,'Oharlee Brown, In,
ilAhft-firet ferry, the'Ieinhd Bele, '6eattle: three brothers, Elmer and
AuiHhk World War I, as well as Lantz Wiss In Shelton,and George
y den!Viing and building' the log- Wins In Seattle; and two steteh+,
-gtfl' tugs Spruce and. Sltookum• Mr, •Exther Berets In Shelton Rod'
Logger, which are still,ln•use'-on' Mrs, Edna Farquhar in-Mt. Ver-
�Hatthmeraley Inletr • ' •. . 1. ,non.
!'Z'fte LlbbyR moved'to' Shelton Funeral mrvIces were held Mon-
` proper in 1974; bUlit and''llved'-in' :day from Byrne & Bataton mor-
what lit' now, the Log Cabin' •on tuary in Shelton. •The Rev.Robert
Hillcrest, at that time the dW Rings of the Methodist Church of-
trict's first gas station and gro•• ficlated. Interment was In Shel-
.cery before the Olympkb highway :ton Memorial Park.
ATTACHMENT"D”
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Todd Parker Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Services EXT: _293
COMMISSION MEETING DATE: 9/17/19 Agenda Item # 3
Commissioner staff to complete)
BRIEFING DATE: 9/9/19
BRIEFING PRESENTED BY: Lydia Buchheit / Todd Parker
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM:
Local Document Recording Fees (2060) — Housing Authority Contract
Background:
Award from the affordable housing request for proposal closing June 21,
2019.
RECOMMENDED ACTION:
Approve contract #2HA.2060.2019.1 with the Housing Authority of Mason County that
will assist with roof repairs at the Pine Garden Apartment Complex.
Attachment(s):
Contract
IXommunity Services-Public Health\PH_09.17.19_C.Action Agenda-11A Contract.2.doc
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 6'h 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 $51,125
Total 2163 Funds Awarded none
Total Award/Contract Value Not to exceed $51,125
Performance Period September 1, 2019 - November 30, 2019
Contract Expiration Date December 31, 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:
2
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 is considered the performance period under this contract
and is November 30, 2019. The contract expires close of business December 31, 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
C 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
30, 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 $51,125.
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.
i
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:
—AW—
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
I?
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 Hai h, 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 30, 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 (caseyb@co.mason.wa.us) and Todd Parker
(tparker@co.mason.wa.us).
5. DELIVERABLES: All invoices and documentation must be submitted no later than close of
business December 31, 2019 to close out this contract
a) Invoices of allowable expenses that includes this contract number, date of work, details
of 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; and
d) Final inspections
e) Final report demonstrating project completed including final costs
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. Payment is for reimbursable expenses and follows the vendor payment cycle of Mason
County Auditor's Office.
2. Any travel expenses included in the estimate and detailed in this CONTRACT will be
allowed at current Washington State reimbursement rates.
3. CONTRACTOR must include/reference the Contract# on all invoices.
4. The approved budget which details the expenses that CONTRACTOR can use
CONTRACT funds for are approved in an amount not to exceed $51,125.
5. Invoicing:
a. Copy of accepted bid/signed agreement must be included with the signed
MASON COUNTY contract
b. Invoices of allowable expenses that includes this contract number, date of work,
details of goods, materials and labor connected to the repairs and replacements
incurred during the performance period of this contact
c. Receipts of expenses attached if applicable
d. Final fiscal close out report demonstrating project completed including final costs
6. Budget Revisions:
a. CONTRACTOR must submit a written request to the COUTNY for any budget
J
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.
7. Procurement: CONTRACTOR is required to procure goods and services in alignment with
Washington State procurement standards.
17
EXHIBIT D
WORK ESTIMATE
COGENT
CONSTIiUMON INC
-�-QMMERCIAL AND RESMENTIA ROOFING Date Estimate tt
PO BOX 675
Union WA 98592 112820[9 5414
U0 COGENC193iR6
Phone:J60.427.3162 Fax:360.427.4377
Entail;Into@CogentConstructioninc.conn
Web:www.CogentConstructionlnc.coni
i
Namo/Addross
Kathy 1 iaigh
301 S 5111 SL
Shelton,WA 98584
j P.O.No. Project
3000 Johns Praric Rd.,.
Desmiptlon Total
Renrond of all composition on entire remining apario=nt complex and ro roof na3th Ccmil Iced landmark compusilion 80,710.09
i
with scolchgard over synthetic undcrlayrncnL Hand nail all 5hinglcc Remove and dispose of all debris.
i
I
Removal of ull esisling rnaen sheeting and:re sheet with new l/2*CDX plywood 38,76J1
'Nota'No painting is included in Ibis estimate
I
This estimate includes all veniitatinn,pipe boots,flashing oiWor any other roofreialed components.
I,
Option io upgrade to IV snap lock metal roofing will be an additional S 36,670.00 ('ReconvocndtO)
i
I
i
I
Any composition eslimatc over$15,000.00,as well as all metal estimates,will require
112 down payment upon material order,with balance due upon completion.
Cogent Construction Inc.rtxluires sibmaturc and dote on Estimate for acceptance of contract,Purchaser has up to 24 Ito=
far recislon*(entire contract Icm deposiL Recision of contract after 24 hours will hold purdtaser liable fur 33%of enti e
contract nteng with any ocgaircd f=S er costs aswciatcd with said project.All nuretlal is guar7ntud to be as spccilicd.
All work d aR he complctciJ in a quality manner In accordance with industry stwidar&
ALL ESTIMATE PRICFS ARE DISC)UNUED BASED ON CASA OR CHECK PAYMENT.
CREDIT CARD PAYMENTS ARE SUBJECT TO A 3%MERCHANT CHARGE.
i
Fees,Permits and Washington State Stiles tax Total 5119 55R 00
are not included in this estimate:
Customer Signature
Date
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: September 17, 2019 Agenda Item # g �{
Commissioner staff to complete)
BRIEFING DATE: 7/19/19
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of the 2020 contract for Visitor Information Center (VIC) services
with North Mason Chamber of Commerce in the amount of $40,600.
Background: Mason County receives funds from room taxes imposed on lodging
facilities. These funds can be expended for activities established by and eligible under
State law. Tourism promotion is defined under RCW 67.28.080 as"...activities,
operations, and expenditures designed to increase tourism, including but not limited to
advertising, publicizing, or otherwise distributing information for the purpose of
attracting and welcoming tourists; developing strategies to expand tourism; operating
tourism promotion agencies; and funding the marketing of or the operation of special
events and festivals designed to attract tourists."
A Request for Proposals (RFP) for 2020 VIC services was issued and this one proposal
was received.
The Lodging Tax Advisory Committee met on July 25th and recommended the
Commissioners award $40,600 to the North Mason Chamber for 2020 VIC services.
An additional RFP has been issued for services that support tourism.
Budget Impacts: This is funded with lodging tax revenue.
RECOMMENDED ACTION: Approval of the 2020 contract for Visitor Information
Center (VIC) services with North Mason Chamber of Commerce in the amount of
$40,600.
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
2020 NORTH MASON CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES
THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as
"COUNTY"and North Mason Chamber of Commerce, hereinafter referred to as"CONTRACTOR."
RECITALS:
WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Visitor Information
Center services in Mason County; and
WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the services.
NOW, THEREFORE,for and in consideration of the CONTRACT made, and the payments to be made by
COUNTY, the parties agree to the following:
Special Conditions
Funding Source: Lodging Tax Fund(#164)
Invoices: CONTRACTOR shall invoice the Visitor Information Center services.
Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be
owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY
within thirty days after termination or completion of this Contract unless mutually agreed up on by the parties.
A detailed inventory shall be maintained by the CONTRACTOR and reported to the County by December 31,
2020.
Reporting Requirements: CONTRACTOR shall submit quarterly to the COUNTY a Visitor Information
Services Progress Report that shall include but not be limited to the following information: Number of hours
of operation for the quarter; Number of visitors served in person, by phone and through mail and email
communication; Number of visitors served by location of origin; CHAMBER website traffic analysis, to
include: Page views and duration, new versus returning website visitors and number of links activated to
www;ex;_-lorehoodcanal.com. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of
Washington RCW 67.28.1816(2)(c)(i).
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.
Term:
This a one-year CONTRACT for the period of January 1, 2020—December 31, 2020 with an option to
renew for one additional year. 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.
Compensation:
2020 CONTRACT is$40,600.
The total funding available in 2021 for Visitor Information Centers is up to 30% of County lodging tax
revenues collected in 2019. The Lodging Tax Advisory Committee shall make a recommendation to the
Mason County Commissioners on the actual 2021 contract award if and when the contract is extended.
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Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be in accordance with
RCW 67.28.1816 and set forth in"Exhibit B Compensation". Invoices shall be submitted for services
performed in accordance with the Scope of Work. Acceptable invoices will be processed within 30 days of
receipt.
Unless specifically stated in Exhibit"B"or approved in writing in advance by the official executing this
CONTRACT for the COUNTY or his designee(hereinafter referred to as the"Administrative Officer")the
COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR
in the performance of this CONTRACT.
The COUNTY or his designee(hereinafter referred to as the"Administrative Officer")will reimburse the
CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this
CONTRACT.
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.
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. 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 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
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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
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
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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.
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.
Work Product:
CONTRACTOR will provide COUNTY with all work product and source documents used and/or produced by
the CONTRACTOR including plans, data, maps (digital and paper), reports, photos,videos, marketing
media, client e-mails, access to analytical accounts, and art work within 30 days after termination or
completion of this CONTRACT unless mutually agreed up on by the parties. All work product shall belong to
the COUNTY.
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
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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.
Insurance Requirements:
CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT C Insurance
Requirements."
Proof of Insurance:
A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance."
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 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
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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 con-pensa ion, and have been mutually negotiated
by the parties. I %`
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.
E-Verify:
The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and
subcontracts for$25,000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents
and warrants that it will,for at least the duration of this CONTRACT, register and participate in the status
verification system for all newly hired employees. The term "employee"as used herein means any person
that is hired to perform work for Mason County. As used herein, "status verification system" means the
Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States
Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic
verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such
compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY
CONTRACTOR further represents and warrants that any person assigned to perform services hereunder
meets the employment eligibility requirements of all immigration laws of the State of Washington.
CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to
the following: (a)termination of this CONTRACT and ineligibility for any Mason County Contract for up to
three(3)years,with notice of such cancellation/termination being made public. In the event of such
termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the
COUNTY due to contract cancellation or loss of license or permit."CONTRACTOR will review and enroll in
the E-Verify program through this website: www.uscis.gov
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the
State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR
also agrees to comply with applicable Federal, State, County or municipal standards for licensing,
certification and operation of facilities and programs, and accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County 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 5th Street
Shelton, WA 98584
Telephone(360)427-9670 ext. 747
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dlz@co.mason.wa.us
Contractor Contact Information:
North Mason County Chamber of Commerce
Stephanie Rowland, Executive Director
30 NE Romance Hill Rd, Suite 103, PO Box 416
Belfair, WA 98528
(360)275-4267; srowlandtcnorthmasonchamber.com
Notice:
Except as set forth elsewhere in the CONTRACT,for all purposes under this CONTRACT except service of
process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this
CONTRACT. 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.
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.
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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 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
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without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT
are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or
subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted
except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict
performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any
one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other
covenants or contracts, but the same shall be and remain in full force and effect.
Order of Precedence:
A.Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of
Management and Budget(OMB)circulars and federal and state executive orders.
B. Funding source agreement(s) including attachments
C. Special Conditions
D. General Conditions
Entire Contract:
This written CONTRACT, comprised of the Request for Proposals as published, Proposal as submitted,
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 CONTRACTOR have executed this CONTRACT as of the date
and year last written below.
NORTH MASON COUNTY BOARD OF COUNTY COMMISSIONERS
CHAMBER OF COMME4CE
TSH ,WA MASON COUNTY,WASHINGTON
Stephanie Row and, Executive 'rector Kevin Shutty, Chair
Dated: _ 8-02$. O O r ( Dated:
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
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EXHIBIT A
SCOPE OF SERVICES
2020 NORTH MASON COUNTY CHAMBER OF COMMERCE VISITOR INFORMATION CENTER
SERVICES
North Mason County Chamber of Commerce called "CONTRACTOR"will be responsible for providing the
following services as well as others as detailed throughout this CONTRACT.
CONTRACTOR will provide the following VISITOR INFORMATION CENTER services:
1. Maintain and operate visitor information services at the following locations: 30 NE Romance Hill
Road, Belfair, WA. Space dedicated to Visitor Information, 810. Hours of operation are 44 hours per
regular week, typically Monday—Friday 9:00 AM —5:00 PM; Saturday 9:00 AM— 1:00 PM and
Union @ Hunter Farms, one 10 x 10 building. Hours of operation are Friday and Saturday, 11 am.—
6 p.m.; Sunday, noon to 5 p.m. May through October.
2. Provide information and direct assistance to visitors requesting information about area events, parks,
lodging, dining, retail and recreational services and opportunities available in Mason County.
Assistance and information shall be provided to walk-in visitors and via telephone, mail or
email/website inquiries.
3. Disseminate visitor information or relocation information materials via U.S. Priority Mail upon
request.
4. Provide for sale U.S. Forest Service and National Park Service area maps, Washington State Parks
Department Discover Passes in the North Mason Chamber of Commerce/Belfair Licensing Visitor
Information Center.
5. Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging
opportunities and locations, area restaurants, recreational activities, special events and festivals and
accurate information about required permits and passes for accessing recreational opportunities.
6. Provide updated information about area events, lodging, dining and recreational experience
opportunities to County Tourism Marketing Contractor for inclusion on www.ex lorehoodcanal.com.
7. Provide free Customer Service training for Mason County businesses—4 two-hour workshops.
8. Reprint, as needed, Mason County Padded Map, 50 pages per pad.
9. Focus on Visit Union Facebook and Instagram to drive tourism to Union
10. Provide quarterly reports that shall include but not be limited to the following information:
• Number of hours of operation for the quarter
• Number of visitors served in person, by phone and through mail and email communication.
• Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i)
• Information and web content information provided in item (6)of Scope of Work.
• CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington
RCW 67.28.1816(2)(c)(i). This information is due to the COUNTY no later than February
15 following the end of contract year
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EXHIBIT B
COMPENSATION
The following costs,which are directly related to Visitor Information Center activities,are allowed for
Visitor Information Services:
Advertising
Supplies
Telephone
Postage
Association Fees & Education
Rent
Events &Programs
Utilities
Computers &Technology
Tourism Mileage
Wage Expense
Payroll Taxes
Training&Seminars
Contract Labor
Travel Expense
There shall be no payments made for repairs and maintenance.
CONTRACTOR shall invoice the Visitor Information services and invoices shall include at a minimum the
following information: Date, Service Billed, and Cost.
Invoices for Visitor Information Services shall not exceed$40,600 unless additional awards are made.
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EXHIBIT C
INSURANCE REQUIREMENTS
1.MINIMUM Insurance Requirements:
A. 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.
B.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.
C.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.
D.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.
2.Certificate of Insurance:
A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance."
3.Basic Stipulations:
A.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.
B.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.
C.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.
D.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.
E. 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
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protect its interests.Any premium so paid by COUNTY shall be charged to and promptly paid by
CONTRACTOR or deducted from sums due CONTRACTOR.
F.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-fnsurance available to COUNTY.
G.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.
H.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
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MASON COUNTY,ITS OFFICERS EMPLOYEES AGENTS&MASON COUNTY COMMISSIONERS
ARE ADDITIONAL INSURED WHIN REQUIRED IN WRITTEN CONTRACT PER FORM CG 76 80
1002.
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SHOULD ANY OF THE ABOVE DESCMEED POLICIES BE CANCELLED BEFORE
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SHELTON.WA 98SU AUnMR=REPRESENTATNE _
ACORD 25(2016103)
®1881-201 S ACORD CORPORATION, AU rights reserved.
The ACORD name and logo are registered marks of ACORD
EXHIBIT D
CERTIFICATE OF INSURANCE
(Placeholder)
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OuL,
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Giraldes Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: September 10, 2019 Agenda Item # ,5
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8066675-8066887 $ 1,313,931.08
Direct Deposit Fund Warrant #s 61837-62228 $ 666,744.46
Salary Clearing Fund Warrant #s 7004665-7004702 $ 945,378.48
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
4941Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 18,764,345.03
Direct Deposit YTD Total $ 11,725,374.28
Salary Clearing YTD Total $ 12,494,912.12
Approval of Treasure Electronic Remittances YTD Total $ 6,916,936.33
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s 8066675-8066887 $ 1,313,931.08
Direct Deposit Fund Warrant #s 61837-62228 $ 666,744.46
Salary Clearing Fund Warrant #s 7004665-7004702 $ 945,378.48
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of
the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Frank Pinter Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 530
DATE: September 17, 2019 Agenda Item # (P
Commissioner staff to complete)
BRIEFING DATE: September 9, 2019
BRIEFING PRESENTED BY: Support Services
[ ) ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of the Temporary Easement with the State of Washington,
Department of Transportation (WSDOT) for parcel # 42024-13-00480 for the Coffee
Creek Remove Fish Barrier Project. WSDOT will pay $500 to Mason County for this
temporary easement.
Background:
This vacant county-owned land will have a temporary easement along the
Goldsborough Creek streambed until March 2024.
Budget Impacts: Mason County will receive $500 from WSDOT.
RECOMMENDED ACTION: Approval of the Temporary Easement with the State of
Washington, Department of Transportation (WSDOT) for parcel # 42024-13-00480 for
the Coffee Creek Remove Fish Barrier Project. WSDOT will pay $500 to Mason County
for this temporary easement.
Attachment(s): Offer letter and temporary easement
LaBonde Land, Inc.
Real Estate Consultants
OFFER LETTER
Date
Mason County
Attn: Frank Pinter
Director, Support Services
411 N 5th Street
Shelton, WA 98584
Subject: SR 101, Matlock Interchange Vicinity—Sheet 4
US 101 Coffee Creek Remove Fish Barrier Project
RW5411, C.S. 183730
FA Number: NHPP-01 01(355)
Parcel Number: 3-10876
Dear Mr. Pinter:
The State of Washington, acting by and through its Department of Transportation
(WSDOT) plans to proceed with the above-titled public project. As a part of the project,
we need to purchase your property and/or property rights identified on the "Right of Way
Plan" by the "parcel number" listed above. The bearer of this letter is the WSDOT's
acquisition specialist assigned to complete this transaction.
An administrative offer of$500.00, per the WSDOT's minimum payment policy, is being
made for your property or property rights. This offer consists of$500.00 for an 2878
square foot Temporary Construction Easement. An administrative offer(based on market
research) is used when the property rights being acquired involve compensation of less
than $10,000.
The WSDOT will acquire occupancy of the property on the "payment date" as defined in
this letter.
Payment for your property and/or property rights will be made available to you
approximately 45 days after you accept the WSDOT's offer, provided that there are no
delays in closing the transaction. The date on which payment is made available to you is
called the "payment date". On that date, the WSDOT becomes the owner of the property
purchased and responsible for its control and management.
You may wish to employ professional services to evaluate the WSDOT's offer. If you do
so, we suggest that you employ well-qualified evaluators so that the resulting evaluation
report will be useful to you in deciding whether to accept the WSDOT's offer. The
5506 6'Ave S, Ste 1020 Seattle,Washington 98108
206/623-1633 0 company@labondeland.com
Offer Letter,Mason County
Date
WSDOT will reimburse up to $750.00 of your evaluation costs upon submission of the
bills or paid receipts.
If you decide to reject the WSDOT's offer, the WSDOT, acting in the public interest, will
use its right of eminent domain to acquire your property for public use. In conformity
with the Washington State Constitution and laws, the Attorney General will file a
condemnation suit to obtain a "Court Order of Public Use and Necessity", and a trial will
be arranged to determine the just compensation to be paid for the property.
The Internal Revenue Service (IRS) requires that the WSDOT obtain your correct
taxpayer identification number (TIN) or social security number (SSN) to report income
paid to you as a result of this real estate transaction. In addition to the IRS requirement,
the Washington State Office of Financial Management (OFM) requires that all state
agencies use a statewide vendor number for all payments. You will be required to
complete the attached substitute Form W-9 for each owner, as well as, the attached
Statewide Vendor Registration & Payment Option form, and provide said forms to the
WSDOT's specialist upon acceptance of the WSDOT's offer. However, in order to
expedite processing of your payment, these forms can be provided to the WSDOT at an
earlier date. If you need advice on how to complete these forms, please contact an IRS
office, accountant, or legal consultant.
If you have personal property presently located on the property being acquired by the
WSDOT that needs to be moved, the WSDOT will reimburse you for the cost of moving
it through the Relocation Assistance program.
We have attempted by this letter to provide a concise statement of our offer and summary
of your rights. We hope the information will assist you in reaching a decision. Please feel
free to direct any questions you may have to the undersigned. May we please have your
early reply as to acceptance or rejection of this offer?
Thank you.
Sincerely,
Mark Anderson
Senior Right of Way Agent
(206) 623-1633
markga,labondeland.com
Receipt of this letter is hereby
acknowledged. I understand that this
acknowledgment oes of signify my
ace e o e' of this offer. y
ign Date
RES 350 10/2014
After recording return document to:
State of Washington
Department of Transportation
Real Estate Services Office
P O Box 47338
Olympia WA 98504-7338
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor: Mason County
Grantee: State of Washington,Department of Transportation
Legal Description: Ptn SW NE 24-20-4
Additional Legal Description is on Pages 4 & 5 of Document
Assessor's Tax Parcel Number: 42024-13-00480
TEMPORARY EASEMENT
State Route 101, Matlock Interchange Vicinity
The Grantor, Mason County, a political subdivision of the State of Washington for and in
consideration of the sum of TEN AND NO/100($10.00)Dollars,and other valuable consideration,
conveys and grants unto the State of Washington, acting by and through its Department of
Transportation, and its assigns, Grantee,under the imminent threat of the Grantee's exercise of its
right of Eminent Domain, the right, privilege and easement over, upon, and across the hereinafter
described lands for the purpose of creek realignment and rehabilitation, which activities may
include but are not limited to: personnel and the use of heavy equipment for excavation, grading,
earth scraping, landscaping,planting, and plant monitoring.
The work on the lands will be in two phases, the first phase for construction and the second
phase for plant establishment. Plant establishment work includes maintaining and replacing
plantings, removing undesirable vegetation and noxious weed controls.
The temporary rights herein granted shall terminate on March 31, 2024.
FA No.NHPP-0101(355)
Project No.310195H
RES-302 Page 1 of 4 Pages Parcel No. 3-10876
10/2014
TEMPORARY EASEMENT
Said lands being situated in Mason County, State of Washington, and described as follows:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof.
It is understood and agreed that delivery of this temporary easement is hereby tendered and
that the terms and obligations hereof shall not become binding upon the State of Washington unless
and until accepted and approved hereon in writing for the State of Washington, by and through its
Department of Transportation, by its authorized agent.
Dated: , 2019
Board of County Commissioners, Mason County, Washington
By:
Randy Neatherlin, Commissioner
By:
Kevin Shutty, Commissioner
By:
Sharon Trask, Commissioner
Accepted and Approved
STATE OF WASHINGTON
Department of Transportation
By:
Claude A. Partin, Olympic Region Real
Estate Services Manager
Date:
RES-325 Page 2 of 5 Pages Parcel No.3-10876
TEMPORARY EASEMENT
STATE OF WASHINGTON )
ss
County of Mason )
On this day of before me personally appeared
each one to me known to be
one of the duly elected, qualified and acting County Commissioners of Mason County,
Washington, that executed the within and foregoing instrument and acknowledged said
instrument to be the free and voluntary act and deed of said County, for the uses and
purposes therein mentioned, and each on oath stated that(he/she/they) (was/were)
authorized to execute said instrument by resolution of the Board of County Commissioners
of said County, and that the seal affixed is the official seal of said County.
GIVEN under my hand and official seal the day and year last above written.
(SEAL)
Notary Public in and for the State of
Washington, residing at
My commission expires
RES-325 Page 3 of 5 Pages Parcel No.3-10876
TEMPORARY EASEMENT
EXHIBIT A
All that portion of the following described PARCEL "A" lying Easterly of a line beginning at a
point opposite Highway Engineer's Station(hereinafter referred to as HES) 756+57 on the SR 101
line survey of SR 101, Matlock Interchange Vicinity, and 270 feet, more or less, Westerly
therefrom;
Thence Northwesterly to a point opposite HES 756+98.98 on said line survey and 283 feet, more
or less, Westerly therefrom, said point also lying on the Southerly bank of Goldsborough Creek,
as said Southerly bank was located on August 25, 1971,date of deed recorded September 29, 1971,
Auditor's File No. 263811, records of Mason County, Washington;
Thence Northwesterly to a point opposite HES 757+27 on said line survey and 305 feet Westerly
therefrom;
Thence Northerly to a point opposite HES 757+80 on said line survey and 294 feet Westerly
therefrom;
Thence Northeasterly to a point opposite HES 757+95 on said line survey and 269 feet Westerly
therefrom;
Thence Easterly to a point opposite HES 757+93 on said line survey and 265 feet, more or less,
Westerly therefrom, said point lying on the said Southerly bank of Goldsborough Creek;
Thence Northerly along the said Southerly bank of Goldsborough Creek to a point opposite HES
757+96 on said line survey and 265 feet, more or less, Westerly therefrom;
Thence continuing Northerly along the said Southerly bank of Goldsborough Creek to a point
opposite HES 758+27 on said line survey and 261 feet,more or less, Westerly therefrom;
Thence Northeasterly along the said Southerly bank of Goldsborough Creek to a point opposite
HES 758+53 on said line survey and 250 feet, more or less, Westerly therefrom;
Thence continuing Northeasterly along the said Southerly bank of Goldsborough Creek to a point
opposite HES 758+65 on said line survey and 243 feet, more or less, Westerly therefrom;
Thence Northerly to a point opposite HES 758+98 on said line survey and 234 feet, Westerly
therefrom;
Thence Northeasterly to a point opposite HES 759+05 on said line survey and 201 feet, more or
less, Westerly therefrom, said point lying on the Westerly right-of-way line of SR 101 as it existed
on May 22, 2019;
Thence Northerly along said Westerly right-of-way line of SR 101 to a point opposite HES
759+99.42 on said line survey and 200.74 feet Westerly therefrom and the end of this line
description.
SEE NEXT PAGE FOR PARCEL "A"
RES-325 Page 4 of 5 Pages Parcel No.3-10876
TEMPORARY EASEMENT
EXHIBIT A—Cont'd
PARCEL"A"
All that portion of the Southwest quarter(SW 1/4) of the Northeast quarter(NE 1/4) of Section
twenty-four(24), Township twenty(20) North, Range four (4) West, W.M., particularly
described as follows:
BEGINNING at the intersection of the West line of said Southwest quarter(SW 1/4) of the
Northeast quarter(NE 1/4) with the Southerly bank of Goldsborough Creek, as said Southerly
bank was located on August 25, 1971, date of deed recorded September 29, 1971, Auditor's File
No. 263811, records of Mason County, Washington; thence Easterly, along said Southerly bank,
to intersect a line drawn from a point opposite Highway Engineer's Station L 763+45.58 P.O.T.
on the L Line survey of State Highway Route No. 101, Cole Road Interchange to North Shelton
Interchange, and 200 feet Westerly therefrom, Southerly, to a point opposite Highway Engineer's
Station CL 2/2+50 on the CL 2 Ramp survey of said Highway, and 100 feet Westerly therefrom;
thence Northerly, along said line, to the Southerly line of a tract of land conveyed to Simpson
Logging Company in Quit Claim Deed dated March 2, 1949, recorded March 4, 1949, Auditor's
File No. 128499, records of Mason County, Washington; thence Westerly, along said Southerly
line, to the Westerly line of said Southwest quarter(SW 1/4) of the Northeast quarter(NE 1/4);
thence Southerly, along said Westerly line, to the POINT OF BEGINNING;
EXCEPTING therefrom, all that portion thereof, if any,which lies Southerly of the Southerly
bank of Goldsborough Creek, as defined on Sheet 9 of that certain plan entitled SR 101, Cole
Road Interchange to North Shelton Interchange, on file in the office of the Secretary of
Transportation at Olympia, Washington, and bearing date of approval May 14, 1970.
The lands herein described contain an area of 2,878 square feet, more or less, the specific details
concerning all of which are to be found on sheet 4 of that certain plan entitled SR 101, Matlock
Interchange Vicinity, now of record and on file in the office of the Secretary of Transportation at
Olympia, and bearing date of approval May 22, 2019.
Grantor's Initials
RES-325 Page 5 of 5 Pages Parcel No.3-10876
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: September 17, 2019 Agenda Item #
BRIEFING DATE: September 9, 2019 and April 29, 2019
BRIEFING PRESENTED BY: Loretta Swanson
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
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.
The vacation area was dedicated in 1889 and has apparently not been opened by the
County, therefore pursuant to RCW 36.87.090 the alley is already vacated by operation of
law. Public Works is recommending the Commission formally vacate the alley.
RECOMMENDED
Recommend that the Board consider the Hearings Examiner recommendation and approve
Road Vacation No. 397, vacating a portion of an un-named alley in the Plat of Allyn in Mason
County Washington.
Attachments:
Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations
Order of Vacation
I
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2
Phil Olbrechts, Hearing Examiner
3
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
Road Vacation P. 1 Findings, Conclusions and Decision
EXHIBITS
1
Exhibit: Al -A7-Petition
Exhibit: Bl-B6 - Maps and Aerials showing area to be vacated
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
5
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 Barry 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 &7. 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
owner, nor was it used as a roadway.
18
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
70 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
1 , 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 the frontage 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
22 may.
2;
(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.
13
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 authorityfor 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
17 within or without the limits of an incorporated city or town, or to any land conveyed by
deed to the state or any county, city or town for highways, roads, streets, alleys or other
13 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,
22 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
23 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 countyprior 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
I vacation, and the costs of any and all appraisals deemed necessary by[...]the Hearing
2 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
1 1 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 arty 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
21 shall be billed to the petitioner and be due and payable immediately.
6. Required Deposit Paid. The petitioners have paid a $500 cash deposit as
required by the ordinance above.
2;
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 - �
Phi A.01brechts
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
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: September 17, 2019 Agenda Item # KI
BRIEFING DATE: September 9, 2019 and June 3, 2019
BRIEFING PRESENTED BY: Loretta Swanson
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
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
The vacation area was dedicated in 1890 and has apparently not been maintained by the
County or any other known property owner nor has it been used as a roadway; therefore
pursuant to RCW 36.87.090 the area is already vacated by operation of law. Public Works is
recommending the Commission formally vacate the alley.
RECOMMENDED OR REQUESTED ACTION:
Recommend that the Board consider the Hearings Examiner recommendation and approve
Road Vacation No. 398, 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 and Ester
Cylwik.
Attachments:
Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations
Order of Vacation
1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2 Phil Olbrechts, Hearing Examiner
3 RE: Road Vacation No. 398
4 FINDINGS OF FACT, CONCLUSIONS
Request for a Road Vacation OF LAW AND RECOMMENDATION
5 i
I
6 INTRODUCTION
7
The petitioners, Mark and Esther Cylwik,have petitioned for vacation of the south half
8 of Olympic Avenue in the plat of Hoodsport as it borders their five lots. It is
recommended that the Comm ssioners 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/Proposal Description Mark & Esther Cylwik have petitioned for
4 vacation of the south half of Olympic Avenue in the Plat of Hoodsport. 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 Mark 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 or 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 a new 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 administrative fee of$500.00.
22
23 CONCLUSIONS OF LAW
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
I 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 thefrontage on any county road orportion
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
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
9 Statute. RCW 36.87;090,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 riled 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 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. Stitch
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 or portion thereof within the classifications set forth in Section 12.20.040, that
2 persons benefiting from 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;
S (2) Class B roads. One hundred percent of the appraised,fair market value.
6 5. No Compensation.Required. No compensation for the fair market value of
the road is required 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 of five hundred dollars, which shall be used to defray
examination, report, publication, investigation and other costs connected with 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, whethergranted or denied,for which the costs exceeds the deposit, the excess
12 shall be billed to the petitioner and be due 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
17 It is recommended that the Board of Commissioners approve the proposed alley
vacation, with retention of the existing utility easements.
18
DATED this 25th day of July,2019
19
20
rpt n.ait�e�t�ts
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 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. 398
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Melissa Drewry Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 589
DATE: 9/17/2019 Agenda Item # 8
Commissioner staff to c m tete
BRIEFING DATE: 9/09/19
BRIEFING PRESENTED BY: Melissa Drewry
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of an Order of Sale allowing the Mason County Treasurer to schedule
an on-line auction with Bid4Assets to sell certain tax title properties, and approval to
authorize the Chair to sign a letter of notice to the City of Shelton for parcels located
within city limits.
Background: This is the second year an online tax title only auction will be held. In
2018, we listed 44 parcels and were able to sell 29 parcels at the auction which paid
back taxes, penalties, and utilities in the amount of $93,040.
In 2019, a total of 50 parcels will be listed for auction. Of those that do not sell, we
will list with Richard Beckman for private negotiation.
Budget Impacts: If all parcels sold in the auction at their minimum amount,
$331,000 would go towards delinquent taxes, penalties and any other fees owed for
the parcel.
RECOMMENDED ACTION: Approval of an Order of Sale allowing the Mason County
Treasurer to schedule an on-line auction with Bid4Assets to sell certain tax title
properties, and approval to authorize the Chair to sign a letter of notice to the City of
Shelton for parcels located within city limits.
Attachment(s):
Order
Letter
ORDER OF SALE
STATE OF WASHINGTON
}
COUNTY OF MASON
WHEREAS, the real property; described below, was heretofore, acquired by Mason County for
delinquent taxes under foreclosure suit, and a deed for said real property was duly and regularly
executed by the Mason County Treasurer in accordance with the laws of the State of
Washington; and
WHEREAS, the Board of County Commissioners of Mason County deem it to be in the best
interest of said County to sell the said real property hereinbefore described.
NOW, THEREFORE, IT IS HEREBY ORDERED by the Mason County Board of
Commissioners, State of Washington, that the County Treasurer be and is hereby directed to sell,
in conformity with the requirements of the laws of the State of Washington, the following
described parcels of real property at not less than the minimum prices specified after each
respective parcel.
Minimum : d
(includesfee to list. Assessed
Parcel Number Legal Description
fee,affi-111vitfee,'Ind Value
12207-75-90091 TR 9A OF SUR 5/94-96 LOT: 2 OF SP $2662.00 $28,175
1587
12220-50-46001 ALLYN BLK: 46 LOT: 1 $410.75 $12,975
12316-23-90100 TR 10 SW NW LOT: 2 OF SP#182 $3654.97 $44,225
AF#307626
12331-50-00009 BEARDS COVE DN 2 TR 9 $2179.95 $27,795
22016-50-04010 FRANJO BEACH BLK: 4 LOT: 10 $1325.09 $15,440
EX W 50'OF E 120'
22206-50-00037 TAHUYA RIVER VALLEY DIV#1 $1399.11 $5,965
TR 37
22206-53-00026 TAHUYA RIVER VALLEY DIV#3 $1660.74 $12,850
TR 26
22206-53-00040 TAHUYA RIVER VALLEY DIV#3 $617.62 $3,965
TR 40
22212-50-05019 LAKEWOOD PLAT A BLK:5 LOTS $1495.23 $9,450
19-20
22219-50-00902 NF R/W ARD ADD#I LOT: 13 SLY $5048.20 $67,115
22219-50-00903 NAVY YARD ADD#I LOT: 14 SLY $5741.43 $72,795
OF R/W S 21/147
22219-50-00904 NAVY YARD ADD#1 LOT: 15 SLY $4820.95 $67,025
OF R/W S 21/147
22219-50-00905 NAVY YARD ADD#I LOT: 16 SLY $5048.20 $67,005
OF R/W S 21/147
22219-50-00906 NAVY YARD ADD#I LOT: 17 SLY $4949.40 $66,985
OF R/W S 21/147
22219-50-00907 NAVY YARD ADD#1 LOT: 18 SLY $4919.40 $66,965
OF RNV S 21/147
32016-50-00018 ANGLE TRACTS LOT: 18 N 1/2 $1769.63 $14,225
32016-50-00901 ANGLE TRACTS TR 18 S1/2 $1769.63 $14,225
32021-53-03013 SHORECREST ADD REPLAT BLK: $3938.31 $8,750
3 LOT: 13
32021-55-02011 SHORECREST TERRACE 2ND ADD $3823.11 $8,750
BLK: 2 LOT: 11
32021-56-02030 SHORECREST TERRACE 3RD ADD $3360.31 $8,750
BLK: 2 LOT: 30
32021-59-03008 SHORECREST BEACH ESTATES#2 $3403.36 $8,750
BLK: 3 LOT: 8 S 41/41
32032-43-00000 SW SE EX $36,628.91 $176,620
32122-50-00027 LAKE LIMERICK 3 LOT: 27 $3885.81 $19,975
32127-53-00197 LAKE LIMERICK 4 TRACT 197 $2011.29 $6,690
42205-51-01087 LAKE CUSHMAN#18 BLK: 1 LOT: $2562.01 $27,915
42205-51-02020 LOAKE CUSHMAN#18 BLK: 2 LOT: $2705.72 $29,050
51908-50-00051 STAR LAKE#1 LOT: 51 $1290.88 $9,000
51917-56-00005 LAKE ARROWHEAD#7 TRACT 5 $1913.82 $5,900
5202441-00030 N1/2 N1/2 S1/2 NE SE SEE SURVEY $1343.18 $52,320
1/233
32205-75-90010 LOT: A OF SP#2006 SURVEY 15/75 $20,725.40 $25,725
52024-41-00000 NE SE EX SEE SURVEY 1/233 $2041.71 $58,840
22002-75-00170 TR 17 OF SURVEY 1/91 $3576.34 $45,385
61902-50-00003 RIPPLEWOOD TRACTS TR 3 $1937.32 $15,940
32021-58-04027 SHORECREST BEACH ESTATES, $2330.95 $8,750
Lot 27,Block 4
32225-52-00900 PATRICIA BEACH#2 TR 4 A $2876.84 $5,425
AMENDED&CORRECTED PLAT
32017-51-01024 OF SHELTON BLK: 1 LOT: 24 EX $1204.45 $750
R/W
AMENDED&CORRECTED PLAT
32017-51-01025 OF SHELTON BLK: 1 LOT: 25 EX $1204.45 $750
R/W
AMENDED&CORRECTED PLAT
32017-51-31001 OF SHELTON BLK: 31 LOT: 1 EX $1297.73 $1,800
R/W
AMENDED&CORRECTED PLAT
32017-51-31002 OF SHELTON BLK: 31 LOT: 2 EX $1297.73 $1,800
R/W
AMENDED&CORRECTED PLAT
32017-51-31003 OF SHELTON BLK: 31 LOT: 3 EX $1297.73 $1,800
R/W
AMENDED&CORRECTED PLAT
32017-51-31004 OF SHELTON BLK: 31 LOT: 4 EX $1298.73 $1,800
R/W
32018-52-01902 REED'S ADDITION TO SHELTON $1354.56 $375
BLK: 1 LOT: 9 S 125'EX E 45'OF
32019-41-00261 TR 26-A OF NE SE $13,691.73 $33,750
32019-41-00320 TR 32 OF NE SE $3052.42 $24,375
32019-56-24005 NEEDHAM&DAYS N 1/2 BLK D $320.54 $7,500
32019-56-24008 NEEDHAM&DAYS BLK E LOTS 1- $8743.49 $91,125
BAYVIEW HOME TRACTS
32020-54-03902 REPLAT BLK: 3 LOT: 9B LOT: 2 OF $2605.88 $9,580
CITY SP#99-76
32030-51-07019 BEVERLY HEIGHTS BLK: 7 LOT: $4881.43 $37,500
19 &ALLEY ADJ
32030-51-07010 BEVERLY HEIGHTS BLK: 7 LOTS: $75,000 $75,000
10-13 &ALLEY ADJ
32030-51-10001 BEVERLY HEIGHTS BLK: 10 LOTS: $75,000 $75,000
1-2 & LOTS: 8-9
THIS ACTION WAS ENTERED upon Commissioners' records and dated at Shelton,
Washington, on the 17th day of September, 2019.
ATTEST:
Melissa Drewry, Clerk of the Board Kevin Shutty, Chair
A B C D E F G H
Other
1Parcel No. • Recording
TR 9A OF SUR 5/94-96 LOT: 2 OF
2 12207-75-90091 SP 1587 $2,412.50 $10.00 $125.00 $104.50 $10.00 $2,662.00
3 12220-50-46001 ALLYN BLK: 46 LOT: 1 $161.25 $10.00 $125.00 $104.50 $10.00 $410.75
TR 10 SW NW LOT: 2 OF SP #182
4 12316-23-90100 AF#307626 $3,405.47 $10.00 $125.00 $104.50 $10.00 $3,654.97
5 12331-50-00009 BEARDS COVE DIV 2 TR 9 $1,930.45 $10.00 $125.00 $104.50 $10.00 $2,179.95
FRANIO BEACH BLK: 4 LOT: 10
6 22016-50-04010 EX W 50' OF E 120' $1,075.59 $10.00 $125.00 $104.50 $10.00 $1,325.09
7 22206-50-00037 TAHUYA RIVER VALLEY DIV#1 TR 37 $1,149.61 $10.00 $125.00 $104.50 $10.00 $1,399.11
TAHUYA RIVER VALLEY DIV #3 TR
8 22206-53-00026 26 $1,411.24 $10.00 $125.00 $104.50 $10.00 $1,660.74
TAHUYA RIVER VALLEY DIV #3 TR
9 22206-53-00040 40 $368.12 $10.00 $125.00 $104.50 $10.00 $617.62
LAKEWOOD PLATA BLK:5 LOTS
10 22212-50-05019 19-20 $1,245.73 $10.00 $125.00 $104.50 $10.00 $1,495.23
NAVY YARD ADD #1 LOT: 13 SLY
11 22219-50-00902 OF R/W $4,798.70 $10.00 $125.00 $104.50 $10.00 $5,048.20
NAVY YARD ADD #1 LOT: 14 SLY
12 22219-50-00903 OF R/W S 21/147 $5,491.93 $10.00 $125.00 $104.50 $10.00 $5,741.43
NAVY YARD ADD #1 LOT: 15 SLY
13 22219-50-00904 OF R/W S 21/147 $4,571.45 $10.00 $125.00 $104.50 $10.00 $4,820.95
NAVY YARD ADD #1 LOT: 16 SLY
14 22219-50-00905 OF R/W S 21/147 $4,798.70 $10.00 $125.00 $104.50 $10.00 $5,048.20
NAVY YARD ADD #1 LOT: 17 SLY
15 22219-50-00906 OF R/W S 21/147 $4,699.90 $10.00 $125.00 $104.50 $10.00 $4,949.40
NAVY YARD ADD #1 LOT: 18 SLY
16 22219-50-00907 OF R/W S 21/147 $4,699.90 $10.00 $125.00 $104.50 $10.00 $4,919.40
17 32016-50-00018 ANGLE TRACTS LOT: 18 N 1/2 $1,520.13 $10.00 $125.00 $104.50 $10.00 $1,769.63
18 32016-50-00901 ANGLE TRACTS TR 18 S1/2 $1,520.13 $10.00 $125.00 $104.50 $10.00 $1,769.63
SHORECREST ADD REPLAT BLK: 3
19 32021-53-03013 LOT: 13 $1,595.28 $10.00+2093.53 $125.00 $104.50 $10.00 $3,938.31
SHORECREST TERRACE 2ND ADD
20 32021-55-02011 BLK: 2 LOT: 11 $1,577.12 $10.00+1996.49 $125.00 $104.50 $10.00 $3,823.11
SHORECREST TERRACE 3RD ADD
21 32021-56-02030 BLK: 2 LOT: 30 $1,915.54 $10.00+1195.27 $125.00 $104.50 $10.00 $3,360.31
SHORECREST BEACH ESTATES #2
22 32021-59-03008 BLK: 3 LOT: 8 S 41/41 $1,842.86 $10.00+1311.00 $125.00 $104.50 $10.00 $3,403.36
23 32032-43-00000 SW SE EX $36,379.41 $10.00 $125.00 $104.50 $10.00 $36,628.91
24 32122-50-00027 LAKE LIMERICK 3 LOT: 27 $3,636.31 $10.00 $125.00 $104.50 $10.00 $3,885.81
25 32127-53-00197 LAKE LIMERICK 4 TRACT 197 $1,761.79 $10.00 $125.00 $104.50 $10.00 $2,011.29
LAKE CUSHMAN #18 BLK: 1 LOT:
26 42205-51-01087 87 $2,312.51 $10.00 $125.00 $104.50 $10.00 $2,562.01
LAKE CUSHMAN #18 BLK: 2 LOT:
27 42205-51-02020 20 $2,456.22 $10.00 $125.00 $104.50 $10.00 $2,705.72
28 51908-50-00051 1 STAR LAKE #1 LOT: 51 $1,040.38 $10.001 $125.00 $104.50 $10.00 $1,290.88
A B C D E F G H
Other Fees(Utilities
1Parcel No. Description Recording
29 51917-56-00005 LAKE ARROWHEAD #7 TRACT 5 $1,664.32 $10.00 $125.00 $104.50 $10.00 $1,913.82
N1/2 N1/2 S1/2 NE SE SEE
30 52024-41-00030 SURVEY 1/233 $1,093.68 $10.00 $125.00 $104.50 $10.00 $1,343.18
Int/Pen
$238.24
Costs
$783.00
MCHD Lien
$18,752.00
Journal
$10.00
LOT: A OF SP #2006 SURVEY Total
31 32205-75-90010 15/75 $702.66 $20,485.90 $125.00 $104.50 $10.00 $20,725.40
32 52024-41-00000 NE SE EX SEE SURVEY 1/233 $1,792.21 $10.00 $125.00 $104.50 $10.00 $2,041.71
33 22002-75-00170 TR 17 OF SURVEY 1/91 $3,326.84 $10.00 $125.00 $104.50 $10.00 $3,576.34
34 61902-50-00003 RIPPLEWOOD TRACTS TR 3 $1,687.82 $10.00 $125.00 $104.50 $10.00 $1,937.32
SHORECREST BEACH ESTATES ,
35 32021-58-04027 Lot 27, Block 4 $2,081.45 $10.00 $125.00 $104.50 $10.00 $2,330.95
36 32225-52-00900 PATRICIA BEACH #2 TR 4 A $2,627.34 $10.00 $125.00 $104.50 $10.00 $2,876.84
37 Parcels located within the City of Shelton
AMENDED &CORRECTED PLAT OF
38 32017-51-01024 SHELTON BLK: 1 LOT: 24 EX R/W $954.95 $10.00 $125.00 $104.50 $10.00 $1,204.45
AMENDED &CORRECTED PLAT OF
39 32017-51-01025 SHELTON BLK: 1 LOT: 25 EX R/W $954.95 $10.00 $125.00 $104.50 $10.00 $1,204.45
AMENDED &CORRECTED PLAT OF
40 32017-51-31001 SHELTON BLK: 31 LOT: 1 EX R/W $1,048.23 $10.00 $125.00 $104.50 $10.00 $1,297.73
AMENDED &CORRECTED PLAT OF
41 32017-51-31002 SHELTON BLK: 31 LOT: 2 EX R/W $1,048.23 $10.00 $125.00 $104.50 $10.00 $1,297.73
AMENDED &CORRECTED PLAT OF
42 32017-51-31003 SHELTON BLK: 31 LOT: 3 EX R/W $1,048.23 $10.00 $125.00 $104.50 $10.00 $1,297.73
AMENDED &CORRECTED PLAT OF
43 32017-51-31004 SHELTON BLK: 31 LOT: 4 EX R/W $1,049.23 $10.00 $125.00 $104.50 $10.00 $1,298.73
REED'S ADDITION TO SHELTON
44 32018-52-01902 BLK: 1 LOT: 9 S 125' EX E 45' OF $1,105.061 $10.00 $125.00 $104.50 $10.00 $1,354.56
45 32019-41-00261 TR 26-A OF NE SE $13,442.231 sio.00l $125.00 $104.50 $10.00 $13,691.73
46 32019-41-00320 TR 32 OF NE SE $2,802.921 $10.001 $125.00 1 $104.50 1 $10.00 1 $3,052.42
A B C D E F G H
Other Fees(Utilities
1Parcel No. Description • Affidavit
47 32019-56-24005 NEEDHAM &DAYS N 1/2 BLK D $71.04 $10.00 $125.00 $104.50 $10.00 $320.54
NEEDHAM &DAYS BLK E LOTS 1-
48 32019-56-24008 4 $8,493.99 $10.00 $125.00 $104.50 $10.00 $8,743.49
BAYVIEW HOME TRACTS REPLAT
BLK: 3 LOT: 9B LOT: 2 OF CITY
49 32020-54-03902 SP #99-76 $2,356.38 $10.00 $125.00 $104.50 $10.00 $2,605.88
BEVERLY HEIGHTS BLK: 7 LOT:
50 32030-51-07019 19 &ALLEY ADJ $4,631.93 $10.00 $125.00 $104.50 $10.00 $4,881.43
BEVERLY HEIGHTS BLK: 7 LOTS:
51 32030-51-07010 10-13 &ALLEY ADJ $10.00 $125.00 $104.50 $10.00 $75,000.00
BEVERLY HEIGHTS BLK: 10 LOTS:
52 32030-51-10001 1-2 &LOTS: 8-9 $10.00 $125.00 $104.50 $10.00 $75,000.00
Mason County Support Services Department
+' Property Management
411 North 5" Street
Shelton, WA 98584
360.427.9670 ext 530
/n{l
September 17,2019
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 Mason County has acquired the following list
of properties as tax foreclosures:
Cost to purchase
Parcel Number Parcel Description (The total includes taxes and
recording fee of$104.50)
32017-51-01024 AMENDED&CORRECTED PLAT OF $954.95+104.50=$1059.45
SHELTON BLK: 1 LOT:24 EX R/W
32017-51-01025 AMENDED&CORRECTED PLAT OF $954.95+104.50=$1059.45
SHELTON BLK: 1 LOT:25 EX R/W
32017-51-31001 AMENDED&CORRECTED PLAT OF $1,048.23+104.50=$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
32017-51-31004 AMENDED&CORRECTED PLAT OF $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
3201941-00261 TR 26-A OF NE SE $13,442.23+104.50=$13,546.73
3201941-00320 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
32030-51-07010 BEVERLY HEIGHTS BLK: 7 LOTS: 10- $75,000
13&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 chapter 43.185A RCW. The city must be
reimbursed by the housing authority or other nonprofit entity for the amount the city paid to purchase the
property together with any direct costs incurred by the city in the transfer to the housing authority or other
nonprofit entity.
If the City wishes to purchase the property, please notify Melissa Drewry at mdrehU@co.mason.wa.us as soon as
possible,but no later than Friday, October 18,2019.After this date,the above parcels will be included in the 2019
Mason County Tax Title Auction.
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.
Kevin Shutty
Chair,Mason County Commissioners
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Beierle Action Agenda
Public Hearing
Other
DEPARTMENT: Support Services EXT: S32
DATE: September 17, 2019 Agenda Item # /
Commissioner staff to complete)
BRIEFING DATE: August 12 &August 19, 2019
BRIEFING PRESENTED BY: Jennifer Beierle
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
Item:
Hold a Public Hearing on September 17, 2019 at 9:15 a.m. to consider approval of budget
supplemental appropriations and amendments to the 2019 budget.
Background:
Requests for 2019 budget supplemental appropriations and amendments.
Budget Impacts:
$337,964 Decrease to Current Expense, Fund 001, Ending Fund Balance
$50,000 Decrease to Sales &Use Tax, Fund 103, Ending Fund Balance
Total Budget Supplemental Appropriation Requests:
General Fund $13,147
Community Services Health Fund $44,993
Total Budget Amendment Requests:
General Fund $337,964
Sales& Use Tax Fund $50,000
J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\Budget Hearings\2019\9.17.19 Budget
Hearing\Budget PH for 2019 Hearing 9.17.19.doc
RESOLUTION NO.
2019 BUDGET
BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENT REQUESTS-NOTICE OF HEARING
WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget
for the year 2019, it is necessary to make provisions for supplemental appropriations and amendments to the budget
as required by RCW 36.40.100,and RCW 36.40.195;and
WHEREAS, the revenue and expenditure adjustments to County funds, as listed in Attachment A to this
Resolution, are required in order to incorporate into the budget the revenues and expenditures now identified,which
were not known at the time of original budget adoption;and
WHEREAS,the net total of adjustments to 2019 authorized expenditure appropriations in the General Fund is
an increase of$351,111;and
WHEREAS, the net total of adjustments to 2019 authorized expenditure appropriations in funds other than
the General Fund is an increase of$94,993;and
THEREFORE,BE IT RESOLVED BY THE Board of Mason County Commissioners:
That the 17th day of September,2019 at the hour of 9:15 a.m., in the Mason County Commissioners Chambers in
Courthouse Building I,411 North Fifth Street,Shelton,Washington, is hereby fixed as the time and place for a
public hearing upon the matter of Budget Amendment Requests to the 2019 Budget as provided in Attachment A
& B to this Resolution.
Contact person:Jennifer Beierle, Budget Manager, (360)427-9670 ext. 532
A copy of this resolution and the proposed amendments to the 2019 budget is available by contacting
Kelly Bergh at(360)427-9670 ext.644.
The Clerk of the Board is hereby authorized,empowered,and directed to cause notice of such hearing to be published
as provided by law.
DATED this 27t1 of August, 2019
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,W.4,HINGTON
Mefiss ewry, ler l f the
Board Kevin Shu ,Ch
APPROVED AS TO FORM:
Ran Neatherlin, mmissioner
Tim White`tse4_Chief DPA
CC: Auditor—Financial ServicesSharon Trask,Commissioner
Publish 2x 9/5&9/12 bill to
Commissioners,
411 North 5th Street,Shelton
ATTACHMENT A TO RESOLUTION NO. _ 2019 BUDGET AMENDMENT#3 DETAIL
2019 2019
FUND REVENUE EXPENDITURE
LINE NO. FUND NAME DEPARTMENT CHANGE CHANGE DESCRIPTION
Noxious Weed Program received new WSDA
1 001 GENERAL FUND WSU EXTENSION 8,000 _8,000 Knotweed
2 001 !GENERAL FUND SHERIFF 1,347 1,347 Off Duty Patrol Contract Reimbursements
Increased no.of participants that pay the
3 001 GENERAL FUND THERAPEUTIC COURT i 3,800 3,800 courts
4 001 GENERAL FUND LEOFF 34,400 Increased medical costs in 2019
Start-up fees for add on modules to increase
efficiences in delivering and serving law
5 001 GENERAL FUND PROSECUTOR 12,000 enforcement with subpoenas
EMERGENCY Separation of manager position for Facilities,
6 001 GENERAL FUND MANAGEMENT 12,000 Parks&Trails, DEM&IT in the 2019 budget
Separation of manager position for Facilities,
7 001 GENERAL FUND PARKS&TRAILS 12,000 Parks&Trails, DEM&IT in the 2019 budget
Increase accrued leave payment budget due to
8 001 GENERAL FUND NON DEPARTMENTAL 240,000 higher than budgeted payments in 2019
i UTA funds received in 2018 but expended in
9 001 GENERAL FUND THERAPEUTIC COURT 12,564 2019
10 001 GENERAL FUND TREASURER 15,000 Replace tax&assessment servers
Error correction from 2nd quarter budget
amendment due to transposition.Process has
11 103 SALES&USE TAX __50,000 since been updated to prevent errors
COMMUNITY Authorized additional funding from Housing
12 150 ;SERVICES HEALTH FAMILY HEALTH 44,993 44,993 Authority revenue
GENERAL FUND TOTAL 13,147 351,111
OTHER FUNDS TOTAL 44,993 94,993
ALL FUNDS JGRANDTOTAL 58,140 446,104
vC11�`
ATTACHMENT B TO RESOLUTION NO. 2019 BUDGET AMENDMENT#3 DETAILED BUDGET ENTRIES
Proposed
EFB Budgeted
Account Type I/D Revenue Expenditure Change EPB Total Description
001.000000,010.003.334.02.312267.0000.00 2 I 81000Wa St Dept of AG-Knotweed Increase
----—-------
001.000000.010.003.553.60.510060.0000.00 2 1 1 3,834:: Va St Dept of AG-Knotweed Increase
- - -------------- ---------------------
001.000000.010.003.553-60-510600.0000.00 2 1 2,480 Wa St Dept of AG-Knotweed Increase
001-000000.010.003.553.60.520010.0000.00 2 14831 Wa St Dept of AG-Knotweed Increase
... .........
001.000000.010.003.553.60.520020.0000.00 2 1 1 370i of AG-Knotweed Increase
001.000000.010.003.553.60.520030.0000.00 2 8331 Va St Dept of AG-Knotweed Increase
—---—------------
Off Duty Patrol-Treasure Island
----- --—-------------------------------------- —-------
001.000000.205.267.342.20.300300.0000.00 2 I_ 11347: ---------------------------
i -Treasure Island
001.000000.205.267.521.22.512000.0000.00 2 1 1,3471 0 DutyI -----------
Patro
-----------------
- ----------------------------------------
nt�
5_6._1_0_0_.3__4__2_._3_3.3__2---3-66 01 6_0 0-01_00- 2 1 Increased payin CL_ participants
V19R.:-------------------- .1ve-ur!�� p
001.000000.256.100.512.22.531030.0000.00 2_j 1 3,801): ;Increased paying court partiplpar��.
----------
001.000000.320.000,508.80.500000.0600—.06 'D----------
L 337,964:: 5,185,957 Decrease to CE EFS
001.000000.058.271.517.20.520040.0000.00 1 1 34,400! !Increased LEOFF Medical Costs
001.000000.180.000.515.30.541040.0000.00 1 1 12,000'! liiiit up fees for add on module
---- --------------------------
001.000000.050.000,525.10.510010.0000.00 1 112,000 Manager position separation
-------____----------------
001.000000.246.000.576.80.510780.0000.00 1 1 12,000 !Managerposition sepa _ion _
001.000000.300.200.518.10.510010,0066.00— --i- 1 240,000: increased Accrued Leave Payments
------
------------
001.000000.256.200.566.51.541010.0000.00 I 1 12,564, increased CITA Fund Expenses
w--------------
.000000.260.000.514.22.535098.0000.
00100 1 Row! Replace tax&assess'ment servers
........ . ......... r ---------
--------------------
103.000000.000.000.508.10.500000.0000.00 1 D ----------------- --------- 50,000- 1_ 377,233 City of Shelton Sewer Payment
103.000000.000.000.535.00.541512.0000.00 . .. ....50,000 q1V of Shelton Sewer Payment
-—-----------------------
150.000000.200.000.3•_ -_ 34.06.39229_•__---__— 3.000-0.0--- -O— .— —-2 IL _44 3� Additional Housing Authority Revenue
150.000000.200,000.562.20,510126.0000.00 2 1
15,g4c-—--- ------ Additional Housing Authority Expense
150.000000.200.000.562.20.510127.0000.00 2 121,794:: !Additional Housing.Authority_Expense.___
150.000000.200.000.562.20.520020.0000.00 2 1 v 2,857. 'Additional Housing Authority Expense
150.000000.200.000.562.20.520030.0000.00 2 4,802 Additional Housing Authority Expense
,General Fund Total: 13,147 351,111 337,964
Other Funds Total: 44,993 94,993 50,000
All Funds Grand Total- 58,140 446,104 387,964
Page 1 of 1
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: September 17, 2019 Agenda Item # /0.,2_�-
Commissioner staff to complete)
BRIEFING DATE: September 9, 2019
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Public hearing to hear objections to the roll of rates and charges for Spencer
Lake Lake Management District (LMD) #3.
Background:
A petition was received by the County with 35% of property owners signing in favor of
creating the LMD for a 10-year period. There are a total of 185 parcels in the LMD.
The formula of rates and charges for the 2020 LMD assessment is 23 cents per
thousand valuation.
Ballots were mailed to all landowners in the LMD boundary and were due by July 17,
2019. There were 185 parcel ballots mailed and 112 were returned by the due date.
The majority are in the affirmative to form a 10 year LMD for Spencer Lake for 2020-
2030.
An ordinance officially creating the LMD was adopted on August 13.
Notice of the hearing to consider objections was mailed to all landowners with
instructions on how to file an objection. Objections must be in writing and were due by
September 6, 2019. Two objections were filed.
Pursuant to RCW 36.61.120 - At the public hearing, the county legislative authority
shall act as a board of equalization and hear objections to the special assessment roll.
The county legislative authority may correct, revise, raise, lower, change, or modify
the special assessment roll or any part thereof, or set the proposed special assessment
roll aside and order a new proposed special assessment roll to be prepared. The
county legislative authority shall confirm and approve a special assessment roll by
adoption of a resolution.
If a proposed special assessment roll is amended to raise any special assessment
appearing thereon or to include omitted property, a new public hearing shall be held.
The new public hearing shall be limited to considering the increased special
assessments or omitted property. Notices shall be sent to the owners or reputed
owners of the affected property in the same manner and form and within the time
provided for the original notice.
Objections to a proposed special assessment roll must be made in writing, shall clearly
state the grounds for objections, and shall be filed with the governing body prior to
the public hearing. Objections to a special assessment or annual special assessments
that are not made as provided in this section shall be deemed waived and shall not be
considered by the governing body or a court on appeal.
Budget Impacts: The hard costs for the process will be paid by the Spencer Lake
Steering Committee. Staff time is not reimbursed.
RECOMMENDED ACTION: Approve the following three resolutions for Lake
Management District #3 for Spence Lake: 1) confirming and approving the roll of
rates & charges; 2) prescribing interest and penalties and 3) creation of Fund #195.
Attachment(s): Three resolutions
Objections Filed for 9/17/19 Hearing Exhibit
Spencer Lake LMD #3 2020-2030 Term
Name Parcel Number Reason for objectionDate Receive'
1 Richard Buchholz 22132-11-90280 States the original proposal was to collect $50K 8/29/2019
2 Stacey Schultz 22132-11-00082 Low income 9/4/2019
INSTRUCTIONS AND SUGGESTED FORMAT FOR OBJECTIONS TOe�
MANAGEMENT DISTRICT NO. 3 FOR SPENCER LAKE PROPOSED Wl
OF RATES AND CHARGES
1. Date and time of hearing: The County Commissioners will consider
each objection beginning at 9:15 a.m. on Tuesday, September 17,
2019 at Mason County Building 1, Commission Chambers, 411 North
Fifth Street, Shelton, WA 98584.
2. Reasons for objections: You must state in writing your specific
reasons for objecting to the roll of rates and charges.
3. Deadlines for filing: Objections must be filed prior to the public
hearing. Please file your objections by Friday, September 6, 2019, to
allow time for preparing staff analysis.
Address for filing objections: Mason County Commissioners
411 North Fifth Street.
Shelton, WA 98584
SUGGESTE
D FORMAT (Please use additional sheets if necessary)
NAME: i C I� A S A r 6 t t.C-It L (
ADDRESS: r® 6-eecht-JOM &
Phone: (daytime) 0 -12-7 a-4 17
E-mail C-r—i C—6:- /" 6 `` 40t, Cold
Parcel Number (from legal notice) 22-132 11r ?O Z FD
Reasons for objecting to the roposed roll of rates and charges:
-� e .
00 6
ursd a,11nZ A a eu �
Any oth r information you wis to add:
il",
UO/
!`e
ze
Please see other side of page
Instructions
Page 2
On the basis of the foregoing facts, it is my opinion that the roll of rates
and charges for Lake Management District No. 3 for Spencer Lake
should be changed as follows:
11 F
�� G017e-c,7'e-,l r`kxj ,'r S -c 1
! 000
c► t z a Crr
Date rt_T U l
Signature of Property Owner
INSTRUCTIONS AND SUGGESTED FORMAT FOR OBJECTIONS TO LAKE
MANAGEMENT DISTRICT NO. 3 FOR SPENCER LAKE PROPOSED ROLL
OF RATES AND CHARGES
1. Date and time of hearing: The County Commissioners will consider
each objection beginning at 9:15 a.m. on Tuesday, September 17,
2019 at Mason County Building I, Commission Chambers, 411 North
Fifth Street, Shelton, WA 98584.
2. Reasons for objections: You must state in writing your specific
reasons for objecting to the roll of rates and charges.
3. Deadlines for filing: Objections must be filed prior to the public
hearing. Please file your objections by Friday, September 6, 2019, to
allow time for preparing staff analysis.
Address for filing objections: Mason County Commissioners
411 North Fifth Street.
Shelton, WA 98584
C r'`oz'� � SUGGESTED FORMAT Please use additional sheets if necessary)
�o�`��+ ( ry)
ci�'�'
C. NAME:
ADDRESS: �19f� �i ,�. t4'VLZ/I
Phone: (daytime)
E-mail �� � �,t,e � � -0 C�►-✓�
Parcel Number (from legal notice) "L
Reasons for objecting to the proposed roll of rates ani c arges-
e;,,C �.� 1'.5 c.�,7}" leve ' ►d�,`tas.P
A other infcfrr>`i"atio you is to' �
� s T a c)
q n r.
w� c r cfc l`i va
ofpa-di-
Please
see other side of page
Instructions
Page 2
On the basis of the foregoing facts, it is my opinion that the roll of rates
and charges for Lake Management District No. 3 for Spencer Lake
should be changed as follows:
b.
Date
Signature of Property Owner
RESOLUTION NO.
A RESOLUTION confirming and approving the roll of rates and charges for Mason County Lake Management
District No. 3 (LMD #3 Spencer Lake pursuant to RCW 36.61.120)
WHEREAS, Mason County Lake Management District #3 for Spencer Lake, was established on August 13,
2019, by adoption of Ordinance No.75-19; and
WHEREAS, the notice and hearing requirements for establishing the roll of rates and charges for the Lake
Management District pursuant to RCW 36.61.120 and RCW 36.61.140 have been satisfied; and
WHEREAS, a public hearing was held on September 17, 2019 to hear objections to the roll of rates and
charges;
NOW, THEREFORE, the Mason County Board of Commissioners does resolve as follows:
The Board of Mason County Commissioners makes the following findings and determinations:
1. Two timely filed objections to the proposed final roll of rates and charges were received. A list of objections
received is attached as Exhibit A.
2. LMD #3 will perform the following activities:
a. Manage noxious aquatic plants in Spencer Lake to meet recreational and aesthetic needs.
b. Employ proven techniques based on environmental safety.
c. Conduct inspections to determine areas of invasive species infestation and effectiveness of
treatments.
d. Investigate and promote the best management practices for treatment of noxious weeds.
e. Monitor for occurrence of as well as emergence of other lake plants that have been identified by the
State of Washington as noxious.
f. Maintain a volunteer advisory committee of lakefront owner representative to direct the efforts and
funds of the LMD.
3. LMD #3 will protect Spencer Lake's beneficial uses and water quality and is in the public interest based on
the following:
a. The duration of the LMD #3 shall be ten (10) years, commencing in 2020.
b. The Integrated Aquatic Vegetation Management Plan for Spencer Lake takes appropriate measures to
protect and enhance fish and wildlife.
c. The financing of Lake Management activities is feasible and the level of funding is
sufficient to conduct the contemplated activities.
d. The proposed annual rates and charges set forth on the attached roll bear a reasonable relationship to
the benefits to property within LMD #3 for protecting for the lake's water quality, recreational and
aesthetic values.
NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners that the roll and charges for
Mason County Lake Management District #3 for Spencer Lake shall be confirmed and approved as follows:
1. Based on the findings in this Resolution and Resolution No. 37-19 (Resolution of Intention), the cost of lake
management activities and maximum total annual charges to property as stipulated in Ordinance No. 75-19
(Ordinance creating the Lake Management District) and Resolution No.55-19, the Board establishes the total
estimated amount to be collected over ten years is $176,043.00.
2. Proposed annual rates and charges to property within Lake Management District #3 are as follows:
• The estimated amount in 2020 is $13,996, commencing in 2020 and continuing through 2030, and
will include a maximum 5% annual increase for inflation.
3. Method of collection (from Ordinance No. 75-19)
a. Rates and charges for LMD #3 shall be included in Mason County's annual property tax statements.
Properties which do not receive a property tax statement will receive a separate billing statement for
these rates and charges.
Resolution No.
Confirming and approving the roll of rates&charges for LMD #3.
b. The total amount of the LMD #3 annual rate and charge shall be due and payable on or before the
301h day of April of each year, commencing April 30, 2020, and shall be delinquent after that date;
however, if one-half of such rate and charge is paid on or before the said 30th of April, the remainder
shall be due and payable on or before the 31"day of October and shall be delinquent after that date.
c. If a payment is received in conjunction with a combined property tax and LMD #3 rate and charge
and the payment is less than the amount due, the payment shall be applied first to the annual
property tax of the parcel and any remaining amount to the LMD No.3 rate and charge.
3. The of rates and charges for Mason County LMD #3 for Spencer Lake, attached hereto as Exhibit B and
incorporated by reference,.is hereby approved and confirmed.
4. The funds collected from LMD #3 will be rolled into Fund No. 195-000000-000 of the Mason County
Treasurer's office.
ADOPTED: September 17, 2019
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin Shutty, Chair
Melissa J Drewry, Clerk of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Chief Deputy Prosecuting Attorney Randy Neatherlin, Commissioner
Tim Whitehead
C: LMD #3 File, Assessor,Treasurer
J:\Lake Management District\Spencer Lake 2019 Process\LMD- Resolution to Adopt Tax Roll #3.doc
RESOLUTION NO.
A RESOLUTION prescribing interest and penalties for late payments of rates and charges set
under RCW 36.61.270 for Lake Management Districts created pursuant to Chapter 36.61 RCW.
WHEREAS, The citizens surrounding Spencer Lake have petitioned and voted to form a lake
management district as proscribed by state of Washington code, and
WHEREAS, RCW 36.61.270 stipulates that the county legislative authority has full authority to
fix rates and charges imposed by a lake management district; and
WHEREAS, RCW 36.61.270 further stipulates that the method of foreclosing on liens for
delinquent rates and charges shall be subject to the provisions of Chapter 36.94 RCW; and
WHEREAS, RCW 36.94.150 stipulates that liens for rates and charges shall be foreclosed in the
same manner as foreclosure of real property tax liens;
WHEREAS, penalties and interest on delinquent rates and charges are treated in the same
manner as delinquent real property taxes and are not credited to the individual district.
NOW THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS for
Mason County as follows:
1. Delinquent rates and charges for Lake Management districts shall be treated in
the same manner as delinquent real property taxes. This includes but is not
limited to interest, penalties, additional costs for collection and foreclosure
proceedings.
ADOPTED this 17th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Melissa Drewry, Clerk of the Board Kevin Shutty, Chairperson
APPROVED AS TO FORM:
Sharon Trask, Commissioner
TimW ki t e-'F re
Chief Deputy Prosecuting Attorney
Randy Neatherlin, Commissioner
c: LIVID#3 File;Treasurer
J:\Lake Management District\Spencer Lake 2019 Process\Resolution for interest and penalties-Sept 17.doc
Resolution No.
A Resolution establishing a Fund for Mason County Lake Management District #3 for Spencer Lake
WHEREAS, RCW 36.32.120 states"...the board of county commissioners...have the care of the county
property and the management of the county funds and business..."
WHEREAS, RCW 36.61 authorizes the establishment of lake management districts and Mason County was
petitioned by property owners along Spencer Lake to form a lake management district for Spencer Lake;
WHEREAS, on August 13, 2019, the Mason County Commissioners adopted Ordinance 75-19 creating
Lake Management District #3 for Spencer Lake;
NOW, THEREFORE BE IT RESOLVED by the Mason County Commissioners to establish Fund No. 195,
Lake Management District #3 for Spencer Lake, to be used for activities of the lake management district.
This fund shall be administered by Support Services with guidance from the Lake Management District #3
Spencer Lake Citizen Volunteer Advisory Committee.
Approved this 17th day of September, 2019
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Melissa Drewry, Clerk of the Board
Kevin Shutty, Chair
APPROVED AS TO FORM:
Tim WhitehW-__.. Randy Neatherlin, Commissioner
Chief Deputy Prosecuting Attorney
Sharon Trask, Commissioner
Fund A proval:
Mas n_County Audit
Mason County Treasurer