Loading...
HomeMy WebLinkAbout2019/10/08 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers — 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 October 8, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Proclamation- National 4-H Week 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 30, 2019 Briefing Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to authorize the Chair to sign a grant contract with the Washington Department of Archeology and Historic Preservation (DAHP) in order to send three members to a national historic preservation commission conference in July, 2020. 8.2 Approval to set a hearing on Tuesday, October 22, 2019 at 6:15 p.m. to sell parcel 32127-53-00174, located on E. Mason Lake Rd., Shelton. 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8067093-8067386 $ 2,339,907.47 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for September 2019 $ 148,614.95 8.4 Approval of contract #2019-2010 SA1 between Mason County and Family Education Support Services for a total of $27,600 between October 1, 2019 and May 31, 2020 for substance abuse prevention work. 8.5 Approval to authorize the Chair to sign the Vehicle Take-Home Assignment Authorization Request form for Rod LaRue for calendar year 2019. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 10/03/19 11:06 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 October 8, 2019- PAGE 2 8.6 Approval to set two hearings for November 5, 2019 at 9:15 a.m. to consider the 2020 Annual Construction program and 6-year transportation improvement program (TIP). 8.7 Approval of a resolution to amend the Mason County Personnel Policy, Chapter 16, Cellular Telephone Policy. 8.8 Approval of a relinquishment of easement for a drainage ditch in the vicinity of Second Street, located in the City of Shelton. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time- No hearings. 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-10-08 REG.doc Clcr� MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: October 8, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in change of location for Green State Indoor Inc. 4.1.2 United States Department of Commerce sent in letter regarding proposed rule for Southern Resident killer whales. 4.1.3 Port of Shelton sent in Tax Levy for 2020. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty &Trask Clerk) 6—mal 1 <yw P Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360)664-1600 Fax—(360) 753-2710 Emailed to: JOE(&GREENSTATEINDOOR.COM ©E ''hEIVED September 26, 2019 SEP 2 6 26b Mason County GREEN STATE INDOOR INC. Commissioners 8028 185TH ST CT E PUYALLUP, WA 98375-2369 Re: GREEN STATE INDOOR INC. 160 W WESTFIELD CT STE B SHELTON, WA 98584-4604 LICENSE #429287-7B U B 1603-357-232-001-0002 Prior License No.: 416224 –7G Your application for change of location has been approved with the following privilege(s): MARIJUANA PRODUCER TIER 1 MARIJUANA PROCESSOR This license is valid through December 31, 2019. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with marijuana endorsements in 15 days, contact Business License Service/Specialty Licenses at (360) 705-6744. The conditions of your original marijuana license also apply to the license at your new location. To begin accessing Leaf Data Systems for traceability, you will need to contact Leaf Data System at 888-420-5813. For compliance questions please contact your enforcement officer at: 360-764-0112 Blake Skidmorelshg Liquor License Specialist 360-664-1780 Cc: Enforcement Office Mason County Commissioner File DECISIONS cc: CMMRS Neatherlin, Shutty&Trask Clerk -.*%I OF CO* UNITED STATES DEPARTMENT OF COMMERCE owe *-"per National Oceanic and Atmospheric Administration r.-:ra NATIONAL MARINE FISHERIES SERVICE West Coast Region "a OF 1201 NE Lloyd Boulevard,Suite 1100 o>ATES0* PORTLAND,OREGON 97232 September-26, 2019 RECEIVE® Commissioner Kevin Shutty OCT 0 12019 Chair Mason County Board of Commissioners Mason County 411 N. 5"' Street Commissioners Shelton, WA 98584 Dear Commissioner Shutty: NOAA's National Marine Fisheries Service(NMFS),recently published a proposed rule to revise the designation of critical habitat for Southern Resident killer whales(Orcinus orca)under the Endangered Species Act of 1973 (ESA). You are being notified because these whales occur in marine waters adjacent to your county,and we would like to invite comments from you on the proposed rule. The proposal would expand the whales' critical habitat designation,which is currently limited to inland waters of Washington,to include approximately 15,627 square miles of occupied marine waters between the 6.1-meter and 200-meter depth contours off the coasts of Washington,Oregon, and California. These coastal waters contain the same essential features identified for the existing critical habitat, including: (1) water quality to support growth and development; (2)prey species of sufficient quantity, quality, and availability to support individual growth, reproduction,and development, as well as overall population growth; and(3)passage conditions to allow for migration,resting, and foraging. The proposal would exclude one area from the designation,the Navy's Quinault Range Site off the coast of Washington and a 10-km buffer around it, because we determined that the impacts to national security outweigh the benefits of designating critical habitat there,and excluding the area would not result in extinction of Southern Resident killer whales. Once critical habitat is designated through a final rule, Federal agencies would be required to comply with section 7 of the ESA to ensure that any actions they authorize(permit), fund,or carry out will not result in the destruction or adverse modification of the critical habitat. While non-Federal entities that receive Federal funds,authorizations, or permits from a Federal agency may be indirectly affected by the designation of critical habitat,the legally binding duty to avoid the destruction or adverse modification of critical habitat rests squarely on the Federal agency. For a description of the proposed critical habitat, please refer to the enclosed proposed rule and associated maps. Electronic copies of the proposed rule and supporting documents may also be found at wv<xk.re<_)1ulations.,,ov(search on: NOAA-NMFS-2014-0041)and on our West Coast Region website at ,VNwv<.westcoast.fisheries.noaa.��protected species/marine mammals/killer whale/critical habitat.html. Please provide any comments on the proposed rule and supporting reports by December 18,2019. I appreciate your attention to this important rulemaking. Since ly, arty A. Th m Regional A inistrator Enclosure _ s0 N 010 4921%%4 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules DEPARTMENT OF COMMERCE National Marine Fisheries Service,7600 and(3)passage conditions to allow for Sand Point Way NE,Building 1,Seattle, migration,resting,and foraging. National Oceanic and Atmospheric WA 98115,Attn:SRKW Critical Habitat On January 21,2014,we received a Administration Proposed Rule. petition from the Center for Biological Instructions:Comments sent by any Diversity(CBD)requesting revisions to 50 CFR Part 226 other method,to any other address or the critical habitat designation for the [Docket No.190929-0020] individual,or received after the end of Southern Resident killer whale DPS. the comment period,may not be The CBD requested we revise critical RIN 0548-BH95 considered by NMFS.All comments habitat to include"inhabited marine Endangered and Threatened Wildlife received are a part of the public record waters along the West Coast of the and Plants; Proposed Rulemaking To and will generally be posted for public United States that constitute essential Revise Critical Habitat for the Southam viewing on www.regulations.gov foraging and wintering areas," Resident Killer Whale Distinct without change.All personal identifying specifically the region between Cape Population Segment information(e.g.,name,address,etc.), Flattery,Washington and Point Reyes, confidential business information,or California extending from the coast to a AGENCY:National Marine Fisheries otherwise sensitive information distance of 76 km(47.2 mi)offshore.In Service(NMFS),National Oceanic and submitted voluntarily by the sender will addition,the CBD requested we adopt a Atmospheric Administration(NOAH), be publicly accessible.NMFS will fourth essential habitat feature in both Commerce. accept anonymous comments(enter"N/ current and expanded critical habitat ACTION:Proposed rule;request for A"in the required fields if you wish to "providing for in-water sound levels comments. remain anonymous).Attachments to that:(1)Do not exceed thresholds that electronic comments will be accepted in inhibit communication or foraging SUMMARY:We,the National Marine Microsoft Word,Excel,or Adobe PDF activities,(2)do not result in temporary Fisheries Service(NMFS),propose to file formats only. or permanent hearing loss to whales, revise the critical habitat designation for The draft Biological Report,draft and(3)do not result in the the Southern Resident killer whale Economic Report,draft ESA Section abandonment of critical habitat areas." (Orcinus orca)distinct population 4(b)(2)Report,and complete list of all On April 25,2014,we announced in segment(DPS)under the Endangered references cited in this proposed rule our 90-day finding that the petition Species Act(ESA)by designating six are available on our website presented substantial scientific new areas along the U.S.West Coast. www.westcoast.fisheries.noaa.gov/ information indicating that a revision to Specific new areas proposed along the protected species/marine mammals/ the current critical habitat designation U.S.West Coast include 15,626.6 square killer_whale%ritical habitat.html and at may be warranted and requested public miles(mit)(40,472.7 square kilometers the Federal e-Rulemaking Portal comments(79 FR 22933).Due to new (km2))of marine waters between the 6.1- www.regulations.gov/#!docketDetail;D= information available regarding habitat meter(m)(20 feet(ft))depth contour NOAH-NMFS-2014-0041. use by Southern Resident killer whales, and the 200-m(656.2 ft)depth contour FOR FURTHER INFORMATION CONTACT: a revision to critical habitat was from the U.S.international border with Nancy Young,NMFS West Coast warranted,and we announced our Canada south to Point Sur,California. Region,(206)526-0550;or Lisa intention to proceed toward a proposed We solicit comments from the public on Manning,NMFS Office of Protected rule in the 12 month finding(80 FR all aspects of the proposal,including Resources,(301)427-8466. 9682;February 24,2015).The 12-month information on the economic,national SUPPLEMENTARY INFORMATION: finding listed the following steps to security,and other relevant impacts of develop a proposed rule for public the proposed revision to the critical Background comment:(1)Complete data collection habitat designation. NMFS listed the Southern Resident and analysis to refine our understanding DATES:Comments on this proposed rule killer whale DPS as endangered under of the whales'habitat use and needs;(2) and supporting documents must be the ESA in 2005(70 FR 69903; identify areas meeting the definition of received by December 18,2019.Any November 18,2005).In 2006,NMFS critical habitat;and(3)conduct scheduled public hearings will be designated critical habitat for the economic,national security,and other announced in a separate notice. Southern Resident killer whale DPS in required analyses to inform Requests for additional public hearings inland waters of Washington State(71 consideration of areas for exclusion must be made in writing by November FR 69054;November 29,2006).The under section 4(b)(2)of the ESA. 4,2019. designated critical habitat consists of The CBD filed a complaint in August ADDRESSES:You may submit comments three areas:(1)The Summer Core Area 2018 with the U.S.District Court for the on this document,identified by NOAA- in Haro Strait and waters around the Western District of Washington at NMFS-2014-0041,and on the San Juan Islands,(2)Puget Sound Area, Seattle seeking an order from the Court supporting documents,by either of the and(3)the Strait of Juan de Fuca Area. establishing deadlines for NUYS to following methods: Together,these areas comprise issue proposed and final rules to revise Electronic Submission:Submit all approximately 2,560 mit(6,630 km2 of the Southern Resident killer whale electronic public comments via the marine habitat. critical habitat designation.A court- Federal e-Rulemaking Portal.Go to The final rule designating critical approved settlement agreement was www.regulations.gov/ habitat identified three habitat features filed on April 17,2019,(Center for #!docketDetail;D=NOAA-NMFS-2014- essential to the conservation of the DPS: Biological Diversity v.National Marine 0041,click the"Comment Now!"icon, (1)Water quality to support growth and Fisheries Service,2:18-cv-01201-RSM complete the required fields,and enter development;(2)prey species of (W.D.Wash.)).The settlement or attach your comments. sufficient quantity,quality,and agreement stipulates that NUYS must Mail:Submit written comments to availability to support individual submit the proposed rule to the Office Seattle Branch Chief,Protected growth,reproduction,and development, of the Federal Register by September 6, Resources Division,West Coast Region, as well as overall population growth; 2019. Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49215 This proposed rule describes our comprehensive review of killer whale Resident killer whales appear to depend proposed revision to the Southern research and regulatory actions on different prey species and habitats Resident killer whale critical habitat conducted to recover the population throughout the year.The seasonal designation,including supporting following the listing can be found in timing of salmon returns to different information on Southern Resident killer NMFS'report,"Southern Resident river systems likely influences their whale biology,distribution,and habitat Killer Whales-10 Years of Research movements.Whales may travel use,and the methods used to develop and Conservation"(NMFS 2014). significant distances to locate prey the proposed revision to the A five-year status review under the aggregations sufficient to support their designation. ESA completed in December 2016 numbers. Southern Resident Killer Whale provides an evaluation of the current Foraging and Prey Natural History and Ecology status of the population and progress toward meeting recovery goals,and Based on fish scales and tissue The Southern Resident killer whale concluded that the Southern Resident remains collected from predation DPS was listed as endangered under the killer whales should remain listed as events,fecal sampling,and stomach ESA in 2005(70 FR 69903;November endangered(NMFS 2016b).The 2018 contents studies,Southern Resident 18,2005).A Recovery Plan was annual census from the Center for killer whales are known to consume a completed in 2008 and provides Whale Research counted 75 whales variety of fish species(22)and one detailed information on the life history, remaining in the population as of July species of squid(Ford et al.1998,Ford biology,and threats to the whales and 1,2018.Following the census,as of July et al.2000,Ford&Ellis 2006,Hanson identifies actions needed to recover the 1,2019,four whales died or were et al.2010,Ford et al.2016).These DPS(NMFS 2008).The limiting factors presumed dead and two calves were studies suggest an overall preference for described in the recovery plan include born.Although the Southern Resident Chinook salmon(Oncorhynchus reduced prey availability and quality, killer whale population size has varied tshawytscha),despite the much lower high levels of contaminants from over time,this is a decline from the abundance of Chinook in some areas pollution,and disturbance from vessels highest census count of 98 measured in and during certain time periods and other sources of anthropogenic 1995,and NMFS projects a downward compared to other salmonids.Chum(O. sound(e.g.,dredging,drilling, trend in population growth over the keta),coho(O.kisutch),and steelhead construction,seismic testing,sonar). next 50 years(NMFS 2016). (O.mykiss)may also be important in the There is considerable uncertainty about Below we summarize several aspects Southern Resident killer whale diet at which threats may be responsible for the of natural history of Southern Resident particular times and in specific decline in the Southern Resident killer killer whales and threats as they relate locations.Factors that might influence whale population,or which is the most to the habitat needs of the species.More this preference include Chinook's large important to address for recovery.The detailed information can be found in the size,high fat and energy content,and Recovery Plan lays out an adaptive draft Biological Report that supports year-round occurrence in the whales' management approach and a recovery this proposed rule(NMFS 2019a). geographic range.Chinook salmon have strategy that addresses each of the the highest value of total energy content potential threats based on the best Distribution compared to other salmonids because of available science.The recovery action Killer whales live in highly stable their larger body size and higher energy outlined within the Recovery Plan social groupings,or pods,led by density(O'Neill et al.2014).Research identifies numerous management females.The three pods of the Southern suggests that killer whales are capable of actions necessary to recover Southern Resident DPS,identified as J,K,and L detecting,localizing,and recognizing Resident killer whales,such as salmon pods,reside for part of the year in the Chinook salmon through their ability to restoration efforts(habitat,harvest,and inland waterways of Washington State distinguish Chinook echo structure as hatchery management),actions to clean and British Columbia known as the different from other salmon(Au et al. up contaminated sites and sediments, Salish Sea(Strait of Georgia,Strait of 2010). minimization of continuing inputs of Juan de Fuca,and Puget Sound), Fewer predation events have been contaminants into the environment,an principally during the late spring, observed and fecal samples collected evaluation of the need for vessel traffic summer,and fall(Ford et al.2000, from Southern Resident killer whales off restrictions,minimization of the risk of Krahn et al.2002).The whales also visit the Pacific coast than in inland waters, oil spills,stranding response,and coastal waters off Washington and but recent data indicate that salmon, education and outreach(NMFS 2008). Vancouver Island,especially in the area and Chinook salmon in particular, The recovery action outline links between Grays Harbor and the Columbia remains an important dietary management actions to an active River(Ford et al.2000,Hanson et al. component when the whales are in research program to fill data gaps and a 2017),but travel as far south as central outer coastal waters(Hanson et al.In monitoring program to assess California and as far north as Southeast prep).Quantitative analyses of diet from effectiveness.Feedback from research Alaska.Although less is known about fecal samples also indicate a high and monitoring will provide the the whales'movements in coastal proportion of Chinook in the diet of information necessary to refine ongoing waters,satellite tagging,opportunistic whales feeding in waters off the coast actions and develop and prioritize new sighting,and acoustic recording data but a greater diversity of species,of actions. suggest that Southern Resident killer which more tha(Ophiodon elongates) NMFS works closely with Canada,the whales spend nearly all of their time on and steelhead also comprised a State of Washington,tribes,and interest the continental shelf,within 34 km substantial portion of the diet(Ford et groups to conduct research to fill critical (21.1 mi)of shore in water less than 200 al.2016,Hanson et al.In prep). information gaps,implement recovery in(656.2 ft)deep(Hanson et al.2017). Foraging on skate and halibut actions,and develop partnerships to Southern Resident killer whales are (Hippoglossus stenolepis)was also conserve Southern Resident killer large mammals requiring abundant food detected(Hanson et al.In prep).Most of whales.We and partners have been sources to sustain metabolic processes the Chinook prey samples obtained implementing actions identified in the throughout the year.Prey availability while the whales were in outer coastal recovery plan for many years.A changes seasonally,and Southern waters were determined to have 49216 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules originated from the Columbia River Ford et al.2000,Miller 2002,Miller et High concentrations of POPS have been basin,including Lower Columbia al.2004,Saulitis et al.2005).Most calls linked to endocrine,metabolic,and Springs,Middle Columbia Tule,Upper consist of both low-and high-frequency immune disruption,cancer,decreased Columbia Summer/Fall.However,the components(Bain&Dahlheim 1994). reproduction,and increased calf Chinook stocks included fish from as far Killer whales produce three categories mortality(Reijnders 1986,de Swart et north at the Taku River and as far south of sounds:Echolocation clicks,tonal al.1996,Schwacke et al.2002,Ylitalo as the Central Valley California(Hanson whistles,and pulsed calls(Ford 1989). et al.2005,Buckman et al.2011,Gockel et al.In prep).In both inland and outer Clicks are brief pulses of ultrasonic &Mongillo 2013,Lundin et al.2016, coastal waters,Southern Resident killer sound given singly or more often in Mongillo et al.2016,Hall et al.2018). whales generally consumed salmon that series known as click trains.They are Exposure to petroleum hydrocarbons were younger than those consumed by used primarily for navigation and released into the marine environment Northern Resident killer whales(Ford& discriminating prey and other objects in via oil spills and other discharge Ellis 2006,Hanson et al.In prep). the surrounding environment,but are sources represents a serious potential Noren(2011)estimated the daily prey also commonly heard during social health risk for Southern Resident killer energy requirements for Southern interactions and may have a whales.Polycyclic aromatic Resident killer whales,which vary by communicative function(Barrett- hydrocarbons,a component of oil(crude age class and sex.Noren(2011) Lennard et al. 1996).Barrett-Lennard et and refined)and motor exhaust,are a estimated that immature whales al.(1996).Southern Residents produce group of compounds known to be between 1 and 6 years of age require whistles for both long-range carcinogenic and mutagenic(Pashin& 41,376 to 130,246 kilocalories(kcal)per communication(e.g.,during foraging Bakhitova 1979).While marine day,while juveniles from 7 to 12 years and slow traveling)and social mammals are generally able to of age need 118,019 to 174,380 kcal per interactions(Riesch et al.2006).Pulsed metabolize and excrete limited amounts day.Females older than 12 years require calls are the most common type of of hydrocarbons,acute or chronic 149,972 to 217,775 kcal per day,while vocalization in killer whales and exposure poses greater toxicological males over 12 years require 155,885 to resemble squeaks,screams,and risks(Grant&Ross 2002).Oil spills are 269,458 kcal per day(Noren 2011). squawks to the human ear.Three also potentially destructive to prey Southern Resident killer whales' categories of pulsed calls are populations and therefore may preferred prey,Chinook salmon,is distinguishable:Discrete,variable,and adversely affect Southern Resident killer larger and has a higher total energy aberrant(Ford 1989).Discrete calls are whales by reducing food availability. content(average of 13,409 kcal per fish; the predominant sound type during Statutory and Regulatory Background O'Neill et al.2014)when compared to foraging and traveling,and are used for for Critical Habitat Designations other salmon species found in the maintaining acoustic contact with other The ESA defines critical habitat under region.It would take roughly 2.7 coho, group members,especially those out of section SA de)as the ti specific areas 3.1 chum,3.1 sockeye,or 6.4 pink visual range(Ford 1989,Ford et al. salmon to obtain the same amount of 2000,Miller 2002).Variable and within the geographical area occupied energy as can be found in one Chinook aberrant calls are given more frequently by the species at the time it is listed,on salmon(O'Neill et al.2014).However, after animals join together and interact which are found those physical or the total energy varies significantly socially. biological features essential to the among Chinook salmon populations due Killer whales hear sounds through the conservation of the species and which to variation in body size and lipid lower jaw and other portions of the may require special management content.For example,mature Puget head,which transmit the sound signals considerations or protection;and(2) Sound Chinook has relatively low mean to receptor cells in the middle and inner specific areas outside the geographical total energy values(8,941 kcal per fish), ears(M0hl et al.1999,Au 2002).Killer area occupied by the species at the time whereas Chinook returning to the whales are considered mid-frequency it is listed,upon a determination by the Sacramento River has a mean total cetaceans(NMFS 2018).Their hearing Secretary of Commerce that such areas energy above 15,000 kcal per fish ability extends from approximately 600 are essential for the conservation of the (O'Neill et al.2014). hertz(Hz)to 114 kilohertz(kHz),but is species(16 U.S.C.1532(5)(A)). Scarcity of prey is one of the three most sensitive in the range of 5-81 kHz Conservation is defined in section 3(3) main threats to Southern Resident killer (Branstetter et al.2017). of the ESA as to use,and the use of,all whales'survival(NMFS 2008).Salmon Health and Contaminants methods and procedures which are have declined because of land alteration necessary to bring any endangered throughout the Pacific Northwest Persistent organic pollutants(POP), species or threatened species to the associated with agriculture,timber such as polychlorinated biphenyls point at which the measures provided harvest practices,the construction of (PCB),polybrominated diphenyl ethers pursuant to this Act are no longer dams,urbanization,fishery harvest (PBDE),and necessary(16 U.S.C. 1532(3)).Section practices,and hatchery operations. dichlorodiphenyltrichloroethane(DDT), 3(5)(C)of the ESA provides that,except Many of the salmon populations that are of particular concern to Southern in those circumstances determined by were once abundant historically have Resident killer whales.Whales become the Secretary,critical habitat shall not declined to the point where they have exposed to POPS through their prey as include the entire geographical area been listed as endangered or threatened well as through nursing,when adult which can be occupied by the with extinction. females offload the contaminants stored threatened or endangered species.Our in their blubber as it is metabolized to regulations provide that critical habitat Hearing and Vocalizations produce milk,which then carries those shall not be designated within foreign Like all dolphins,killer whales contaminants to the offspring.High countries or in other areas outside U.S. produce numerous types of contaminant levels exacerbate the jurisdiction(50 CFR 424.12(9)). vocalizations that are useful in effects of reduced prey abundance as the Section 4(a)(3)(B)prohibits navigation,communication,and contaminants become mobilized in the designating as critical habitat any lands foraging(Dahlheim&Awbrey 1982, blood stream when stored fat is or other geographical areas owned or Ford 1989,Barrett-Lennard et al.1996, metabolized in the absence of food. controlled by the Department of Defense Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49217 (DOD)or designated for its use,that are Resident killer whale critical habitat throughout all or part of the species'life subject to an Integrated Natural designation.In accordance with section cycle,even if not used on a regular basis Resources.Management Plan(INRMP) 4(b)(2)of the ESA and our (e.g.,migratory corridors,seasonal prepared under section 101 of the Sikes implementing regulations(50 CFR habitats,and habitats used periodically, Act(16 U.S.C.670a),if the Secretary of 424.12),this proposed designation is but not solely by vagrant individuals) Commerce determines in writing that based on the best scientific information (50 CFR 424.02). such plan provides a benefit to the available concerning the species' Southern Resident killer whale species,and its habitat,for which present and historical range,habitat, summer inland habitat use was critical habitat is proposed for and biology,as well as threats to its previously described in the 2006 critical designation. habitat.The information gathered to habitat designation(71 FR 69054, Section 4(b)(2)of the ESA requires us create this proposed rule has been November 29,2006).At that time,few to designate critical habitat for collated and analyzed in three data were available on Southern threatened and endangered species on supporting documents:A draft Resident distribution and habitat use of the basis of the best scientific data Biological Report(NMFS 2019a);a draft coastal and offshore areas in the Pacific available and after taking into Economic Report(IEc 2018);and a draft Ocean.While it was known that the consideration the economic impact,the ESA Section 4(b)(2)Report(NMFS whales occupied these waters for a impact on national security,and any 2019b).We used the information and portion of the year,only 28 sightings of other relevant impact,of specifying any analyses in these reports to inform our Southern Resident killer whales were particular area as critical habitat. proposal to designate specific areas available to describe their coastal range Pursuant to this section,the Secretary of within the whales'coastal range as (Krahn et al.2004,NMFS 2006).In the Commerce(Secretary)may exclude any critical habitat. 2006 designation,these coastal areas area from critical habitat upon We followed a five-step process in were included in the identified determining that the benefits of such order to identify the specific areas geographical area occupied by the exclusion outweigh the benefits of eligible for critical habitat designation: species,but the lack of data precluded specifying such area as part of the (1)Determine the geographical area the agency from designating specific critical habitat.The decision to exclude occupied by the species at the time of areas within the coastal range as critical is discretionary;in no circumstances is listing,(2)identify physical or habitat. an exclusion of any particular area biological habitat features essential to Since the 2006 designation, required by the ESA(50 CFR 424.19;81 the conservation of the species,(3) considerable effort has been made to FR 7226,February 11,2016).However, delineate specific areas within the better understand the range and the Secretary may not exclude areas if geographical area occupied by the movements of Southern Resident killer this will result in the extinction of the species on which are found the physical whales once they leave inland waters. species. or biological features,(4)determine Land-and vessel-based opportunistic Once critical habitat is designated, whether the feature(s)in a specific area and survey-based visual sightings, section 7(a)(2)of the ESA requires may require special management satellite tracking,and passive acoustic Federal agencies to ensure that actions considerations or protections,and(5) research conducted since 2006 have they fund,authorize,or carry out are not determine whether any unoccupied provided an updated estimate of the likely to destroy or adversely modify areas are essential for conservation.Our whales'coastal range that extends from that habitat(16 U.S.C. 1536(a)(2)).This evaluation and determinations are the Monterey Bay area in California, requirement is in addition to the section described in detail in the draft north to Chatham Straight in southeast 7(a)(2)requirement that Federal Biological Report(NMFS 2019a)and are Alaska.In addition,these data have agencies ensure their actions are not summarized below. provided a better understanding of the likely to jeopardize the continued Beyond the identification and whales'use of these waters,allowing us existence of ESA-listed species. description of the areas,the critical to identify areas that meet the definition Specifying the geographic location of habitat designation process also include of critical habitat under the ESA. critical habitat also facilitates additional steps:Identify whether any While the range of Southern Resident implementation of section 7(a)(1)of the area may be precluded from designation killer whales includes coastal and ESA by identifying areas where Federal because the area is subject to an 1NRMP inland waters of British Columbia, agencies can focus their conservation that we have determined provides a Canada,we cannot designate critical programs and use their authorities to benefit to the species;and consider the habitat in areas outside of U.S. further the purposes of the ESA.Critical economic,national security,or any jurisdiction(50 CFR 424.12(h)).The habitat requirements do not apply to other impacts of designating critical Government of Canada has designated citizens engaged in actions on private habitat and determine whether to critical habitat for Northern and land that do not involve a Federal exercise our discretion to exclude any Southern Resident killer whales in agency.However,designating critical particular areas.These steps are Canadian waters under its Species at habitat can help focus the efforts of described in the draft ESA Section Risk Act.In its 2008 recovery strategy other conservation partners(e.g.,State 4(b)(2)Report(NMFS 2019b)and the and 2011 amended recovery strategy, and local governments,individuals,and draft Economic Report(IEc 2019)and the Government of Canada identified non-governmental organizations). are summarized in later sections of this the Canadian side of Haro and Juan de rule. Fuca Straits,as well as Boundary Pass Methods and Criteria Used To Identify proposed and adjoining areas in the Strait of Specific Areas Eligible for Critical Geographical Area Occupied by the Georgia as critical habitat for Southern Habitat Species Resident killer whales(Fisheries and In the following sections,we describe The term"geographical area occupied Oceans Canada 2011).The Government the relevant definitions and by the species"is defined as an area that of Canada recently designated a new requirements in the ESA and our may generally be delineated around a critical habitat area for Northern and implementing regulations and the key species'occurrences as determined by Southern Resident killer whales in information and criteria used to prepare the Secretary(i.e.,range).Such areas ocean waters on the continental shelf off this proposed revision to the Southern may include those areas used southwestern Vancouver Island, 49218 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules including Swiftsure and La Perouse whales within their coastal range,as more varied than those of inland Banks(Fisheries and Oceans Canada described below. habitats,which suggests there may not 2018).Additional areas are identified as (1) Water quality to support growth be sufficient quantity of Chinook along critical habitat for Northern Resident and development.Water quality the coast to sustain them.Habitat killer whales only. supports Southern Resident killer conditions should support the Some Alaskan waters are considered whales'ability to forage,grow,and successful growth,recruitment,and to be within the geographic area reproduce free from disease and sustainability of abundant prey to occupied by Southern Resident killer impairment.Southern Resident killer support the individual growth, whales,but we are not considering whales are highly susceptible to reproduction,and development of expanding critical habitat there at this biomagnification of pollutants,such that Southern Resident killer whales. time because there is insufficient chemical pollution is considered one of Age,size,and caloric content all information about the whales' the prime impediments to their recovery affect the quality of prey,as do distribution,behavior,and habitat use (NMFS 2008).Water quality is essential contaminants and pollution.The in these areas.For example,there is to the whales'conservation,given the availability of key prey is also essential only one sighting of Southern Resident whales'present contamination levels, to the whales'conservation.Availability killer whales in southeast Alaska,in small population numbers,increased of prey along the coast is likely limited Chatham Strait in 2007.While we can extinction risk caused by any additional at particular times of year due to the infer that some of the essential habitat mortalities,and geographic range(and small run sizes of some important features,such as prey,must be present range of their primary prey)that Chinook stocks,as well as the to support the whales there,we do not includes highly populated and distribution of preferred adult Chinook have sufficient data to describe them industrialized areas.Water quality is that may be relatively spread out prior adequately and identify specific areas especially important in high-use areas to their aggregation when returning to with those features. where foraging behaviors occur and their natal rivers.Availability of Physical and Biological Features contaminants can enter the food chain. Chinook to the whales may also be Essential to Conservation The absence of contaminants or other impacted by sound from vessels or other agents of a type and/or amount that sounds sources if they raise average The ESA does not specifically define would inhibit reproduction,impair background noise within the animal's physical or biological features. immune function,result in mortalities, critical bandwidth to a level that is However,court decisions and joint or otherwise impede the growth and expected to chronically or regularly NMFS and U.S.Fish and Wildlife recovery of the Southern Resident reduce echolocation space(Joy et al., Service(U.S.FWS)regulations at 50 population is a habitat feature essential 2019,Veirs et al.2016),and by CFR 424.02(81 FR 7413;February 11, for the species'recovery.Exposure to oil competition from other predators 2016)provide guidance on how spills also poses additional direct including other resident killer whales, physical or biological features are threats as well as longer-term pinnipeds,and fisheries(Chasco et al. expressed.Physical and biological population level impacts.Therefore,the 2017). features support the life-history needs of absence of these chemicals is of the (3)Passage conditions to allow for the species,including but not limited to, utmost importance to Southern Resident migration,resting,and foraging. water characteristics,soil type, conservation and survival. Southern Resident killer whales are geological features,sites,prey, (2)Prey species of sufficient quantity, highly mobile,can cover large distances, vegetation,symbiotic species,or other quality and availability to support and range over a variety of habitats, features.A feature may be a single individual growth,reproduction and including inland waters and open ocean habitat characteristic,or a more development,as well as overall coastal areas from the Monterey Bay complex combination of habitat population growth.Southern Resident area in California north to Southeast characteristics.Features may include killer whales need to maintain their Alaska.The whales'habitat utilization habitat characteristics that support energy balance all year long to support is dynamic.Noren and Hauser(2016) ephemeral or dynamic habitat daily activities(foraging,traveling, evaluated Southern Resident killer conditions.Features may also be resting,socializing)as well as gestation, whales'behavior and fine-scale habitat expressed in terms relating to principles lactation,and growth.Maintaining their use within the inland critical habitat of conservation biology,such as patch energy balance and body condition is Summer Core Area in Haro Strait and size,distribution distances,and also important because when stored fat waters around the San Juan Islands and connectivity. is metabolized,lipophilic contaminants found that the whales engaged in most Based on the best available scientific may become more mobilized in the activity states(travel,forage,rest,and information regarding natural history blood stream,with potentially harmful social behavior)throughout the area,but and habitat needs,the following features health effect(Mongillo et al.2016). that foraging and resting predominantly were identified in the 2006 critical Southern Resident killer whales are top occurred in some localized regions. habitat designation as essential to the predators that show a strong preference Similar data collection and analysis has conservation of the species within for salmonids in inland waters, not been conducted to identify inland waters of Washington:(1)Water particularly larger,older age class geographic variability or hotspots in the quality to support growth and Chinook(age class of 3 years or older) whales'activity or behavioral states in development;(2)prey species of (Ford&Ellis 2006,Hanson et al.2010). waters along the outer coast.However, sufficient quantity,quality and Samples collected during observed analysis of Southern Resident killer availability to support individual feeding activities,as well as the timing whales'movement patterns on the outer growth,reproduction and development, and locations of killer whales'high-use coast from satellite tag data has revealed as well as overall population growth; areas that coincide with Chinook fish preferred depth bands and distances and(3)passage conditions to allow for runs,suggest the whales'preference for from shore that suggest potential travel migration,resting,and foraging.We Chinook extends to outer coastal habitat corridors,and variations in travel speed identified the same three biological and use as well(Hanson et al.2017,Shelton or duration of occurrence that may physical features as essential for the et al.2018,Hanson et al.In prep).The indicate different behavioral states conservation of Southern Resident killer diets of whales in outer coastal areas are (Hanson et al.2017). Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49219 Southern Resident killer whales direct and indirect effects of critical habitat,consistent with our require open waterways that are free anthropogenic sound on individual existing practice in inland waters from obstruction(e.g.,physical, animals and the population relative to critical habitat. acoustic)to move within and migrate the jeopardy standard in ESA section 7 Specific Areas Within the Geographical between important habitat areas analyses and through MMPA incidental Area Occupied by the Species throughout their range,find prey,and take authorizations. fulfill other life history requirements.As Adverse habitat-related effects may The three specific areas within the an example of an"acoustic stem from the introduction of a chronic geographic area(range)occupied by the obstruction,"killer whale occurrence in noise source that degrades the value of species identified in the 2006 critical the Broughton Archipelago,Canada habitat by interfering with the sound- habitat designation are carried forward declined significantly when acoustic reliant animal's ability to gain benefits unchanged by the proposed critical harassment devices were in use at a from that habitat(i.e.,altering the habitat revision.We refer to them here salmon farm,and returned to baseline conservation value of the habitat). as Inland Waters Areas 1-3 to levels once the devices were no longer NMFS does not currently have a differentiate them from the six newly used(Morton&Symonds 2002), quantifiable methodology to establish identified specific coastal areas indicating the introduction of this thresholds for determining when proposed for designation(Coastal Areas chronic noise source into the chronic noise reaches a level such that 1-6).In the 2006 designation,a lack of environment acted as an acoustic barrier it alters the conservation value in this data precluded us from determining to the whales'use of the area.The way.However,we can,and do,consider whether any specific areas within the passage feature may be less likely to be these effects qualitatively.For example, coastal range met the definition of impacted in coastal ocean waters NMFS identified sound-related essential critical habitat.Research and data compared to the more geographically features in the critical habitat collected since then have allowed us to constricted inland waters because the designations for the Cook Inlet beluga better characterize the whales'habitat whales may be able to more easily whale DPS and Main Hawaiian Islands use(NMFS 2019a).These data are now navigate around potential obstructions (MHI)insular false killer whale DPS. sufficient to identify specific areas in the open ocean,but these passage Although sound is identified as an within the whales'coastal range. conditions are still a feature essential to essential feature for Cook Inlet beluga The CBD requested that we identify the whales'conservation and which whale critical habitat and as a critical habitat in areas of the Pacific may require special management or characteristic of an essential feature for Ocean between Cape Flattery, protection. MHI insular false killer whale critical Washington,and Point Reyes, We also considered whether to habitat in a non-quantitative manner, California,extending approximately 47 identify sound as a fourth essential the descriptions of both essential mi(76 km)offshore.This requested area feature.Southern Resident killer whales features inform the qualitative was based mainly on the extent of the produce and detect sounds for assessment of habitat-related impacts whales'movements from NMFS' communication,navigation,and from anthropogenic sound.NMFS has satellite tag data:Tagged animals foraging.An acoustic environment,or not identified a sound-related essential traveled as far south as Point Reyes and soundscape,in which the whales can feature for other marine mammal critical as far offshore as 47 mi.However,the detect and interpret sounds is critical habitat designations. petition stated that because NMFS was for carrying out these basic life In our experience evaluating effects to continuing to analyze data describing functions.In recognition of this,we Southern resident killer whale critical the Southern Resident killer whales'use previously considered identifying sound habitat in inland waters,we are already of coastal and offshore waters,the as a potential essential feature(69 FR able to assess adverse habitat-related petition requested we"refine this 76673;December 22,2004),but effects of anthropogenic sound by proposal,as necessary,to include ultimately concluded that we lacked evaluating impacts to the prey and additional inhabited zones or to focus sufficient information to do so.CBD passage essential features of current specifically on areas of concentrated petitioned us to again consider critical habitat for Southern Resident use"(CBD 2014).To delineate specific identifying in-water sound as an killer whales,and thus we do not areas,we relied on the satellite tag data essential feature of the currently consider it necessary to identify sound but also incorporated information on designated critical habitat and any new as a separate essential feature.For sightings,acoustic data,and prey designation. example,we evaluate whether chronic sampling.As a result,our proposed Under the ESA,we separately anthropogenic sound might alter the specific areas differ in their boundaries consider effects of anthropogenic sound conservation value of habitat by from the petitioner's request.For on individual whales(which is scaled reducing the availability of the whales' example,there are documented up to the listed species unit)and prey in a particular foraging area by sightings of Southern Resident killer habitat-related impacts(which is scaled reducing the effective echolocation whales south of Point Reyes,so the up to the critical habitat designation). space for the whales to forage,or boundary of the proposed critical For the former,NMFS has an creating a barrier that restricts habitat is farther south than the established framework and thresholds movements through or within an area petitioners requested. for considering impacts to marine necessary for migration,resting,or We identified six specific areas off the mammals'hearing(specifically foraging.We consider the protections U.S.West Coast,delineated based on temporary or permanent hearing loss), resulting from these analyses to be their habitat features and use by as outlined in our"Technical Guidance consistent with those resulting from the Southern Resident killer whales.They for Assessing the Effects of evaluation of sound-related essential encompass most of the whales'U.S. Anthropogenic Sound on Marine features in the Cook Inlet beluga whale coastal range,and they vary in size.The Mammal Hearing"(NMFS 2018),and and MHI insular false killer whale ESA and regulations provide the agency NMFS is also working to refine our designations.If critical habitat is discretion to determine the scale at guidance on the effects of anthropogenic finalized consistent with this proposed which specific areas are identified(50 sound on marine mammal behavior.We rule,we would use the same approach CFR 424.12;81 FR 7413,February 11, will continue to evaluate and manage for evaluating these effects in coastal 2016).We selected the boundaries 49220 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules between areas to reflect the spatial scale example,based on data from four highest use areas occurred in the North of the whales'movements and satellite-tagged Southern Resident killer of Falcon fishery management area behavioral changes(e.g.,where tagged whales,less than 1 percent of the between Cape Falcon,Oregon and the whales were primarily traveling versus whales'outer coastal locations were in Canadian border,and relatively high use observed foraging),as well as to align depths less than 6 in(NWFSC unpubl. occurred within the Klamath with some existing fishery management data).In addition,there are no data from Management Zone.Similar to inland boundaries(e.g.,Pigeon Point and Point sightings or satellite tags to indicate that waters,we assume that Southern Sur are geographic points used by the Southern Resident killer whales enter Resident killer whales respond to Pacific Fishery Management Council in river mouths or semi-enclosed bays and regional and seasonal abundance of salmon management;PFMC 2016).Each estuaries along the coast,although data salmon,particularly Chinook runs.We area contains all three essential features, indicate the whales do use the open then adjusted some of the boundaries to although the primary feature of each embayment of Monterey Bay in better reflect what we know about the area is noted below.More information California.Thus,based on the available whales'use of the areas(e.g.,areas about each area,including descriptions data,we defined the shoreward where foraging has been observed and/ of the whales'use of the area based on boundary of the specific areas as a line or prey samples collected,versus areas sighting,satellite tagging,and acoustic along the coast at 6.1 in in depth relative where whales are considered mainly to detection data,can be found in the draft to the mean high water line. be traveling through).We selected Cape Biological Report(NMFS 2019a). The offshore(western)boundary of Meares,Oregon as the southern Although we consider it to be the areas is the 200-m(656.2-ft)depth boundary of Areas 1 and 2 instead of informative for future section 7 contour,or isobath.This was selected Cape Falcon just to the north,because consultations to identify six specific because movement data from satellite- the Cape Meares boundary encompassed areas of coastal critical habitat given the tagged Southern Resident killer whales all but one of the observed predation differences in the whales'use of the indicate that most coastal locations were events and prey sample locations off the areas,we are soliciting public comment in water depths of 200 in or less(96.5 Washington and Oregon coasts.We on whether the areas should be percent)and within 34 km(21.1 mi) selected Cape Mendocino,California as combined into a single continuous unit from shore(95 percent)(Hanson et al. the boundary between Areas 4 and 5 (see Public Comments Solicited section 2017).Additionally,the limited instead of Horse Mountain just to the below). information available on the south because the three predation Beginning at the westernmost extent distribution of salmon in offshore events observed in California occurred of the currently designated Strait of Juan waters indicates Southern Resident off the Eel River just north of Cape de Fuca critical habitat area(Inland killer whale prey(an essential feature of Mendocino,and that boundary better Waters Area 3),the new coastal areas the habitat)is present in waters of 200 demarcated the southern extent of a span the U.S.West Coast from the U.S. in or less.The two areas off the coast of higher-use area based on the duration- international border with Canada south Washington share the same northern of-occurrence model of satellite-tagged to Point Sur,California,which is just and southern boundaries but are whale movements(NMFS 2019a). south of the southernmost sightings of separated longitudinally at the 50-m The six specific coastal areas are: Southern Resident killer whales in (164.0-ft)isobath,such that Coastal Area Coastal Area 1--Coastal Washington/ Monterey Bay.On January 27,2008, 1 ranges from 6.1-50 in depth while Northern Oregon Inshore Area:U.S. Southern Resident killer whales were Coastal Area 2 ranges from 50-200 in marine waters west of a line connecting sighted off Cypress Point,Carmel Bay, depth.The 50-m isobath was selected to Cape Flattery,Washington(48023'10"N/ just south of Monterey Bay,traveling distinguish the areas because the 124°43'32"W),Tatoosh Island, south(N.Black,Monterey Bay Whale majority(42 of 52,or 76.4 percent)of Washington(48023'30"N/124°44'12" Watch,Orca Network sightings prey samples from observed Southern W),and Bonilla Point,British Columbia archives).Given uncertainty in the exact Resident killer whale predation events (48035'30"N/124043'00"W),from the extent of the whales'southward in these two areas were collected in U.S.international border with Canada movements,we elected to delineate the water depths of 50 in or less,and just south to Cape Meares(45'29'12"N), southern boundary of the specific area over half of the satellite tag locations in between the 6.1-m and 50-m isobath just south of the last sighting(by these two areas(54 percent)were in contours.This area covers 1,441.9 mit approximately 20 mi(32.2 km))and water depths of 50 in or less(NWFSC (3,734.6 km2)and includes waters off align the boundary with the existing un 1. data;Hanson et al.In prep). Clallam,Jefferson,Grays Harbor,and salmon management area boundary at The latitudinal boundaries between Pacific counties in Washington and Point Sur,California(PFMC 2016). the specific coastal areas were initially Clatsop and Tillamook counties in The inshore(eastern)boundary of the selected to coincide with some of the Oregon.The primary essential feature of areas is delineated by a continuous line coastal salmon management area this area is prey. along the coast at 20-ft(6.1-m)depth boundaries as defined in the Pacific Coastal Area 2—Coastal Washington/ relative to mean high water.This Salmon Fishery Management Plan Northern Oregon Offshore Area:U.S. continuous line crosses river mouths (FMP)and used for the management of marine waters west of a line connecting and entrances to semi-enclosed bays salmon harvest(Chinook and Coho Cape Flattery,Washington(48023'10"N/ and estuaries.This is consistent with specifically)(PFMC 2016).Although the 124043'32"W),Tatoosh Island, the inshore boundary of the 2006 areas of highest Southern Resident killer Washington(48023'30"N/124044'12" critical habitat designation in inland whale occurrence,as indicated by a W),and Bonilla Point,British Columbia waters(although the inshore boundary duration-of-occurrence model from (48035'30"N/124043'00"W),from the of the coastal critical habitat is satellite tag data(Hanson et al. 2017), U.S.international border with Canada delineated relative to the mean high did not precisely match the salmon south to Cape Meares(45°29'12"N), water line instead of extreme high management areas,they generally align between the 50-m and 200-m isobath water,the inshore boundary in inland with the available information on contours.This area covers 4,617.2 mit waters).We do not have data indicating salmonid and other fish species that (11,958.6 km2),and as with Area 1, that the whales frequently occur in may be prey to Southern Resident killer includes waters off Clallam,Jefferson, waters shallower than 6.1 m.For whales.For example,the whales' Grays Harbor,and Pacific counties in Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49221 Washington and Clatsop and Tillamook and includes waters off San Mateo, plant operations,liquefied natural gas counties in Oregon.The primary Santa Cruz,and Monterey counties in terminals,desalinization plants).We essential feature of this area is prey. California.The primary essential feature identified these activities based on our Coastal Area 3—Central/Southern of this area is prey, ESA section 7 consultation history since Oregon Coast Area:U.S.marine waters 2006 for existing Southern Resident from Cape Meares(45029'12"N)south to Need for Special Management Cidtikiller whale critical habitat,along with the OR/CA border(42000'00"N), onseraons or Protection additional information that has become between the 6.1-m and 200-m isobath Joint NMFS and U.S.FWS regulations available since the original designation. contours.This area covers 4,962.6 mit at 50 CFR 424.02 define special This is not an exhaustive or complete (12,853.1 km2)and includes waters off management considerations or list of potential activities;rather,these Tillamook,Lincoln,Lane,Douglas, protection to mean methods or activities are of primary concern Coos,and Curry counties in Oregon. procedures useful in protecting physical because of their potential effects that we The primary essential feature of this and biological features essential to the are aware of at this time and that should area is passage. conservation of listed species. be considered in accordance with Coastal Area 4—Northern California Human activities managed under a section 7 of the ESA when Federal Coast Area:U.S.marine waters from the variety of legal mandates have the agencies authorize,fund,or carry out OR/CA border(42000'00"N)south to potential to affect the habitat features these activities.The ESA section 7 Cape Mendocino,CA(40°26'19"N), essential to the conservation of requirement that Federal agencies between the 6.1-m and 200-m isobath Southern Resident killer whales, ensure their actions are not likely to contours.This area covers 1,606.8 mit including those that could increase adversely modify critical habitat applies (4,161.5 km2)and includes waters off water contamination and/or chemical not only to actions occurring within Del Norte and Humboldt counties in exposure,decrease the quantity or designated critical habitat,but also to California.The primary essential feature quality of prey,or could inhibit safe, actions occurring outside of designated of this area is prey. unrestricted passage between important areas which can impact the features of Coastal Specific Area 5—North habitat areas to find prey and fulfill the critical habitat.For example, Central California Coast Area:U.S. other life history requirements. consultation could be required on marine waters from Cape Mendocino, Examples of these types of activities activities that occur in waters shallower CA(40°26'19"N)south to Pigeon Point, include(but are not limited to):(1) than 20 ft(6.1 m)or in upstream CA(37°11'00"N),between the 6.1-m Salmon fisheries and fisheries that take freshwater locations if those actions are and 200-m isobath contours.This area salmon as bycatch;(2)salmon likely to adversely affect essential covers 3,976.2 mit(10,298.4 km2)and hatcheries;(3)offshore aquaculture/ habitat features in designated critical includes waters off Humboldt, mariculture;(4)alternative energy habitat. Mendocino,Sonoma,Marin,San development;(5)oil spills and response; Table 1 lists the activities that may Francisco,and San Mateo counties in (6)military activities;(7)vessel traffic; affect the essential features in each of California.The primary essential feature (8)dredging and dredge material the six specific coastal areas such that of this area is passage. disposal;(9)oil and gas exploration and the essential features may require Coastal Specific Area 6—Monterey production;(10)mineral mining special management or consideration. Bay Area:U.S.marine waters from (including sand and gravel mining);(11) The draft Biological Report(NMFS Pigeon Point,CA(37°11'00"N)south to geologic surveys(including seismic 2019a)and draft Economic Report(IEc Point Sur,CA(36°18'00"N),between surveys);and(12)upstream activities 2019)provide a more detailed the 6.1-m and 200-m isobath contours. (including activities contributing to description of the potential effects of This area covers 710.1 mit(1,839.2 km2) point-source water pollution,power these activities on the essential features. TABLE 1—SUMMARY OF SPECIFIC AREAS ALONG THE U.S. WEST COAST Specific area (mi) Activities 1—Coastal Washington/Northern Oregon Inshore Area ....... 1,441.9 FISH,HAT,SPILL,MIL,VESS, DR, POLL, PP. 2—Coastal Washington/Northern Oregon Offshore Area ..... 4,617.2 FISH, HAT,SPILL,MIL,VESS, DR,POLL, PP. 3—Central/Southern Oregon Coast Area ............................. 4,962.6 FISH,HAT,EN,SPILL, MIL,VESS,DR,GEO, POLL, PP, LNG. 4—Northern California Coast Area ....................................... 1,606.8 FISH,HAT,SPILL,MIL,VESS, DR, POLL, PP. 5—North Central California Coast Area ................................ 3,976.2 FISH,HAT,SPILL,MIL,VESS,DR,MIN, POLL, PP. 6—Monterey Bay Area .......................................................... 710.1 FISH,HAT,SPILL,VESS,DR, POLL, PP,DESAL. Note:The size of the area,essential features present,and activities that may affect the essential features and necessitate the need for special management considerations or protection within each area are listed.Some activities occur upstream but may affect features in the specific area. Activities: FISH =fisheries, HAT=hatcheries, EN=alternative energy projects, SPILL=oil spills and response, MIL=military activities,VES= vessel traffic, DR=dredging and dredge material disposal, MIN=mineral mining,GEO=geologic surveys, POLL=point-source water pollution, PP=power plants, LNG=LNG terminals, DESAL=desalinization plants. Unoccupied Areas species.At the present time,we have with respect to shifts in distribution of The ESA section 3(5)(A)(ii)definition not identified additional specific areas their salmon prey.In accordance with outside the geographic area occupied by NMFS guidance on the treatment of of critical habitat includes unoccupied Southern Resident killer whales that climate change in NMFS ESA decisions areas,which are defined as specific may be essential for the conservation of (NMFS 2016a),we determined that areas outside the geographical area the species.We considered potential there is insufficient evidence to identify occupied by the species at the time it is future impacts that climate change unoccupied areas based on potential listed if such areas are determined to be might have on the geographical area impacts from climate change. essential to the conservation of the occupied by the whales,particularly 49222 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules Application of ESA Section 4(a)(3)(B)(i) identified.For this proposed revision to "with critical habitat"scenario (Military Lands) the designation of Southern Resident describes the incremental impacts Section 4(a)(3)(B)of the ESA prohibits killer whale critical habitat,we associated specifically with the designating as critical habitat any lands identified six"specific"areas off the designation of coastal critical habitat for or other geographical areas owned or coasts of Washington,Oregon,and Southern Resident killer whales.The controlled by DOD,or designated for its California,as described above.For our primary potential impacts of critical use,that are subject to an INRMP economic impact analysis,we defined habitat designation we identified were: prepared under section 101 of the Sikes the"particular areas"to be equivalent (1)The economic costs associated with Act(16 U.S.C.670a),if the Secretary of to the"specific areas."This approach additional administrative effort of Commerce determines in writing that and scale allowed us to most effectively including a coastal critical habitat such a plan provides a benefit n the consider the conservation value of the analysis in section 7 consultations for species for which critical habitat is different areas when balancing Southern Resident killer whales,(2) proposed for designation. conservation benefit of designation impacts to national security,and(3)the DOD(Army,Navy,and Air Force) mere we onsideredeconomic efits of impacts on relationship relationsossible hip with Indian tribm to our es. helped us identify military lands that national security or impacts on tribes, may overlap with areas under Economic Impacts consideration for critical habitat.The we based the"particular areas"on land Na identified two militaryownership or control(e.g.,land The draft Economic Report prepared Navycontrolled by the DOD within which by Industrial Economics,Incorporated installations adjacent these areas, national security impacts may exist,or (thc)sought to determine the impacts on both of which have INRMPs in place for Indian lands).This approach and scale economic activities due to the land-based installation activities:Pacific allowed us to consider impacts and designation of critical habitat,above and Beach Annex,Naval Station Everett, benefits associated with management by beyond—or incremental to—those Washington,and Naval Support the military or land ownership and "baseline"impacts due to existing Activity(NSA)Monterey,California. management by Indian tribes. required or voluntary conservation Based on our review of these plans, efforts being undertaken due to other these two shore-based military areas Identify and Determine Impacts of Federal,State,and local regulations or covered by INRMPs do not overlap the Designation guidelines(IEc 2019).Incremental critical habitat areas,and thus the The primary impact of a critical impacts may include the direct costs critical habitat areas are not"subject to" habitat designation stems from the associated with additional effort for INRMPs or ineligible for designation requirement under section 7(a)(2)of the section 7 consultations(including (see section III.F of the draft ESA ESA that Federal agencies insure that consultations that otherwise would have Section 4(b)(2)Report,NMFS 2019b). their actions are not likely to result in been limited to jeopardy issues, Application of ESA Section 4(b)(2) the destruction or adverse modification reinitiated consultations,or new of critical habitat.Determining this consultations occurring specifically The foregoing discussion describes impact is complicated by the fact that because of the designation)as well as those areas that are eligible for section 7(a)(2)contains the associated the direct costs associated with designation as critical habitat.Specific requirement that Federal agencies must conservation efforts or project areas eligible for designation are not also insure their actions are not likely to modifications that would not have been automatically designated as critical jeopardize the species'(in this case the required under the jeopardy standard. habitat.As described previously,section DPS')continued existence.The true Additionally,incremental impacts may 4(b)(2)of the ESA requires that the impact of this designation is the extent include indirect impacts resulting from Secretary consider the economic impact, to which Federal agencies modify their reaction to the potential designation of impact on national security,and any actions to ensure their actions are not critical habitat and triggering of other relevant impact.The Secretary likely to destroy or adversely modify the additional requirements under State or may exclude an area from designation if critical habitat of the DPS,beyond any local laws intended to protect sensitive he determines the benefits of exclusion modifications they would make because habitat. outweigh the benefits of designation of the DPS'listing and the jeopardy To quantify the economic impact of based on the best available scientific provision,and the associated increase in designation,1&(2019)employed the and commercial information.The consultation costs.Additional impacts following steps: Secretary may not exclude an area from of designation include state and local (1)Identify the baseline of economic designation if exclusion will result in protections that may be triggered as a activity and the statutes and regulations the extinction of the species.Because result of the designation. that constrain that activity in the the authority to exclude is wholly In determining the impacts of absence of the critical habitat discretionary,exclusion is not required designation,consistent with our designation in the additional areas being for any areas(50 CFR 424.19;81 FR regulations(50 CFR 424.19)and policy proposed; 7226;February 11,2016). (81 FR 7226;February 11,2016),we (2)Identify the types of activities that The first step in conducting an ESA focused on identifying the incremental are likely to be affected by critical section 4(b)(2)analysis is to identify the impacts.We examined what the state of habitat designation; "particular areas"to be analyzed. the world would be with and without (3)Project the projects and activities Section 3(5)(A)of the ESA defines the designation of coastal critical habitat identified in Step 2 over space and time critical habitat as"specific areas,"while for Southern Resident killer whales.The based on the best available information section 4(b)(2)of the ESA requires the "without critical habitat"scenario on planned projects,permitting agency to consider certain factors before represents the baseline for the analysis. schedules,or average annual levels of designating any"particular area."The It includes process requirements and activity; ESA and regulations provide the agency habitat protections already afforded (4)Estimate the costs of discretion to determine the scale at Southern Resident killer whales under administrative effort and,where which specific areas(50 CFR 424.12) their Federal listing or under other applicable,conservation efforts or and particular areas(50 CFR 424.19)are Federal,state,and local regulations.The project modifications recommended for Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49223 the activity to comply with the ESA's The identification of these activities and Resident killer whale critical habitat critical habitat provisions; the associated threats are further because they directly or indirectly (5)Apply well-accepted discounting discussed in the draft Biological Report address impacts to the essential features methods to calculate the present value (NMFS 2019a)and the draft Economic of the whales'critical habitat(water cost in each year of the analysis and Report(IEc 2019). quality,prey,and passage). sum over time to calculate the total In steps 3 and 4,the incremental In steps 5 and 6,well-accepted present value and annualized impacts; administrative costs of including discounting methods were used to and analysis of Southern Resident killer (6)Aggregate the costs at the whale coastal critical habitat in future calculate the present value cost in each particular area level.(Impacts are section 7 consultations were estimated. year of the analysis,summed over time reported at the particular area level; The occurrence of the projects and to calculate the total present value and particular areas for the analysis match activities identified in step 2 and the annualized impact,and then aggregated the six specific areas.) estimated number and type of at the particular area level.As noted The first step in the analysis was to consultations were projected over space above,for the economic analysis, identify the baseline level of protection and time using the best available "particular areas"were defined to be already afforded Southern Resident information on planned projects, equivalent to the six"specific areas" killer whales in the additional areas permitting schedules,or average annual occupied by Southern Resident killer being proposed as critical habitat.The level of activities from NUTS' whales off the coasts of Washington, baseline for this analysis is the existing consultation history for 2006-2016 and Oregon,and California.However,due to state of regulation prior to the revision other information sources(e.g.,U.S. the difficulty in determining precise of critical habitat,including the listing Army Corps of Engineers permit and locations of future consultations of the species under the ESA(and project data,and interviews with occurring in Areas 1 and 2 off the coast protections under ESA sections 7,9,and Federal action agencies).The of Washington(because assignment of 10);ESA protections for listed salmon administrative costs of a given the consultation to Area 1 or 2 would given that salmon are included as part consultation vary depending on the type require specific information about the of the prey essential feature of critical (i.e.,informal,formal,programmatic) activity such as its latitude/longitude or habitat for the whales;protections from and specifics of the project,and it may depth),the draft Economic Report other co-occurring ESA listings and not be possible to predict the level of presents economic impacts collectively critical habitat designations,such as effort required for each future for these two areas. those for the Southern DPS of North consultation.The analysis accordingly Additionally,administrative costs of American green sturgeon(50 CFR employed estimated average consultations on upstream activities 226.219)and the leatherback sea turtle incremental administrative costs per were not assigned to a particular critical (50 CFR 226.207);and other Federal, consultation,which were based on the habitat area as there is no information state and local laws and guidelines, expected amount of time spent available to inform the connection such as the Marine Mammal Protection considering adverse modification as part Act,Clean Water Act,and state of future section 7 consultations. between the particular locations of environmental quality laws(IEc 2019). As described in Chapter 2 of the draft upstream activities with the In step 2,the NMFS West Coast Economic Report(IEc 2019),there are downstream effects on particular critical Region's record of section 7 no particular projects or activities for habitat areas.Accordingly,the consultations and NMFS'experience which NMFS considers it likely that incremental economic impacts and professional judgment in section 7 consultation on coastal critical associated with consultations on conducting section 7 consultations were habitat for the killer whales would upstream activities do not reflect the used to identify Federal activities that result in different conservation economic impact of designating any occur within the areas being considered recommendations than section 7 given area,but rather the expanded for Southern Resident killer whale consultation without coastal critical critical habitat as a whole. critical habitat and that may affect the habitat.We regularly consult on the The draft Economic Report(IEc 2019) critical habitat features.Activities types of activities relevant to this estimates the total present value of the occurring adjacent to or upstream of analysis to consider the potential for be those areas that may affect the water jeopardy to the listed killer whales,their quantified incremental impacts quality and prey availability essential listed prey,and other listed species with approximately$600,000 over thee next features within the critical habitat areas overlapping ranges,as well as to 10 years,assuming a seven percent were also identified.These activities consider the potential for adverse discount rate.Total annualized impacts included salmon fisheries and other modification to the critical habitat of are estimated to be$68,000.The fisheries that have incidental bycatch of other listed species—some of which evaluation of costs associated with each salmon,salmon hatcheries,offshore may have similar essential features(e.g., Particular area is complicated by the aquaculture/mariculture,alternative Southern DPS of North American green fact that many activities and energy development,oil spills and sturgeon,for which the essential consultations span more than one area, response,military activities,vessel features within nearshore coastal marine and because costs to Areas 1 and 2 traffic,dredging and dredge material critical habitat include,among others,a could not be estimated separately. disposal,oil and gas exploration and migratory corridor within marine However,annualized impacts from production,geologic surveys(including habitat and water quality with projects occurring in only one area(or seismic surveys),activities contributing acceptably low levels of two in the case of Areas 1 and 2)ranged to point-source water pollution,power contaminants)—and we make from$8,800 for Areas 1/2 to$1,100 for plant operations,liquefied natural gas conservation recommendations Area 6.Over 40 percent of estimated terminals,and desalinization plants. accordingly.We anticipate that it is impacts occur upstream of critical The draft Economic Report assumes that most likely that these baseline habitat areas.The greatest impacts are future occurrences of these activities conservation recommendations would associated with dredging and in-water within or affecting critical habitat for involve measures that would avoid construction and"other"activities(see the whales will result in consultation. adverse modification of Southern IEc 2019 for more details). 49224 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules National Security Impacts determine that sound and energy levels impact on these activities.Separately, During preparations for the proposed from the largest explosives that could be we consider the USCG's concerns revision to Southern Resident killer used in the QRS may cause injuries to regarding potential national security whale critical habitat,we provided DOD fish(i.e.,prey species)out to 10 km impacts to their defense readiness (Navy,Army,and Air Force)with beyond the boundary of the QRS.If the activities to be generally overlapping information regarding the areas under QRS alone were excluded(without the with those of the Navy,given the consideration for Southern Resident buffer),the largest explosives in the similarities in some of the USCG's killer whale critical habitat,and QRS may affect the prey feature within activities(i.e.,gunnery exercises requested they identify areas they own proposed critical habitat(in the buffer involving small-and large-caliber or control which may overlap with the area).The Navy argued that there would projectiles,similar to the Navy's areas under consideration.We also be national security impacts if NMFS surface-to-surface gunnery exercises) asked them to identify any impacts to required additional mitigation that and area of operations(i.e.,generally the national security that might arise from resulted in the Navy having to halt, NWTRC).At this time,the Navy has the proposed designation of critical reduce in scope,or geographically/ only been able to express concerns habitat.In addition,we considered seasonally constrain testing activities to about national security impacts to information regarding potential national prevent adverse effects or adverse testing activities conducted in the QRS, security impacts provided by the U.S. modification of critical habitat. including underwater explosions Coast Guard(USCG;Department of The USCG also provided information associated with mine countermeasure Homeland Security)in their response to on potential impacts to national security and neutralization testing activities. our 90-day finding on the petition to and maritime safety.The USCG stated Pending discussions between the Navy revise critical habitat. that expanded critical habitat might and NMFS will help the Navy The Army did not provide a response. impair their ability to safely conduct determine if there are other national The Air Force stated that it had not defense readiness and additional security impacts from the proposed identified any significant concerns with missions if the designation results in critical habitat designation.The USCG the proposed revision of Southern restrictions to the ability of USCG does not use these types of explosives Resident killer whale critical habitat to maritime assets to transit,deploy,train, in their defense readiness activities,and include coastal waters along the U.S. and/or conduct gunnery exercises thus we consider it unlikely that the West Coast.The Navy stated that they within the critical habitat areas.These USCG would have national security conduct training and testing activities, additional missions include emergency concerns beyond those conveyed by the collective) referred to as"g act response,search and rescue,law Navy. y �' enforcement,conservation activities, As documented in our draft ESA readiness activities,"within the coastal and training operations.With respect to Section 4(b)(2)Report(NUTS 2019b), areas being considered for designation ery exercises,the noted that we assessed several factors to evaluate as critical habitat.Specifically,military USCG Section/Station/Maritime Force the potential impacts of designating readiness activities occur in the offshore Protection Unit boats are limited to critical habitat within the QRS and a 10- Pacific Northwest Ocean Surface/ going a maximum of 10 to 50 mi(16— km buffer around it,such as the size and Subsurface Operating Area(OPAREA), 80.5 km)offshore depending on vessel percentage of the QRS and buffer that Warning Area 237(W-237),and the type,and requiring them to go over 50 would be designated;the importance of Olympic A and B Military Operation mi would be unsafe and provide the area to the Navy mission and Areas(MOA),which are all considered unrealistic training/gunnery scenarios to military readiness;the likelihood that at-sea components of the Northwest effectively become proficient with Navy activities would destroy or Training Range Complex(NWTRC),as meeting mission objectives.In general, adversely modify critical habitat and well as in the Quinault Range Site USCG Sector/Station assets conduct that NMFS would require project (QRS),which is a component of the gunnery exercises with small arms and modification to avoid adverse effects or Keyport Range Complex.The Navy ammunition,pistols,and up to.50 modification of critical habitat,thus refers to all the at-sea areas used for caliber machine guns.Major afloat potentially negatively impacting the training and testing as the Northwest cutters conduct exercises with small effectiveness of the Navy's training and Training and Testing(NWTT)study arms and ammunition,in addition to testing activities);the level of protection area.The Navy believes there would be more sophisticated systems(i.e.,25 provided to one or more essential national security impacts where specific millimeter(mm),57 mm,and 76 mm features by existing DOD safeguards coastal areas 1 and 2 proposed for guns,close-in weapon systems),but (e.g.,management or protection already designation overlap with the QRS.The rarely conduct exercises in the areas in place);and the likelihood that other Navy requested exclusion of the QRS under consideration for critical habitat, Federal actions may occur in the site (including its associated surf zone off with the exception of the NWTRC. that would no longer be subject to the the coast of Pacific Beach,Washington) Although we have not conducted a critical habitat provision if the from the proposed critical habitat based section 7 analysis on a particular particular area were excluded from the on national security impacts arising proposed action and we are not designation. from additional mitigation requirements predetermining any future ESA Other Relevant Impacts Impacts to that have the potential to impact the conclusions now,as a general matter, Tribal Sovereignty and Self-Governance effectiveness of ongoing and future and based on the information currently testing activities(NMFS 2019b).During available,we consider it unlikely that The longstanding and distinctive the pre-publication inter-agency review the USCG's routine operations in relationship between the Federal and process for this proposed rule,the Navy support of emergency response, tribal governments is defined by also requested exclusion of a 10-km(6.2 homeland security,law enforcement, treaties,statutes,executive orders, mi)buffer around the QRS.The Navy and conservation affect the essential judicial decisions,and agreements, stated that they used site-specific features of Southern Resident killer which differentiate tribal governments oceanographic conditions and the best whale critical habitat,and as such,we from other entities that interact with,or available science establishing fish injury do not expect designation of critical are affected by,the Federal government. thresholds(Popper et al.2014)to habitat will have a national security This relationship has given rise to a Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49225 special Federal trust responsibility Dee-Ni'Nation,Wiyot Tribe,and Yurok for possible exclusion).We have broad involving the legal responsibilities and Tribe in California.We also identified discretion as to what factors to consider obligations of the United States toward the non-federally recognized Wintu as benefits of designation and benefits of Indian tribes and with respect to Indian Tribe of Northern California. exclusion,and what weight to assign to lands,tribal trust resources,and the We contacted each of these tribes to each factor—nothing in the ESA,its exercise of tribal rights.Pursuant to solicit comments regarding Indian lands implementing regulations,or our Policy these authorities,lands have been that may overlap and mqy warrant Regarding Implementation of Section retained by Indian tribes or have been exclusion from critical habitat for 4(b)(2)of the ESA("4(b)(2)Policy") set aside for tribal use.These lands are Southern Resident killer whales.We limits this discretion(50 CFR 424.19;81 managed by Indian tribes in accordance also sought information from these FR 7226,February 11,2016).We also with tribal goals and objectives within tribes concerning other tribal activities relied on a qualitative cost-benefit the framework of applicable treaties and that may be affected in areas other than analysis,as described in OMB Circular laws.Executive Order(E.O.)13175, tribal lands(e.g.,tribal fisheries in usual A-4. Consultation and Coordination with and accustomed coastal marine areas). Benefits of Designation Indian Tribal Governments,outlines the We received responses from two responsibilities of the Federal tribes in Washington and California. The primary benefit of designation is Government in matters affecting tribal The tribes were primarily concerned the protection afforded under section 7 interests. with the potential impact of the critical of the ESA,requiring all Federal There is a broad array of activities on habitat designation on tribal fisheries, agencies to ensure their actions are not Indian lands that may trigger ESA particularly within U&A fishing areas likely to destroy or adversely modify section 7 consultations.Indian lands are located in coastal marine waters.As designated critical habitat.This is in those defined in the Secretarial Order described in the draft Economic Report, addition to the requirement that all American Indian Tribal Rights,Federal- while it is possible that the critical Federal agencies ensure their actions are Tribal Trust Responsibilities,and the habitat designation could result in not likely to jeopardize the continued Endangered Species Act(June 5,1997), recommendations for changes in fishery existence of the species.The revision to including:(1)Lands held in trust by the management,we consider this unlikely, the critical habitat designation is also United States for the benefit of any given the existing consideration of expected to provide benefits by Indian tribe;(2)land held in trust by the fisheries'impacts on Southern Resident informing the entities engaged in United States for any Indian tribe or killer whales and their prey(including section 7 consultations and the general individual subject to restrictions by the ESA-listed salmon)in ESA section 7 public about the status of Southern United States against alienation;(3)fee consultations in the jeopardy analysis Resident killer whales,including the lands,either within or outside the and the implementation of management coastal areas and features(or habitat) reservation boundaries,owned by the strategies and actions for the important to whales'conservation. tribal government;and(4)fee lands conservation and recovery of these Other forms of benefits that may be within the reservation boundaries species(IEc 2019).However,we will attributed to the conservation and owned by individual Indians. continue to coordinate and consult with recovery of Southern Resident killer In developing this proposed rule,we potentially affected tribes as we move whales(although not specifically reviewed maps and did not identify any forward with the rulemaking process. attributed to the designation of critical areas under consideration as coastal Exclusion of Areas Under Section habitat),include use benefits(e.g.,for critical habitat that overlap with Indian 4(b)(2)of the ESA wildlife viewing),non-use or passive lands,because the shoreward extent of use benefits(e.g.,existence,option,and the areas under consideration for As stated previously,the Secretary bequest values),and ancillary ecosystem designation is 6.1 in(20 ft)water depth. may exclude an area from designation if service benefits(e.g.,water quality Based on this,we preliminarily found he determines the benefits of exclusion improvements and enhanced habitat that there were no Indian lands subject outweigh the benefits of designation conditions for other marine and coastal to consideration for possible exclusion. based on the best available scientific species).Some species,including However,our preliminary assessment and commercial information.This Southern Resident killer whales,also indicated that the following federally- discretion is limited,however,in that have significant spiritual and cultural recognized tribes(83 FR 4235;January the Secretary may not exclude an area value to particular communities,such as 30,2018)have lands that may be in from designation if exclusion will result tribes.Such values are generally not close proximity to areas under in the extinction of the species(ESA expressed in monetary terms. consideration for designation as critical section 4(b)(2)). These benefits are not directly habitat for Southern Resident killer We decided to exercise the discretion comparable to the costs of designation whales,have usual and accustomed delegated to us by the Secretary to for purposes of conducting the section (U&A)fishing areas that overlap with conduct an exclusion analysis and 4(b)(2)analysis.Ideally,benefits and critical habitat areas,or may otherwise balance the benefits of designation costs should be compared on equal be affected:Confederated Tribes of the against the benefits of exclusion. terms in the same units.However,there Chehalis Reservation,Hoh Indian Tribe, Benefits of critical habitat designation is insufficient information regarding the Makah Indian Tribe,Quileute Tribe, are those conservation benefits to the extent of the benefits and the associated Quinault Indian Nation,and Shoalwater species,while benefits of exclusion values to monetize all of these benefits. Bay Indian Tribe in Washington; result from avoiding the impacts of Because we could not quantify or Confederated Tribes of Coos,Lower designation identified above.Below we monetize all of the benefits of revising Umpqua,and Siuslaw Indians, describe the benefits of designation, the critical habitat designation for Confederated Tribes of the Siletz then further consider and weigh the Southern Resident killer whale Indians,and Coquille Indian Tribe in benefits of designation and exclusion discussed above,we qualitatively Oregon;and Cher-Ae Heights Indian based on economic and national described the conservation value of the Community of the Trinidad Rancheria, security impacts. (As discussed above, areas to the DPS. Hoopa Valley Tribe,Karuk Tribe,Big we preliminarily found that there were As discussed in Appendix B of the Valley Band of Pomo Indians,Tolowa no Indian lands subject to consideration draft ESA Section 4(b)(2)Report(NMFS 49226 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 2019b),we considered categories of expected based on monitoring effort affected.This reflects approximately six information to characterize Southern (Hanson et al.2013),the documented consultations per year that may involve Resident killer whales'relative use of use by all three pods,year-round use of non-federal entities,for example, the particular areas and the importance the areas,and observations of foraging businesses engaged coastal and in-water of physical and biological features in the with a substantial number of prey construction activities,renewable areas.However,gaps in or limitations of samples collected in portions of the energy developments,or seismic existing data made an evaluation across areas. surveys. all of the areas using any sort of For these reasons,we conclude that Weighing Economic Impacts the economic benefit of excluding an quantitative scoring system challenging. g Y For example,the proportion of prey The draft Economic Report(IEC 2019) of the particular areas does not samples collected from each area might concluded that costs attributed to the outweigh the conservation benefit of be used to characterize the areas' revision of the Southern Resident killer designation.Therefore,none of the areas relative importance for foraging,where whale critical habitat designation are are proposed for exclusion based on a higher proportion of samples might largely administrative in nature and that economic impacts. indicate greater foraging or prey a majority of those costs are borne by Weighing Impacts to National Security resources.However,nearly all(93 Federal agencies.Only a small cost of and Proposed Exclusion percent)of the prey samples were consultation(total annualized impacts collected during field efforts directed by of$7,800,discounted at seven percent) As described above,we consulted the locations of satellite-tagged whales, are estimated to be borne by a small with the DOD regarding the activities and satellite-tagged whales did not go number(1-8)of non-Federal small taking place at sites managed by DOD into Area 6,so this metric would entities(businesses or governments). and the potential impact of designating underestimate the conservation value of In accordance with section 4(b)(2)of critical habitat at these sites.A reply Area 6.(Predation has been observed the ESA,its implementing regulations from the Air Force stated:"At this time but not sampled in Area 6;Black et al. (50 CFR 424.19)and the 4(b)(2)Policy the AF has not identified any significant 2001).Any spatial bias in NMFS'and (81 FR 7226;February 11,2016),in concerns with the proposed addition of partners'ability to conduct on-water evaluating the exclusion of areas based Southern Resident killer whale critical response particular locations to on probable economic impacts,we habitat to coastal waters along the U.S. collect prey samples would also limit considered the nature of those impacts West Coast as depicted on the provided the usefulness of this factor for and not a particular threshold level. map."The Navy stated that they believe comparing relative importance of the Additionally,we considered the there would be national security critical habitat areas.Another potential following factors: impacts where critical habitat coastal metric we considered was the (1)Section 2 of the ESA provides that areas 1 and 2 overlap the QRS, proportion of confirmed opportunistic a purpose of the act is to provide a including its associated surf zone off the means whereby the ecosystems upon coast of Pacific Beach,Washington,and sightings of Souther Resident killer hales observed in the area,or number which endangered species and a 10-km buffer around it,and requested whalesthreatened species depend may be exclusion of this particular area from of while opportunistic sightings data conserved. critical habitat.The Navy provided w while o information on when and where (2)In listing Souther Resident killer information on testing activities P whales under the ESA,we concluded proposed in the QRS beyond 2020 and whales occur along the coast,they are that the current and threatened into the foreseeable future,and less useful for informing a relative destruction or adverse modification of identified national security concerns ranking of the whales'use of the the species'habitat is likely contributing regarding potential impacts to their specific areas due to their spatial bias to fluctuations in abundance and national mission and ongoing and future (e.g.,sightings may be influenced by exacerbating the risk of extinction Navy testing activities if critical habitat locations of population centers or whale naturally faced by a small population were designated there or within a 10-km watching operations).Therefore,we (70 FR 69903,November 18,2005).We buffer around the QRS. determined that the most appropriate identified contaminants,vessel traffic, We weighed the conservation benefits approach was to qualitatively assess the and changes in prey availability as of designation to Souther Resident conservation value of each area using factors that have modified the whales' killer whales against the benefits of the available data,mindful of the spatial habitat and considered them to be exclusion,initially for the Navy's QRS, and temporal gaps and potential biases. Heats to the species. and later during the pre-publication Based on the available information on (3)As described above,the six inter-agency review period,the the whales'use of the areas(and particular areas under consideration for combined area of the QRS and a 10-km considering gaps in information),and critical habitat designation are all of buffer around it.We considered various the physical and biological features hih or very high conservation value. factors relevant to assessing the benefits essential to the whales'conservation, f4)The economic impacts to Federal of exclusion including: we considered the conservation value of agencies and non-Federal entities of (1)The size of the DOD site,the each coastal area to be high.However, designating each of the six particular percentage of the DOD site that would we considered the value of Areas 1 and areas are small(the largest annualized be designated(because only a portion of 2 to be very high relative to the other impacts are$8,800 in Areas 1 and 2 the DOD site is within critical habitat), coastal areas,given the whales' combined),as is the annualized and the percentage of the proposed particularly high use of portions of the economic impact of designating the specific area(s)that overlaps with the areas,as indicated by models of satellite entire area($68,000).The potential DOD site(because the DOD site overlaps tag data(they are the only coastal economic impacts bore by non-federal with only a portion of the critical critical habitat areas with usage in some entities of designating all six areas are habitat area(s)); locations that is more than two and even smaller(total annualized impacts (2)The importance of the area to the three standard deviations above the of$7,800 over the next ten years, Navy's national mission(e.g., mean),acoustic data indicating higher discounted at 7 percent),with one to frequency/intensity of use,complexity rates of detections than would be eight non-federal entities expected to be of Navy actions within it,and Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49227 significance and uniqueness of the site mit(6,630 km2)),the total designation Effects of Critical Habitat Designation to the overall Navy mission); would comprise approximately 18,186.5 Section 7(a)(2)of the ESA requires (3)The likelihood of a consultation mit(47,102.7 km2).In both the currently Federal agencies,including NMFS,to with the DOD in this site; designated and proposed new critical ensure that any action authorized, (4)The likelihood that DOD activities habitat,areas with water less than 20 ft funded or carried out by the agency would destroy or adversely modify (6.1 m)deep are not included as critical (agency action)is not likely to critical habitat;based on the DOD's habitat.As described in the preamble to jeopardize the continued existence of activities at the site,and that NMFS the final rule designating critical habitat any threatened or endangered species or would require project modifications to in inland waters(71 FR 69054; destroy or adversely modify designated reduce or avoid these impacts; November 29,2006),due to a lack of critical habitat.When a species is listed (5)The level of protection provided to bathymetry data,we were not able to or critical habitat is designated,Federal one or more essential feature by existing subtract the shallow areas from the agencies must consult with us on any y DOD safeguards(e.g.,management or protection already in place);and estimate of the inland critical habitat agency action that may affect the listed (6)The likelihood that other Federal area,so the estimated area of this species or its critical habitat.During the actions may occur in the site that would Portion of the critical habitat is an consultation,we evaluate the agency no longer be subject to the critical overestimate.However,high-quality action to determine whether the action habitat provision if the particular area shoreline and bathymetry data were may adversely affect listed species or were excluded from the designation. available for the outer coastal areas,so critical habitat and issues our finding in Dependent on available information, we were able to interpolate a 20-ft depth a biological opinion.If we conclude in each of these factors may weigh either contour as the inshore boundary and the biological opinion that the agency in favor of exclusion of the area or in include only the areas proposed for action would likely result in the favor of designation of the area.We give designation in the coastal area destruction or adverse modification of great weight to the national security and calculations.However,the coastal critical habitat,we would also defense missions(81 FR 7226;February shoreline product we used to delineate recommend any reasonable and prudent 11,2016).We weighed this information the coastal areas,NOAA's Continually alternatives to the action.Reasonable against the benefits of designating the Updated Shoreline Product,uses mean and prudent alternatives are defined in site,which was based on the high water as the vertical datum(the 50 CFR 402.02 as alternative actions conservation value rating for the surface of zero elevation to which identified during formal consultation specific area(s)overlapping the DOD heights are referenced),so the inshore that can be implemented in a manner site,as well as more specific boundary of coastal critical habitat is 20 consistent with the intended purpose of information regarding Southern ft of water depth relative to mean high the action,that are consistent with the Resident killer whale use of the DOD water.This is in contrast to the inshore scope of the Federal agency's legal site.As documented in the draft ESA boundary for critical habitat in inland authority and jurisdiction,that are Section 4(b)(2)Report(NMFS 2019b), waters,which uses 20 ft water depth economically and technologically based on the great weight afforded relative to extreme high water. feasible,and that would avoid the military impacts,the unique training in The proposed areas are occupied and destruction or adverse modification of support of military readiness that occurs critical habitat. within the RS,and the potential dela contain physical or biological features Regulations at 50 CFR 402.16 require in critical missions in orer to complete that are essential to the conservation of Federal agencies that have retained adverse modification analyses,we p the species and that may require special discretionary involvement or control found that the national security impacts management considerations or over an action,or where such tip the scale and outweigh the limited protection.The Navy's QRS and a 10- discretionary involvement or control is impact to conservation values in just km buffer around it is not proposed for authorized by law,to reinitiate over one-fourth of the identified critical designation(and is not included in the consultation on previously reviewed habitat Areas 1 and 2 where those areas area calculations above)because we actions in instances where:(1)Critical overlap with the QRS and a 10-km determined the benefits to national habitat is subsequently designated;or buffer around it.We determined that the security of exclusion(that is,avoiding (2)new information or changes to the benefit to national the impact that would result from action may result in effects to critical this particular area outweighs theludig designation)outweigh the benefits of habitat not previously considered in the conservation benefit of designation,and designation.We determined that the biological opinion.Consequently,some exclusion of the area would not result economic benefits of excluding any of Federal agencies may request in extinction of the species(DPS).We the areas do not outweigh the benefits reinitiation of consultation or therefore propose excluding the QRS of designation,and we are therefore not conference with NMFS on actions for and a 10-km buffer around it from the proposing to exclude any areas based on which formal consultation has been critical habitat designation.The total economic impacts.Section 4(b)(2)does completed,if those actions may affect area proposed for exclusion is 1,687.9 not allow the agency to exclude areas if designated critical habitat.Activities mit(4,371.5 km2)or 9.7 percent of exclusion will result in extinction of the subject to the ESA section 7 potential coastal critical habitat. species.We are proposing to exclude consultation process include activities only a small percentage of the whales' on Federal lands,as well as activities Proposed Critical Habitat Designation habitat(9.7 percent of coastal habitat; requiring a permit or other authorization We are proposing to designate 8.0 percent of coastal and inland habitat from a Federal agency(e.g.,a section approximately 15,626.6 mit(40,472.7 combined)because of impacts to 10(a)(1)(B)permit from NMFS),or some km2)of marine habitat within the area national security.Given this small other Federal action,including funding occupied by Southern Resident killer percentage,we conclude that the (e.g.,Federal Highway Administration whales along the coasts of Washington, exclusion of these areas will not result (FHA)or Federal Emergency Oregon,and California.Combined with in extinction of the Southern Resident Management Agency(FEMA)funding). the currently designated critical habitat killer whale DPS.No unoccupied areas ESA section 7 consultation would not in inland waters of Washington(2,560 are currently proposed for designation. be required for Federal actions that do 49228 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules not affect listed species or critical descriptions of critical habitat are the area as critical habitat,including habitat,and would not be required for definitive source for determining the information on the types of Federal actions on non-Federal and private critical habitat boundaries and the actions that may affect the area's lands that are not carried out,funded, overview map is provided for general physical and biological features;(5) or authorized by a Federal agency. guidance purposes only.In 2012,NMFS information regarding potential impacts Activities That May Be Affected and the U.S.FWS revised the ESA of designating any particular area, implementing regulations to specify that including the types of Federal actions ESA section 4(b)(8)requires,to the the boundaries of critical habitat as that may trigger an ESA section 7 maximum extent practicable,in any mapped or otherwise described in the consultation and the possible proposed regulation to designate critical regulations will be the official modifications that may be required of habitat,an evaluation and brief delineation of the designation(77 FR those activities;(6)current or planned description of those activities(whether 25611;May 1,2012).To comply with activities in the areas proposed as public or private)that may adversely this revision,we propose to delete the critical habitat,including both Federal modify such habitat or that may be second and third sentences of the and non-Federal activities,and costs of affected by such designation.A wide introductory paragraph of 50 CFR potential modifications to those variety of activities may affect the 226.206,and replace them with the activities due to critical habitat proposed critical habitat and may be following sentence:"The maps,clarified designation;(7)any foreseeable subject to the ESA section 7 by the textual descriptions in this economic,national security,or other consultation processes when carried section,are the definitive source for relevant impact resulting from the out,funded,or authorized by a Federal determining the critical habitat proposed designations;(8)potential for agency.These include:(1)Salmon boundaries." impacts to small businesses and fisheries and other fisheries that have Second,the existing regulations government entities;(9)information incidental bycatch of salmon;(2)salmon specify primary constituent elements pertaining to administrative costs of hatcheries;(3)offshore aquaculture/ (PCE)essential for conservation of participating in consultation or,more mariculture;(4)alternative energy Southern Resident killer whales.In specifically,related to considering development;(5)oil spills and response; 2016,NMFS and the U.S.FWS revised critical habitat as part of section 7 (6)military activities;(7)vessel traffic; the ESA implementing regulations to consultations;(10)foreseeable project (8)dredging and dredge material remove the term PCE and replaced it delays resulting from the proposed disposal;(9)oil and gas exploration and with the statutory term"physical or designation and the associated costs of production;(10)mineral mining biological features"(81 FR 7226; delays;(11)any specific impacts to (including sand and gravel mining);(11) February 11,2016).These are also Indian tribes or other relevant tribal geologic surveys(including seismic referred to as"essential features."To issues;(12)whether the data used in the surveys);and(12)upstream activities comply with this revision,we propose economic analysis needs to be updated; (including activities contributing to to revise 50 CFR 226.206(c)by replacing and(13)whether there are additional point-source water pollution,power the term PCE with the term"essential particular areas that should be plant operations,liquefied natural gas features." considered for exclusion under ESA terminals,desalinization plants). Third,we propose to move the map(s) section 4(b)(2)(e.g.,a particular area Private or non-Federal entities may to the end of the section to encompassing the San Francisco Traffic also be affected by the proposed critical accommodate the additional text Separation Scheme). habitat designation if a Federal permit is necessary to describe the added, You may submit your comments and required,Federal funding is received,or proposed critical habitat areas. materials concerning this proposal by the entity is involved in or receives Public Comments Solicited any one of several methods(see benefits from a Federal project.These ADDRESSES).The proposed rule and activities would need to be evaluated We solicit comments or suggestions supporting documentation can be found with respect to their potential to destroy from the public,other concerned on our website at or adversely modify Southern Resident governments and agencies,the scientific W,cv,westcoastfisheries.noaa.gov/ killer whale critical habitat. community,industry,non-governmental protected species/marine mammals/ Questions regarding whether specific organizations,or any other interested killer whole%ritical habitat.html or the activities would constitute destruction party concerning the proposed Federal E-Rulemaking Portal at or adverse modification of critical designations and exclusions as well as www.regulations.gov/ habitat should be directed to NMFS(see the documents supporting this proposed #!docketDetail;D=NOAH-NMFS-2014- ADDRESSES and FOR FURTHER rulemaking.We are particularly 0041.In preparing the final rule,we will INFORMATION CONTACT).As noted in the interested in comments and information consider all comments pertaining to the Public Comments Solicited section in the following areas:(1)Specific revision to the designations received below,NMFS also requests information information describing the distribution during the comment period. on the types of non-Federal activities and habitat use of Southern Resident Accordingly,the final decision may that may be affected by this rulemaking. killer whales in coastal waters, differ from this proposed rule. Technical Changes to the Southern including southeast Alaska or shallow Public g areas with less than 20 ft(6.1 m)of Hearings Resident Killer Whale Critical Habitat water;(2)information on the Agency regulations at 50 CFR Regulations identification,location,and the quality 424.16(c)(3)require the Secretary to In addition to proposing the of physical or biological features that promptly hold at least one public designation of coastal critical habitat, may be essential to the conservation of hearing if any person requests one we propose to make three technical the species,including information on within 45 days of publication of a changes to the existing Southern sound as a feature;(3)the boundaries of proposed rule to designate critical Resident killer whale critical habitat the specific areas and whether they habitat.Public hearings provide the regulations in 50 CFR 226.206.First,the should be combined into a single unit; opportunity for interested individuals introductory paragraph of the existing (4)information regarding potential and parties to give comments,exchange regulations states that the textual benefits of designating any particular information and opinions,and engage in Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49229 a constructive dialogue concerning this Executive Order 12866,Regulatory Executive Order 12988,Civil Justice proposed rule.We encourage the Planning and Review,and Executive Reform public's involvement in such ESA Order 13771,Reducing Regulation and matters.Any scheduled public hearings Controlling Regulatory Costs In accordance with E.O. 12988,we will be announced in a separate notice. have determined that this proposed rule Requests for additional public hearings OMB has determined that this does not unduly burden the judicial must be made in writing(see proposed rule is significant for purposes system and meets the requirements of ADDRESSES)by November 4,2019. of E.O.12866 review.A draft Economic sections 3(a)and 3(b)(2)of the E.O.We Report(IEc 2019)and draft ESA Section are proposing to designate critical References Cited 4(b)(2)Report(NMFS 2019b)have been habitat in accordance with the re ared to support the exclusion provisions of the ESA.This proposed A complete list of all references cited Process under section 4(b)(2)of the ESA rule uses standard property descriptions p in this proposed rule can be found on and identifies the essential features and our consideration of alternatives to our website at this rulemaking as required under EO within the designated areas to assist the www.westcoastfisheries.noaa.gov/ To review these documents .,se.e public in understanding the habitat protected species/marine_mammals/ 12866. needs of Southern Resident killer killer_whale%ritical_habitat.html or the the ADDRESSES section above. whales. Federal e-Rulemaking Portal at We have estimated the costs for this Executive Order 13132,Federalism www.regulations.gov/ proposed rule.Economic impacts #!docketDetail;D=NOAA-NMFS-2014- associated with this rule stem from the The E.O.on Federalism,Executive 0041,and is available upon request from ESA's requirement that Federal agencies Order 13132,requires agencies to take the NMFS West Coast Region office in ensure any action authorized,funded,or into account any federalism impacts of Seattle,Washington(see ADDRESSES). carried out will not likely jeopardize the regulations under development.It continued existence of any endangered includes specific consultation directives Classification or threatened species or result in the for situations in which a regulation may Executive Order 12630, Takings destruction or adverse modification of preempt state law or impose substantial critical habitat.In practice,this requires direct compliance costs on state and Under E.O. 12630,Federal agencies Federal agencies to consult with NMFS local governments(unless required by must consider the effects of their actions whenever they propose an action that statute).Pursuant to E.O. 13132,we on constitutionally protected private may affect a listed species or its determined that this proposed rule does property rights and avoid unnecessary designated critical habitat,and then to not have significant federalism effects takings of property.A taking of property modify any action that could jeopardize and that a federalism assessment is not includes actions that result in physical the species or adversely affect critical required.However,in keeping with invasion or occupancy of private habitat.Thus,there are two main Department of Commerce policies and property,and regulations imposed on categories of costs:Administrative costs consistent with ESA regulations at 50 private property that substantially affect associated with completing CFR 424.16(c)(1)(ii),we will request its value or use.In accordance with E.O. consultations,and project modification information for this proposed rule from 12630,the proposed rule does not have costs.Costs associated with the ESA's the appropriate state resources agencies significant takings implications.A requirement to avoid jeopardizing the in Washington,Oregon,and California. takings implication assessment is not continued existence of a listed species The proposed designation may have required.The designation of critical are not attributable to this rule,as that some benefit state and local resource habitat affects only Federal agency requirement exists in the absence of the agencies in that the proposed rule more actions(i.e.,those actions authorized, critical habitat designation. clearly defines the physical and g biological features essential to the funded,or carried out by Federal The draft Economic Report(IEc 2019) conservation of the species and the agencies).Therefore,the critical habitat identifies the total estimated present coastal areas in which those features are designation does not affect landowner value of the quantified impacts above found.While this designation would not actions that do not require Federal current consultation effort to be alter where and what non-Federally funding or permits.This designation approximately$600,000 over the next sponsored activities may occur,it may would not increase or decrease the 10 years.Assuming a 7 percent discount assist local governments in long-range current restrictions on private property rate on an annualized basis,the impacts planning(rather than waiting for case- concerning take of Southern Resident are estimated to be$68,000 per year. by-case ESA section 7 consultations to killer whales,nor do we expect the final These total impacts include the occur). critical habitat designation to impose additional administrative efforts Where state and local governments substantial additional burdens on land necessary to consider critical habitat in require approval or authorization from a use or substantially affect property section 7 consultations.Coast-wide, Federal agency for actions that may values.Additionally,a final critical economic impacts are expected to be affect critical habitat,consultation habitat designation would not preclude small and largely associated with the under section 7(a)(2)would be required. the development of Habitat administrative costs borne by Federal While non-Federal entities that receive Conservation Plans and issuance of agencies.While there are expected Federal funding,assistance,or permits, incidental take permits for non-Federal beneficial economic impacts of or that otherwise require approval or actions.Owners of areas included designating critical habitat,there are authorization from a Federal agency for within the proposed critical habitat insufficient data available to monetize an action,may be indirectly impacted designation would continue to have the those impacts(see Benefits of by the designation of critical habitat,the opportunity to use their property in Designation section). legally binding duty to avoid ways consistent with the survival of destruction or adverse modification of listed Southern Resident killer whales. This proposed rulemaking is expected critical habitat rests only on the Federal to be regulatory under E.O. 13771. agency. 49230 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules Executive Order 13175,Consultation Dee-Ni'Nation,Wiyot Tribe,and Yurok the whales in inland waters of and Coordination With Indian Tribal Tribe in California.We also identified Washington(71 FR 69054).NMFS is Governments the non-federally recognized Wintu now proposing to expand the critical The long-standing and distinctive Tribe of Northern California. habitat designating by adding waters relationship between the Federal and As discussed above,we contacted along the Pacific Coast between Cape tribal governments is defined by each of these tribes to solicit comments Flattery,Washington and Point Sur, treaties,statutes,executive orders, regarding Indian lands that may overlap California.The objective of the rule is to judicial decisions,and agreements, and may warrant exclusion from critical utilize the best scientific and which differentiate tribal governments habitat for Southern Resident killer commercial information available to from the other entities that deal with,or whales.We also sought information expand critical habitat for the Southern are affected by,the Federal Government. from these tribes concerning other tribal Resident killer whale to best meet the This relationship has given rise to a activities that may be affected in areas conservation needs of the species in special Federal trust responsibility other than tribal lands(e.g.,tribal order to meet recovery goals.Section involving the legal responsibilities and fisheries in usual and accustomed 4(a)(3)(A)(ii)of the ESA allows NMFS to obligations of the United States toward coastal marine areas).We will continue revise designations to critical habitat as Indian Tribes and with respect to Indian to consult with affected tribes regarding appropriate and is the legal basis for this lands,tribal trust resources,and the this proposal to designate critical rule.This proposed rule will not impose exercise of tribal rights.Pursuant to habitat. any recordkeeping or reporting these authorities,lands have been Executive Order 13211,Energy Supply, requirements on small entities and will retained by Indian Tribes or have been Distribution,and Use not duplicate,overlap,or conflict with any other laws or regulations. set aside for tribal use.These lands are E.O. 13211 requires agencies to The expansion of critical habitat for managed by Indian Tribes in accordance prepare a Statement of Energy Effects the Southern Resident killer whales is with tribal goals and objectives within when undertaking a"significant energy expected to have a limited economic the framework of applicable treaties and action."According to Executive Order impact,on the order of$68,000 laws.E.O.13175,Consultation and 13211,"significant energy action" annualized over 10 years.The nature of Coordination with Indian Tribal means any action by an agency that is these costs are administrative efforts to Governments,outlines the expected to lead to the promulgation of consider potential for adverse responsibilities of the Federal a final rule or regulation that is a modification part of future ESA section Government in matters affecting tribal significant regulatory action under 7 consultations.Primarily,consultations interests. Executive Order 12866 and is likely to are between NMFS and Federal action There is a broad array of activities on have a significant adverse effect on the agencies to evaluate the potential for Indian lands that may trigger ESA supply,distribution,or use of energy. projects and activities to result in section 7 consultations.In developing We have considered the potential adverse modification of critical habitat. this proposed rule to revise Southern impacts of this action on the supply, Therefore,most incremental impacts are Resident killer whale critical habitat,we distribution,or use of energy and find borne by NMFS and other Federal reviewed maps and did not identify any the revision to the designation of critical agencies and not by private entities or areas under consideration for critical habitat will not have impacts that small governmental jurisdictions. habitat along the coast that overlap with exceed the thresholds identified in However,some consultations may Indian lands,because the shoreward OMB's memorandum M-01-27, include third parties(e.g.,project extent of the areas under consideration Guidance for Implementing E.O. 13211 proponents or landowners)that may be for designation is 6.1 in(20 ft)water (See IEc 2019). small entities.These third parties may depth.Based on this,we preliminarily bear some portion of the administrative found that there were no Indian lands Regulatory Flexibility Act consultation costs. subject to consideration for possible Under the Regulatory Flexibility Act Of the activities for which future exclusion.However,as discussed above, (RFA)(5 U.S.C.601 et seq.),as amended consultations are forecast and expected our preliminary assessment indicated by the Small Business Regulatory to result in incremental economic that some federally-recognized tribes(83 Enforcement Fairness Act(SBREFA)of impacts due to the expanded critical FR 4235;January 30,2018)have lands 1996,whenever an agency publishes a habitat designation,only a subset that may be in close proximity to areas notice of rulemaking for any proposed involve third parties that may be small under consideration for designation as or final rule,it must prepare and make entities.Specifically,consultations on critical habitat for Southern Resident available for public comment a renewable energy development, killer whales,have usual and regulatory flexibility analysis that dredging and in-water construction,and accustomed fishing areas that overlap describes the effects of the rule on small seismic surveying may involve small with critical habitat areas,or may entities(i.e.,small businesses,small entities,including small businesses or otherwise be affected.These include: organizations,and small government governments.The analysis anticipates Confederated Tribes of the Chehalis jurisdictions).We have prepared an approximately six consultations on in- Reservation,Hoh Indian Tribe,Makah initial regulatory flexibility analysis water and coastal construction activities Indian Tribe,Quileute Tribe,Quinault (IRFA),which is part of the draft per year,0.5 consultations on renewable Indian Nation,and Shoalwater Bay Economic Report(lEc 2019).This energy development,and 0.1 Indian Tribe in Washington; document is available upon request and consultations on seismic surveys.While Confederated Tribes of Coos,Lower online(see ADDRESSES).The analysis is the activity forecast includes less than Umpqua,and Siuslaw Indians, summarized below. one consultation annually on renewable Confederated Tribes of the Siletz NMFS listed the Southern Resident energy development and seismic Indians,and Coquille Indian Tribe in killer whale Distinct Population surveying,the IRFA evaluates the Oregon;and Cher-Ae Heights Indian Segment as endangered under the ESA impacts associated with one Community of the Trinidad Rancheria, on November 18,2005 (70 FR 69903) consultation on each of these activities Hoopa Valley Tribe,Karuk Tribe,Big and on November 29,2006 issued a to reflect a high-end estimate for a single Valley Band of Pomo Indians,Tolowa final rule designating critical habitat for year.Administrative costs of Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49231 consultations on fisheries,military identical under both scenarios($1,100 designation,and weighed the benefits of activities,and hatchery operations are for one small entity in the renewable designation against the benefits of unlikely to involve third parties beyond energy development industry and exclusion.Ultimately,we selected an NMFS and the Federal action agency. $1,600 for one small entity in the alternative in which one particular area For the consultations that may seismic survey industry).However,for was excluded from the designation,the involve third parties,it is not known in-water construction and dredging, Navy's Quinault Range Site off the coast whether the third parties bearing these scenarios reflect a range of of Washington and a 10-km buffer administrative costs are likely to be potentially affected entities and around it,because we considered large or small entities.The analysis associated revenue effects.The actual impacts to national security outweighed therefore conservatively assumes all number of small in-water construction the benefits of designating critical third parties involved in these entities affected,and the per-entity habitat there. consultations are small entities.The revenue effects are likely to be Coastal Zone Management Act number of small entities bearing these somewhere in the middle.In other incremental administrative costs in a words,some subset greater than one and Under section 307(c)(1)(A)of the given year is uncertain.To provide less than 6 of the in-water construction Coastal Zone Management Act(CZMA) information on the range of potential small entities may participate in the (16 U.S.C. 1456(c)(1)(A))and its entities affected and the potential costs section 7 consultations and bear the implementing regulations,each Federal borne by these entities,the analysis associated impacts. activity within or outside the coastal presents two scenarios reflecting the Under both scenarios,potential costs zone that has reasonably foreseeable extremes: borne by small entities are expected to effects on any land or water use or (1)Scenario 1 identifies the maximum be minor.Ultimately,up to eight small natural resource of the coastal zone number of future consultations entities per year may bear costs shall be carried out in a manner which involving small entities and assumes associated with participation in is consistent to the maximum extent that each consultation involves one consultation regarding the proposed practicable with the enforceable policies unique small entity.We estimate the expansion of critical habitat for of approved State coastal management maximum number of future Southern Resident killer whale.The programs.We have determined that this consultations,and accordingly number total annualized administrative costs proposed revision of the critical habitat of potentially affected entities,to be that may be borne by these small designation for Southern Resident killer eight.This represents the total number entities(businesses or governments)is whales is consistent to the maximum of annual consultations that occur $7,800(discounted at 7 percent).We extent practicable with the enforceable across all critical habitat units involved request public comment on this policies of the approved Coastal Zone with in-water construction,renewable analysis,including on the number of Management Programs of Washington, energy development,and seismic small entities that may be affected(see Oregon,and California.This surveying.Scenario 1 accordingly the Public Comments Solicited section determination has been submitted to the provides a high-end estimate of the above). responsible agencies in the number of potentially affected small The RFA,as amended by SBREFA, aforementioned states for review. entities(assuming each consultation requires us to consider alternatives to pa erwork Reduction Act involves a unique third party and all the proposed regulation that will reduce Pap ,,k parties are small entities),and a the impacts to small entities.We The purpose of the Paperwork low-end estimate of the potential effect considered an alternative of not Reduction Act is to minimize the in terms of the economic effects(i.e., expanding critical habitat for Southern paperwork burden for individuals,small percent of annual revenues)for each Resident killer whales within their businesses,educational and nonprofit entity(total third party costs of the coastal range because it would impose institutions,and other persons resulting consultations are divided across the none of the additional economic, from the collection of information by or high-end number of small entities).This national security,or other relevant for the Federal government.This scenario may overstate the number of impacts described in the draft Economic proposed rule does not contain any new small entities likely to be affected by the Report or the draft ESA Section 4(b)(2) or revised collection of information. rule and may understate the potential Report.Under this alternative,Southern This rule,if adopted,would not impose impact per entity.Under Scenario 1,we Resident killer whales would continue recordkeeping or reporting requirements estimate that eight small entities have to receive protections provided under on State or local governments, the potential to bear an impact of$890 the ESA,the existing critical habitat,as individuals,businesses,or to$1,600 per entity. well as other Federal,state,and local organizations. (2)Scenario 2 assumes all future costs laws.We rejected this alternative ManUnfunded dates Re form Act to an industry are borne by a single because we determined that the small entity within that industry.This proposed expanded critical habitat is In accordance with the Unfunded scenario may understate the number of prudent and determinable,and the ESA Mandates Reform Act,we make the small entities affected and overstate the requires critical habitat designation in following findings: per-entity impacts.As such,this that circumstance.We also considered (a)This proposed rule will not scenario arrives at a low-end estimate of alternatives in which we designated all produce a Federal mandate.In general, potentially affected entities and a high- six of the identified"specific areas" a Federal mandate is a provision in end estimate of potential economic cost (i.e.,no area excluded),or designated legislation,statute or regulation that effects.Under this scenario,one small some subset of the"specific areas"(i.e., would impose an enforceable duty upon entity in the in-water construction some"particular areas"within the State,local,tribal governments,or the industry would bear costs of$5,200. identified"specific areas"would be private sector and includes both Because the analysis assumes a excluded).As described in our draft "Federal intergovernmental mandates" maximum of one consultation on both ESA Section 4(b)(2)report,we and"Federal private sector mandates." renewable energy development and considered the economic impacts, The designation of critical habitat does seismic surveying in a single year,the impacts to national security,and other not impose an enforceable duty on non- cost estimates for these activities are relevant impacts that would result from Federal government entities or private 49232 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules parties.The only regulatory effect of a "highly influential scientific $226.206 Critical habitat for the Southern critical habitat designation is that assessments,"defined as information Resident killer whale(Orcinus orca). Federal agencies must ensure that their whose dissemination could have a Critical habitat is designated for the actions are not likely to destroy or potential impact of more than$500 Southern Resident killer whale as adversely modify critical habitat under million in any one year on either the described in this section.The maps, ESA section 7.Non-Federal entities that public or private sector or that the clarified by the textual descriptions in receive funding,assistance,or permits dissemination is novel,controversial,or this section,are the definitive source for from Federal agencies or otherwise precedent-setting,or has significant determining the critical habitat require approval or authorization from a interagency interest.The draft boundaries. Federal agency for an action may be Biological Report(NMFS 2019a)and (a)Critical habitat boundaries. indirectly impacted by the designation draft Economic Report(IEc 2019) Critical habitat is designated to include of critical habitat,but the legally supporting this proposed rule are all areas in paragraphs(a)(1)and(2)of binding duty to avoid destruction or considered influential scientific this section. adverse modification of critical habitat information and subject to peer review. (1)Inland waters of Washington State. rests squarely on the Federal agency. These two reports were distributed to Critical habitat includes three specific Furthermore,to the extent that non- five independent reviewers for review marine areas of Puget Sound, Federal entities are indirectly impacted before the publication date of this Washington,within the following because they receive Federal assistance proposed rule,and peer review counties:Clallam,Jefferson,King, or participate in a voluntary Federal aid comments were incorporated prior to Kitsap,Island,Mason,Pierce,San Juan, program,the Unfunded Mandates their dissemination in support of this Skagit,Snohomish,Thurston,and Reform Act would not apply.Nor would proposed rulemaking.The peer reviewer Whatcom.Critical habitat includes all critical habitat shift the costs of the large comments were compiled into peer waters relative to a contiguous shoreline entitlement programs listed above to review reports that are available at the delimited by the line at a depth of 20 state governments. following website:https:// feet(ft)(6.1 meters(m))relative to (b)Due to the prohibition against take www.cio.noaa.gov/services_programs/ extreme high water in each of the of Southern Resident killer whales both prplans/ID402.htm1. following areas: within and outside of the designated (i)Summer Core Area:All U.S. areas,we do not anticipate that this On April 24,2019,OMB issued marine waters in Whatcom and San proposed rule will significantly or memorandum M-19-15 to reinforce, Juan counties;and all marine waters in uniquely affect small governments.As clarify,and interpret agency Skagit County west and north of the such,a Small Government Agency Plan responsibilities under the Information Deception Pass Bridge(Highway 20) is not required. Quality Act.The memorandum directs (48024'25"N/122038'35"W). agencies to update their agency-specific (ii)Puget Sound Area:All marine Information Quality Act and Peer guidelines within 90 days to be waters in Island County east and south Review consistent with certain parameters. of the Deception Pass Bridge(Highway Pursuant to the Information Quality NOAA has not yet issued revised 20)(48024'25"N/122038'35"W),and Act(section 515 of Pub.L. 106-554), guidance. east of a line connecting the Point this information product has undergone National Environmental Policy Act Wilson Lighthouse thous (4808'3V 8'8'39"N/ a pre-dissemination review by NMFS. point on Whidbey The signed Pre-dissemination Review (NEPA) Island located at 48012'30"N/122044'26" and Documentation Form is on file with NMFS has determined that an W;all marine waters in Skagit County the NMFS West Coast Regional Office in environmental analysis as provided for east of the Deception Pass Bridge Seattle,Washington(see FOR FURTHER under NEPA is not required for critical (Highway 20)(48°24'25"N/122°38'35" INFORMATION CONTACT). habitat designations made pursuant to W);all marine waters of Jefferson On December 16,2004,the Office of the ESA.See Douglas County v.Babbitt, County east of a line connecting the Management and Budget(OMB)issued 48 F.3d 1495(9th Cir. 1995),cert. Point Wilson Lighthouse(4808'39"N/ its Final Information Quality Bulletin denied,116 S.Ct.698(1996). 122045'12"W)and a point on Whidbey for Peer Review(Bulletin).The Bulletin Island located at latitude 48012'30"N/ was published in the Federal Register List of Subjects in 50 CFR Part 226 122°44'26"W,and north of the Hood on January 14,2005(70 FR 2664),and Canal Bridge(Highway 104)(47051'36" went into effect on June 16,2005.The Endangered and threatened species. N/122°37'23"W);all marine waters in primary purpose of the Bulletin is to Dated:September 12,2019. eastern Kitsap County east of the Hood improve the quality and credibility of Samuel D.Rauch,III, Canal Bridge(Highway 104)(47051'36" scientific information disseminated by DeputyAssistantAdministratorfor N/122°37'23"W);all marine waters the Federal government by requiring Regulatory Programs,National Marine (excluding Hood Canal)in Mason peer review of"influential scientific Fisheries Service. County;and all marine waters in King, information"and"highly influential Pierce,Snohomish,and Thurston scientific information"prior to public For the reasons set out in the counties. dissemination.Influential scientific preamble,50 CFR part 226 is proposed (iii)Strait of Juan de Fuca Area:All information is defined as information to be amended as follows: U.S.marine waters in Clallam County the agency reasonably can determine east of a line connecting Cape Flattery, will have or does have a clear and PART 226—DESIGNATED CRITICAL Washington(48023'10"N/124043'32" substantial impact on important public HABITAT W),Tatoosh Island,Washington policies or private sector decisions.The (48023'30"N/124044'12"W),and Bonilla Bulletin provides agencies broad ■ 1.The authority citation of part 226 Point,British Columbia(48035'30"N/ discretion in determining the continues to read as follows: 124043'00"W);all marine waters in appropriate process and level of peer Authority:16 U.S.C.1533. Jefferson and Island counties west of the review.Stricter standards were Deception Pass Bridge(Highway 20) established for the peer review of 0 2.Revise§226.206 to read as follows: (48024'25"N/122°38'35"W),and west of Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49233 a line connecting the Point Wilson Meares,Oregon(45°29'12"N)south to does not include the following Lighthouse(4808'39"N/122°45'12"W) the border between Oregon and particular areas owned or controlled by and a point on Whidbey Island located California(42000'00"N),between the the Department of Defense,or at 48°12'30"N/122°44'26"W. 6.1-m and 200-m isobath contours.This designated for its use,in the State of (2)Coastal marine waters along the includes waters off Tillamook,Lincoln, Washington,including shoreline, U.S. West Coast.Critical habitat Lane,Douglas,Coos,and Curry counties nearshore areas around structures such includes six specific marine areas along in Oregon. as docks and piers,and marine areas the coasts of Washington,Oregon,and (iv)Northern California Coast Area: where they overlap with the areas California.Critical habitat includes all U.S.marine waters from the border described in paragraph(a)of this waters relative to a contiguous shoreline between Oregon and California section: delimited by the line at a depth of 20 (42°00'00"N)south to Cape Mendocino, (1)Naval Undersea Warfare Center, ft(6.1 m)relative to mean high water in California(40°26'19"N),between the Keyport; each of the following areas: 6.1-m and 200-m isobath contours.This (2)Naval Ordnance Center,Port (i)Coastal Washington/Northern includes waters off Del Norte and Hadlock(Indian Island); Oregon Inshore Area:U.S.marine Humboldt counties in California waters west of a line connecting Cape (v)North Central California Coast (3)Naval Fuel Depot,Manchester; Flattery,Washington(48°23'10"N/ Area:U.S.marine waters from Cape (4)Naval Air Station,Whidbey Island; 124043'32"W),Tatoosh Island, Mendocino,California(40°26'19"N) (5)Naval Station,Everett; Washington(48023'30"N/124044'12" south to Pigeon Point,California (6)Naval Hospital Bremerton; W),and Bonilla Point,British Columbia (37011'00"N),between the 6.1-m and (7)Fort Lewis(Army); (48035'30"N/124043'00"W),from the 200-m isobath contours.This includes (8)Pier 23 (Army); U.S.international border with Canada waters off Humboldt,Mendocino, (9)Puget Sound Naval Ship Yard; south to Cape Meares,Oregon Sonoma,Marin,San Francisco,and San (10)Strait of Juan de Fuca naval air- (45°29'12"N),between the 6.1-m and Mateo counties in California. to-surface weapon range,restricted area; 50-m isobath contours.This includes (vi)Monterey Bay Area:U.S.marine (11)Strait of Juan de Fuca and waters from Pigeon Point,California waters off Clallam,Jefferson,Grays (37°11'00"N)south to Point Sur, Whidbey Island naval restricted areas; Harbor,and Pacific counties in (12)Admiral Inlet naval restricted Washington and Clatso and Tillamook California(36°18'00"N) between the t counties in Oregon. p 6.1-m and 200-m isobath contours.This area; (ii)Coastal Washington/Northern includes waters off San Mateo,Santa (13)Port Gardner Naval Base Oregon Offshore Area:U.S.marine Cruz,and Monterey counties in restricted area; waters west of a line connecting Cape California. (14)Port Orchard Passage naval Flattery,Washington(48°23'10"N/ (b)Essential features.The essential restricted area; Flatter 32"W),Tato (4 Island, features for the conservation of (15)Sinclair Inlet naval restricted Washington(48°23'30" Island, Southern Resident killer whales are the area; W),and Bonilla Point,British Columbia following: (16)Carr Inlet naval restricted area; (48035'30"N/124°43'00"W)south to (1)Water quality to support growth (17)Port Townsend/Indian Island/ Cape a Meares,Oregon(45°29'12"N), and development; Walan Point naval restricted area; bet —ween the 50anquality,and availability support d 200-m isobath (2)Prey species sufficient quantity, (18)Crescent Harbor Explosive contours.This includes waters off individual growth,reproduction, Ordnance Units Traininuction,and g Area;and Clallam,Jefferson,Grays Harbor,and development,as well as overall (19)Quinault Range(including the Pacific counties in Washington and po ulation growth;and surf zone at Pacific Beach)and a 10-km Clatsop and Tillamook counties in 3)Passage conditions to allow for buffer around the Quinault Range. Oregon. miggrration,resting,and foragi . (d)Maps o Southern Resident killer (iii)Central/Southern Oregon Coast lc)Sites owned or controlled by the whale critical habitat. Area:U.S.marine waters from Cape Department of Defense.Critical habitat BILLING CODE 3516-22-P 49234 Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules Existing and Proposed Critical Habitat for CANADA Southern Resident Killer Whales - Overview L Bellingham �ug0— o o�✓� 9et > . Sound �I Net ' 'R P,, t \r•S'V�oka Riser ,y Seattle t i Quinault ' � •._,� i Range Site --WASHINGTON -"-,Grays Har br o ` �Willapa Bay. Columbla River , Asto77 Cape ' j Meares y� . Portland t m t Newport oar�� IDAHO McKenzie rry ( !?7)D9�R;�e, `'� OREGON �� N Umpq,�uaY R� 1 Pacific , Ocean W E •Edreka s Cape Mendocino i Legend { g 1 Existing Inland Waters CH t 1 C'77'Summer Core Area Puget Sound Area Strait of Juan de Fuca Area Proposed Coastal CH z 1 V Coastal WAi N OR Inshore Area 4 R CALIFORNIA • ``,. Coastal WA!N OR Offshore Area =Central/S.OR Coast Area ®Northern CA Coast Area San Francisco North Central CA Coast Area E Monterey Bay Area % o' — —US_Canada Border 0 20 40 t80 120 Pigeon Point ` m i ;��•� Quinault Range Mlles Pp,ol Santa Cruzgm Military Sites not Designated 0 40 80 160 240 320 Monterey BayQRS 10km Buffer Kilometerst rnt Sur .4 Note Areas shallower than 20 h deep relative to NOAA-NMFS-WCR-L(Vg Beach.&2112019 \�,'"',� eltreme high water are NOT deagnated as critical habaat _.t Federal Register/Vol. 84, No. 182/Thursday, September 19, 2019/Proposed Rules 49235 Existing and Proposed Critical Habitat for WA MT Southern Resident Killer Whales - Detail 117 - _ a° OR CANADA ,rgb 2 CA NV Bellingham r r Ofj u / j cs' '�• �m Pu00 JR get;;✓ .......... H� cpea f' • {Seattle Quinault Range Site WASHINGTONrays 1Y e'._.•^ Harbor %''+-� NB< Olympi °��, o Bay j4 s`,. Pacific Ocean COlu ia Rlver , Legend /%' • ' Existing Inland Waters CH N. Astoria M Summer Core Area Puget Sound Area W' F ; i /��,,' t ti =Strad of Juan de Fuca Area Proposed Coastal CH S �e � Coastal WA/N.OR Inshore Area z OCoastal WA/N.OROffshore Area Central/S.OR Coast Area US-Canada Border 0 5 10 20 30 40 /�� ,,, i OREGON ;,;rQuinaultRange MII@5 'ORS 10km Buffer 0 10 20 40 60 80 Cape Meares • Portland M Military Silas not Designated Kilometers rJOAA-NMFS-WGR-Lon Beach 8/262019 Note Areas shallower than 20 It deep relative to 9 wiilamette River extreme high water are NOT desgnated as critical habitat [FR Doc.2019-20166 Filed 9-18-19;8:45 am] BILLING CODE 3510-22—C cc: CMMRS Neatherlin, Shutty&Trask Clerk RECEIVED OCT 0 2 2019 Ajiu,,66, PORT OF SHELTON Mason County AVIATION I INDUSTRIAL I MARINE Commissioners Memo To: Mason County Assessor From: Wendy Smith, Executive Director Port of Shelton /C: Mason County Commissioners Date: 10/2/2019 Re: Port of Shelton Tax Levy for 2020 1 have attached a copy of the budget and levy resolutions passed by the Port of Shelton Commission on October 1, 2019 for your use in preparing the tax assessments for levies imposed in 2019 for collection in the year 2020. The certified tax levy for 2020 collection in Resolution 19-05 is $800,000.00. Please call me if you have any questions about the Port's budget or levy for next year. 21 W Sanderson Way, Shelton, WA 98584 (360) 426-1151 (360)427-0231 fax www.portofsheiton.com Port of Shelton 2020 Operating and Nonoperating Budget 2020 Operating Revenues/Expenses Total 610.00 Sanderson Field Revenues $ 1,182,428 Total 620.00 Marina Revenues - Total 640.00 Johns Prairie Revenues 521,367 Total Operating Revenues 1,703,795 Total 710.00 Sanderson Field Expenses 198,415 Total 720.00 Marina Expenses - Total 740.00 Johns Prairie Expenses 86,297 Total 780.00 General and Administrative Expenses 1,388,213 Total Operating Expenses 1,672,925 Total Operating Income 30,870 Nonoperating Revenues/Receipts (Expenses/Disbursements) Total 650.00 Capital Contributions 4,235,000 Total 690.00 Other Nonoperating Revenues 1,000 Total 693.00 Operating Grants - Total 699.10 Interest Income 61,750 Total 699.20 Property Taxes (Ad Valorem) 800,000 Total 699.30 Miscellaneous Taxes 10,000 Total 699.40 Proceeds from Sales of Capital Assets - Total Nonoperating Revenues 59107,750 Total 790.00 Other Nonoperating Expenses 5,010 Total 799.91 Interest Expense 50,877 Total Nonoperating Expenses 55,887 Total Nonoperating Revenues (Expenses) 5,051,863 Nonrevenues and Nonexpenses Total 671.00 Debt Proceeds (Notes Rec Prin/New Debt) - Total 679.00 Other Nonrevenues 222,000 Total 771.00 Principal Paid on Long-Term Debt (268,042) Total 773.00 Purchase of Capital Assets (4,769,112) Total 779.00 Other Nonexpenses (220,000) Total Nonrevenues and Nonexpenses (5,035,154) Total Nonoperating Revenues/Receipts (Expenses/Disbursements) 16,709 Net Increase (Decrease) in Cash and Investments $ 47,579 PORT OF SHELTON 2020 Capital Facility Plan Project Title 2020 Notes Sanderson Field Taxiway Lighting/Paving/Hydrants(Engin/Construct)-FAA $3.950,000 i-.,_+ationary FAA w/5%Match $4.1m Taxiway Lighting/Paving/Hydrants(Engin/Construct)-FAA $150,000 Discretionary FAA wl5%$150k Portion of Less$150,000 Reclassified to AIP Funding -$150,000 Less$150k Reclassified to AIP Funding FAA AIP$150,000 Funding @ 90%FAA Match $135,000 FAA-90%of$150k AIP Funding WSDOT Discretionary-S/B$200k,but limited, no 5% $150,000 r nary WSDOT-S/B$200k,but lim Taxiway Lighting/Paving/Hydrants-FAA-Port Match $55,000 Port 5%Match of$4.1m($205,000 less$150,000) SF New 20k/20k Warehse Bldg/Off-Port 0%-Planning $25,000 Port Match-0%of$5m,$100k Planning SF Water Tower Vents/Inspections-67%of$100k SF $67,000 Port Funded SF Meter Updates-67%of$25k SF $16,750 Port Funded SF Capitalized Labor $97,415 Port Funded SF Outside Funding $4,235,000 SF Outside Funding SF Port Resources $261,165 SF Port Resources SF Total $4,496,165 SF Total Johns Prairie JP Old Mill Site Clean Up-Phase 2 $35,000 Port Funded CERB-Belco-2020 Planning-2021 Port Match $30,000 CERB-Belco-2020 Planning-2021 Port Match JP Water Tower Vents/Inspections-33%of$100k JP $33,000 Port Funded JP Meter Updates-33%of$25k JP $8,250 Port Funded JP Capitalized Labor $36,697 Port Funded JP Outside Funding) $0 JP Outside Funding JP Port Resources $142,947 JP Port Resources JP Total $142,947 JP Total Miscellaneous Port-Wide Routine Capital $65,000 Port Funded Road Fund $30,000 Port Funded Capital Reserve Fund $35,000 Port Funded Misc Port-Wide Outside Funding $01 Misc Port-Wide Outside Funding Misc Port-Wide Port Resources $130,000 Misc Port-Wide Port Resources Misc Port-Wide Total $130,000 Misc Port-Wide Total All Outside Funding $4,235,000 All Outside Funding All Properties Port Funded $534,112 All Properties Port Funded All Properties Total $4,769,112 All Properties Total All Outside Funding Summary By Detail All Outside Funding Summary By Detail FAA/WSDOT Grants-Discretionary and AIP FAA/WSDOT Grants-Discretionary and AIP All Outside Funding Summary By Detail Total $4,235,000 All Outside Funding Summary By Detail Total I All Outside Funding Summary By Source All Outside Funding Summary By Source Tenant Funded SO Tenant Funded Loan Portion $0 Loan Portion Grant Portion $4,235,000 Grant Portion All Outside Funding Summary By Source Totall $4,235,0001 All Outside Funding Summary By Source Total 1 of 1 PORT OF SHELTON RESOLUTION 19-04 Resolution of the Port of Shelton Commission Providing for Acceptance, Approval, and Adoption of the Final Operating and Maintenance, and Capital Budget for 2020 Pursuant to RCW 53.35.030 WHEREAS, a Preliminary 2020 Operating and Capital Budget was prepared and presented in a public meeting of the Port of Shelton Commission on September 3, 2019; and WHEREAS, public notices were published in a newspaper of general circulation in Mason County during the weeks of September 9, 2019 and September 16, 2019 proclaiming the availability of the Proposed Final 2020 Operating and Capital Budget to taxpayers at the Port office and announcing a public hearing on the Final Budget on October 1, 2019, all in accordance with RCW 53.35.020 and 53.35.030; and WHEREAS, a public hearing was held on October 1, 2019 at 2:00 P.M., in the Port Commission Chambers after proper notice for a regular meeting of the Port Commission in the daily newspaper of general circulation in Mason County was given, and the Port Commission heard from all persons desiring to be heard on the matter of the Final Budget all in accordance with RCW 53.35.020 and RCW 53.35.030. NOW, THEREFORE BE IT RESOLVED, by the Port of Shelton Commission as follows: The Final Budget for Port Operations & Maintenance for 2020, appended hereto as part of this Resolution is Accepted and Approved. The Capital Budget, appended hereto as part of this Resolution, is Accepted and Approved, and all projects are funded at the budgetary funding levels shown therein. To the extent necessary the Capital Budget will amend the Port's Comprehensive Plan per RCW 53.20.010. This Resolution shall become effective immediately upon its adoption. ADOPTED by the Port of Shelton Commission at a regular meeting thereof held this 1st day of October, 2019. PORT OF SHELTON BOARD OF COMMISSIONERS By: RI HAR TAYLOR airman By: �/V, & Pr/ KRIST BUC ommissioner By: SOE PATTERSON, Commissioner PORT OF SHEL TON Resolution No. 19-05 A Resolution of the Port of Shelton Commission Adopting the Property Tax Levy for 2020 RCW 84.55.120 WHEREAS, the Port of Shelton Commission, having properly given notice of the public hearing held October 1, 2019 to consider the Port's current expense budget for the 2020 calendar year, pursuant to RC 53.35.020 and 53.35.030; and WHEREAS, the district actual levy amount from the previous year was $774,776.86; and WHEREAS, the population of this district is more than 10,000; and WHEREAS, the Port of Shelton Commission, after hearing, and after duly considering all relevant evidence and testimony presented, and having reviewed all sources of revenue and examined all anticipated expenses and obligations, has determined that an increase is hereby authorized for the levy to be collected in the 2020 tax year; NOW, THEREFORE, BE IT RESOLVED, by the Port of Shelton Commission that the dollar amount of the increase over the actual levy amount from the previous year shall be $7,747.77. This increase represents 1% of the highest lawful levy of $774,776.86.. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in value of state assessed property, any annexations that have occurred and refunds made. BE IT FURTHER RESOLVED, that the 2020 tax Levy Certification amount submitted to Mason County shall be $800,000.00. This estimated amount includes additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, and any annexations that have occurred and refunds made for Port budget purposes. Adopted this 1st day of October, 2019. PORT OF SHELTON BOARD O, COMMISSIONERS By: RICHARD TAYLO airman By: r� KRISTY 13UCKI Commissioner By: -- SUE PATTERSON, Commissioner Department of Aa Revenue Levy Certification Washington State Submit this document to the county legislative authority on or before November 30 of the year preceding the year in which the levy amounts are to be collected and forward a copy to the assessor. In accordance with RCW 84.52.020,I, Richard Taylor , (Name) Chairman , for the Port of Shelton ,do hereby certify to (Title) (District Name) the Mason County legislative authority that the Commissioners (Name of County) (Commissioners,Council,Board,etc.) of said district requests that the following levy amounts be collected in 2020 as provided in the district's (Year of Collection) budget,which was adopted following a public hearing held on 10/1/19 (Date of Public Hearing) Regular Levy: $800,000.00 (State the total dollar amount to be levied) Excess Levy: (State the total dollar amount to be levied) Refund Levy: (State the total dollar amount to be levied) Signature: Date: 10/01/19 To ask about the availability of this publication in an alternate format for the visually impaired,please call(360)705-6715. Teletype(TTI)users,please call(360)705-6718. For tax assistance,call(360)534-1400. REV 64 0100e(w)(2/21/12) 4■ H1 WEEIK WHEREAS, 4-H is America's largest youth development organization, having supported almost six million youth across the country thus far; and WHEREAS, 4-H has helped more than 1,500 youth in Mason County to become confident, independent, resilient and compassionate leaders; and WHEREAS, 4-H is delivered by Cooperative Extension — a community of more than 100 public universities across the nation that provides experiences where young people learn by doing in hands-on projects in areas including health, science, agriculture and citizenship; and WHEREAS, National 4-H Week showcases the incredible experiences that 4-H offers young people, and highlights the remarkable 4-H youth in Mason County who work each day to make a positive impact on those around them; and WHEREAS, 4-H's network of 600,000 volunteers and 3,500 professionals provides caring and supportive mentoring to all 4-H'ers, helping them to grow into true leaders, entrepreneurs and visionaries; NOW, THEREFORE, we, the Mason County Board of Commissioners do hereby proclaim October 6-12, 2019 as NATIONAL 4-H WEEK throughout Mason County and encourage all of our citizens to recognize 4-H for the significant impact they have made and continue to make by empowering youth with the skills they need to lead for a lifetime. Dated this 8th day of October 2019. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of September 30,2019 Monday,September 30,2019 9:00 A.M. Executive Session—RCW 42.30.110(1)(g)—Performance of public employee Commissioners Shutty,Trask and Neatherlin met in executive session from 9:00 a.m.to 9:40 a.m.to discuss performance of a public employee. No action was taken. 9:20 A.M. Support Services—Frank Pinter • Commissioners Shutty,Trask and Neatherlin were in attendance. • The Board would like to interview the two applicants for the Veterans Advisory Board. • Diane presented an amendment to Personnel Policies-County Cellular Telephone Policy that will make charges that are determined to be non-county use,are paid by the employee. • October 29 is 5th Tuesday and the Commissioners agreed to meet in Hoodsport. WSDOT will be invited and other agenda topics will be Water Quality issues(PIC program)and advisory board openings. • Meeting with local legislators on November 4.Diane will ask the elected officials and directors if they have topics. The Commissioners would like to provide project updates including the Freight Corridor;Belfair Sewer, Skokomish Valley,funding culvert projects,regional jail study,Johns Prairie project. • Dawn presented a request from the Civil Service to consider expanding the Civil Service Commission to five members. The Board is good with leaving the membership at three members. There is an opening on the Board and Dawn will reach out to those that were last interviewed to fill this position. • Take Home Vehicle Request for 2019 for Rod LaRue was approved. • Offer to purchase county surplus property at 2680 E Mason Lake Road was approved to move forward. A public hearing will be scheduled. • The Board agreed to adopt a resolution to formally appoint the Commissioners to sit on the Hood Canal Coordinating Council(HCCC)as Mason County's representatives. Cmmr.Shutty noted the problem has been that some counties have been sending staff and it is recommended each member county formally state who will represent their County on the HCCC. • Discussion of whether to issue a Request for Proposals to lease certain County-owned real property. Draft proposals have been presented for property adjacent to the Transfer Station and there has been discussion on a proposal for MCRA park. The Board stated they do not want to move forward until there are actual business plans with the numbers supporting what has been presented. 10:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Diane Sheesley provided a revenue and expenditure analysis for the Six-Year Transportation Improvement Program(TIP)that removes some road construction projects and/or moves them to be realistic with staffing levels and funding available. Projects removed were proposed to be funded totally with local dollars. The TIP includes a gravel road upgrade program and neighborhood roadway safety grants. Diane stated they will be gathering data regarding what it will take to maintain our road quality. Loretta noted the County has been doing good job of preserving collectors and arterials which receive grant dollars and noted that local community roads are funded with local dollars. Staff will bring forward a map showing roads that have deficiencies. A hearing will be set to consider the TIP and annual construction program. Board of Mason County Commissioners' Briefing Meting Minutes Week of September 30,2019 • Review of sign placement and tunnel lighting on Sandhill Road by the Sandhill Park and school.This includes a rapid flashing beacon at$10K; Road work and signs at$6,000 and tunnel lighting and power distribution at$15,000. Ross McDowell explained the park host will open the tunnel and turn on the lights during times when the park use is higher;The Risk Pool issues of covering the bolts and the landing area will be resolved by placing plastic covers over the screws and installing a fly ball net near the tunnel opening. This will be funded with Public Works operations budget and the project would be done in 2020 before tournaments start. • Loretta stated they received a resignation from a CW&W operator and request to post and fill was granted. 10:30 A.M. BREAK 10:40 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Relinquishment of Easement from 1923 to establish a drainage ditch in Shelton in the vicinity of Second Street. The easement was file with both the County and City of Shelton. The ditch is not in existence and encumbers several properties in downtown Shelton.The request is to relinquish Mason County's interest which the Board approved moving forward. • Dave provided information on projected new permit-exempt well connections for the Chehalis Sub basins from a WRIA 22 meeting that was held last Friday. • Sub-contract for Family Education Support Services for$27,600 will be placed on the agenda for approval. • Cmmr.Neatherlin asked the Commissioners for support of funding a grant writer that could be contracted. Lydia pointed out that grants do have to be managed which takes staff support. • Dave reported they are waiting for a document regarding the Governor's order to ban certain vaping products—staff will have to post at establishments that sell the products. • Dave drafted a letter that Cmmr.Shutty would like on Commissioner letterhead and sent to Olympia Master Builders,Tribe,City;and County's legislative delegation. • Staffing status—a person has been selected for Fire Marshal services;interviewing for Building and Planning positions;setting interviews for Environmental Health;will have another open Planner position. • Staff is meeting with Squaxin Tribe on Friday to check in on the MOA and that deliverables are being met. • Kristopher provided the weekly building permit report. 11:00 A.M. Molina Healthcare Commissioners Shutty,Trask and Neatherlin were in attendance. • Vickie Evans,Whitney Howard and Paul Harris from Molina Healthcare Molina Healthcare provided information on 2020 Behavioral Health Integrated Services offered in Mason County. They explained what has been accomplished with the behavioral health community organizations in Mason County to make sure there is a smooth transition in 2020. There was discussion between Public Health staff and Molina staff on the details of what will happen for access to treatment. Staff pointed out there are issues with access to mental health services in Mason County. Vickie from Molina stated the problem they see is where to place the people for housing. Lydia Buchheit provided information on the needs in Mason County. Commissioner Discussion Cmmr. Shutty stated he has met with Jennifer Baria and Jeff Nitten regarding a lobbying agreement. The City is fine with a 50/50 split and they plan to retain a separate contract for lobbying for their policy work;we would have a contract to lobby for capital projects and this may or may not include the EDC. The City pays the lobbyist$2,000 a month. Board of Mason County Commissioners'Briefing Meting Minutes Week of September 30,2019 Cmmr.Neatherlin stated that it's important that if other entities are involved,they pay their share. Cmmr.Neatherlin will talk to Jennifer at EDC. Wednesday,October 2,2019 1:08 P.M. Support Services—Diane Zoren Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to sign a letter of no objection to the State Liquor Board for the October 4 Oyster Funk event held by the Skookum Rotary. The Board had no objections for the Chair to sign the letter. 1:10 P.M. Special Meeting Criminal Justice Study Kick Off Meeting with Grays Harbor Commission and KMB Architects Introductions were made that included Mason County Commissioners Shutty,Trask and Neatherlin and Grays Harbor Commissioners Cormier,Ross and Raines along with KMB staff and several staff from Mason and Grays Harbor counties. Bill Valdez,KMB architects,provided an overview of the process that will be followed which includes goal setting and decision making. The decision making process will need to be determined by each County. The assumption is that cost/budget/size of project will be at the County Commission level. Bill reviewed the various committees and their role in the process. This includes an Executive Committee and various stakeholders from the criminal justice system, community groups that interact with the jail system and the Tribes. The preliminary project schedule was distributed that includes when decision points need to be made. Decision point schedule:mid-December-methodology of inmate population;January-jail operations model;early February—location of facility;March— preferred planning solutions;late March/April—funding options. KMB has been tasked with conducting three studies—one for each county with an independent facility and a third study for a regional jail that would be located in one of the counties and shared by both counties. KMB reviewed the complexity of the process that will be followed to get to decision points. October 16 will be a facility tour at Nisqually,King County and Skagit County to view various types of jail facilities. November 12,13,14,2019—stakeholder meetings will be scheduled. December 17 and 18,2019—meet with both County Commissions. Bill reviewed the information that will be needed from each county that they would like back by October 18. Message to the public and how much and what kind of public outreach will need to be determined. KMB asked the audience members what they would like to see in the new facility: enough capacity,adequate attorney facilities;adequate video conference abilities,work release;coordination with courts from both counties;programming and reentry for rehabilitative process;address medical needs;outreach with community where the Board of Mason County Commissioners'Briefing Meting Minutes Week of September 30,2019 facility is located;space for law enforcement;secure sally port;easy to clean and durable; separation areas for safety;safe outdoor area;flexible space so can change as needs change;determine staff needs to safely operate the facility and provide transportation; access to inmates by family/friends and inmate release;Superior Court hearings have to be held in the County Seat and the question if any video arraignments for either court can occur out-of-county; sufficient safe staff parking;consider cost of utilities that may be needed,depending on location; ventilation;drains in all areas;staff break rooms; security control systems; consider archive standards for storage;heating and cooling systems;bathroom in control room;adequate lock down rooms in order to separate inmates;full body scanners or at least build the facility so it can accommodate later; anticipate rental space to other jurisdictions;involve Tribes early in the process for possible partnership;adequate office,storage,training and staff space;anticipate a 40 to 50 year building;anticipate future building work;energy efficiencies;educate public on inmate classification that drives operation needs;professional reception area,janitorial storage area;aesthetics of facility—nice enough but not over the top. From 3:40 p.m.to 3:55 p.m.the participants did an interactive exercise of dot placement based on their priorities. From 3:55 p.m.to approximately 4:20 p.m.the participants did a visioning interactive exercise of selecting an image of what the participants want to see in the new facility. The meeting was adjourned at 4:20 p.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Michael MacSems Action Agenda _X_ Public Hearing Other _ DEPARTMENT: DCD EXT: 571 DATE: October 8, 2019 Agenda Item # 0 . Commissioner staff to complete) BRIEFING DATE: September 23, 2019 BRIEFING PRESENTED BY: Michael MacSems [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approve and sign a grant contract with the Washington Department of Archeology and Historic Preservation (DAHP) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The HPC wishes for the County to enter into a contract with DAHP. The project is a $3,190.00 reimbursement grant to send a minimum of three members (including Staff) to a national historic preservation commission conference in Tacoma in July 2020. The deliverable is a 1-2 page written reflection from the members who attend, due in September 2020. BUDGET IMPACT: Ultimately none, but the HPC will have to cover the conference registration cost prior to reimbursement. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Discussed in the public meetings of the Historic Preservation Commission on August 8th and September 12th, 2019. RECOMMENDED OR REQUESTED ACTION: Place the approval of this grant contract on the Action Agenda for October lit, 2019. ATTACHMENTS: Copy of contract. Action Item Summary Form DAHP Contract.doc dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer Federally Funded Grant Agreement between Washington State Department of Archaeology and Historic Preservation and Mason County Grant No.: FY20-CLG-MASON Grant Title: CLG FY20 Effective Date: October 1, 2019 Expiration Date: September 30,2020 Grant Amount: $3,190.00 Federal Grant No.: N/A CFDA No.: 15.904 Grant Purpose This agreement is made between The Department of Archaeology and Historic Preservation hereinafter referred to as the DEPARTMENT, and Mason County hereinafter referred to as the GRANTEE. The purpose of this grant is to facilitate the attendance of a minimum of 3 members (including Staff)of the Mason County Historic Preservation Commission to attend the National Alliance of Preservation Commissions' (NAPC)national conference in Tacoma, Washington in July 2020. It is understood that by attending this conference the Mason County Historic Preservation Commission will become Parties' Contact Information DAEIP Contact Person: Hannah Armitage(360) 586-3072 Email: hannah.armitaae@dghp.wa.gov GRANTEE Contact Person: Michael MacSems(360)427-9670 Email: mmsta'e,co.mason.wa.us Grant No. #FY20-CLG-MASON Page 1 of 13 dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer Section 1:Responsibilities of the GRANTEE A. The GRANTEE will perform or cause others to perform the work described in the "Scope of Work" (Attachment 2). Additional special conditions or specifics about the work required by this agreement, if any, are in attachments as enumerated and described in Section 3. The GRANTEE agrees to perform the work in accordance with any such special conditions or specifics. B. The GRANTEE understands that the work called for under this agreement must conform to federal administrative requirements as they relate to the DEPARTMENT, and the GRANTEE agrees to comply with all such requirements. The following documents summarize some of these requirements and are incorporated herein and made a part hereof as though set forth in full: (1) The requirements of 2 CFR Part 200, Subpart F (formerly OMB Circular A-133 for States,Local Governments,and Non-profit organizations.) (2) The"Secretary of Interior Standards and Guidelines for Archaeology and Historic Preservation." All work under this contract must be in compliance with the relevant Secretary's Standards and Guidelines e.g. Preservation Planning, Identification, Evaluation, Registration, Historic Research and Documentation,Architectural and Engineering Documentation,Archeological Investigation, Historic Preservation Projects,and Preservation Terminology. (3) The Secretary of the Interior's"Historic Preservation Fund Grants Manual."- Latest Revision,June 2007. (4) Historic Preservation Fund Annual Grant Manual and Application,and any Federal budget changes/special conditions applicable thereto. (5) 43 CFR 17 Civil Rights, Subpart A, Implementing Title VI of the Civil Rights Act of 1964; and Subpart B,Implementing Section 504 of the Rehabilitation Act of 1973; and Subpart C,Implementing the Age Discrimination Act of 1975; and subpart E,Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of the Interior. (6) Americans with Disabilities Act of 1990,42 U.S.C. 1201 et seg. (ADA) providing comprehensive civil rights to individuals with disabilities in the Grant No. #FY20-CLG-MASON Page 2 of 13 dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer areas of employment,public accommodations, state and local government services,and telecommunications. C. The GRANTEE agrees to comply with the restrictions of 18 U.S.C. 1913 concerning lobbying with appropriated funds, which provides substantially as follows: "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress,be used directly or indirectly to pay for any personal service, advertisement,telegram,telephone, letter,printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress,to favor or oppose,by vote or otherwise,any legislation or appropriation by Congress,whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or its departments or agencies from communicating to Members of Congress at the request of any Member, or to Congress through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business." D. The GRANTEE agrees to maintain records in a manner which will provide an audit trail to all expenditures reported to the DEPARTMENT. The GRANTEE agrees to keep these records for at least six years following the ending date of the grant. In the event that an audit of the GRANTEE or of the DEPARTMENT should take exception to any expenditure by the GRANTEE,the GRANTEE agrees to refund to the DEPARTMENT on demand the amount determined by the audit as due. In the event that the DEPARTMENT is required to institute legal proceedings to enforce this repayment provision,the DEPARTMENT shall be entitled to its costs thereof,including reasonable attorney's fees. When arranging for an audit,the DEPARTMENT should contact the following GRANTEE representative: Michael MacSems (360)427-9670 615 W Alder St Shelton, WA 98584 E. The GRANTEE agrees to pay all the costs involved in carrying out the terms of this agreement prior to seeking reimbursement as provided for in Section 2A. When seeking reimbursement,the GRANTEE will submit a completed reimbursement form in writing to the DEPARTMENT and provide such documents as an affidavit of publication for newspaper advertising soliciting bids, contracts,photocopies of canceled checks and invoices, and other documents as may be requested by the DEPARTMENT. The DEPARTMENT will provide the Grant No. #FY20-CLG-MASON Page 3 of 13 dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer M" GRANTEE with the reimbursement form and guidelines for financial reporting procedures. The GRANTEE agrees to submit its request for reimbursement within thirty (30)days following completion of the work. F. The GRANTEE agrees to provide the DEPARTMENT with a completion report following a form provided by the DEPARTMENT. The GRANTEE will submit this report on or before the end date. The GRANTEE agrees that the DEPARTMENT shall have the right to withhold all or part of the payment under Section 2A pending receipt of this completion report. G. The GRANTEE agrees that the"Budget"(Attachment 1) shall be a financial guide for the work called for by this agreement. The GRANTEE may exceed the budgeted amounts,but this shall in no way obligate the DEPARTMENT for a greater amount than that stipulated as DEPARTMENT share, and in no event shall the DEPARTMENT be obligated for a greater amount than the Grant Amount. In the event that the GRANTEE should spend less than the budgeted amount on an object or element in the budget,the DEPARTMENT may either reduce its obligation proportionately or it may terminate this agreement. The GRANTEE agrees to maintain records which will render an accurate accounting by the elements or objects in the budget. The actual expenditures for the amounts reflected in the budget may vary by 15 percent without requiring an amendment to this grant agreement. H. The GRANTEE agrees that the DEPARTMENT shall have the right to terminate this agreement if the GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this agreement or if the GRANTEE shall violate any of the covenants, conditions, or stipulations of the agreement. In case of such termination by the DEPARTMENT,the GRANTEE agrees to return to the DEPARTMENT within thirty(30)days of the effective date of termination, any payments made by the DEPARTMENT to the GRANTEE under the terms of this agreement or any portion of such payments as may be directed by the DEPARTMENT. The GRANTEE agrees to submit documentation of the work identified in the Scope of Work on or before the grant end date. GRANTEE acknowledges and understands that final work which does not conform to the terms and conditions of this agreement or which does not meet the applicable Secretary of the Interior's Standards will not be reimbursed. L The GRANTEE agrees to submit a"Schedule for Project Completion" (Attachment 5)before beginning work under this agreement. Said schedule form Grant No. #FY20-CLG-MASON Page 4 of 13 dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer shall list each element described in the"Scope of Work"and shall indicate the approximate date when completion of each can be expected. J. The GRANTEE will maintain regular contact with the DEPARTMENT regarding the progress of the grant project. The GRANTEE agrees that the DEPARTMENT shall have the right to monitor the work called for by this agreement. K. The GRANTEE agrees to use competitive negotiation procedures (or small purchase procedures for under$25,000)for procurement of professional services and subcontracts. GRANTEE agrees to maintain records sufficient to detail the significant history of procurement and to forward evidence of competitive procurement to the DEPARTMENT prior to reimbursement of funds under this agreement. L. The GRANTEE agrees that it,its officers, agents and employees, and any other person or entity performing any work under this agreement, are independent contractors and not employees of the State of Washington. M. Federal funds are the basis for this contract. The GRANTEE certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any state/federal department or agency. Should for any reason the Federal funds which are the basis for this agreement become withdrawn, or not appropriated by Federal congress the agreement may be terminated without penalty to the DEPARTMENT. N. To the fullest extent permitted by law,the GRANTEE shall indemnify, defend and hold harmless the DEPARTMENT, other agencies of the State of Washington ("State") and all officials, agents and employees of the DEPARTMENT and the State, from and against all claims for injuries or death arising out of or resulting from the performance of the Contract. GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim.by GRANTEE's agents, employees, representatives, or any subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE's or any subcontractor's performance or failure to perform the Grant. GRANTEE's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. Grant No. #FY20-CLG-MASON Page 5 of 13 dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer mLm6l W"FFF1WW_ Consistent with RCW 43.17.320.340,the parties shall make every effort to resolve disputes arising out of, or relating to,this Grant through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this Grant,the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the director of each party and a third parry mutually agreed upon by the director of each party. The team shall attempt,by majority vote,to resolve the dispute. If the dispute cannot be resolved in this fashion, either party may request assistance from the Governor pursuant to RCW 43.17.330. O. The GRANTEE agrees to provide or purchase industrial insurance coverage, as applicable,prior to performing work under this agreement. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this GRANTEE, or any sub-grantee or employee of the GRANTEE,which might arise under the industrial insurance laws during performance of duties and services under this agreement. If the Department of Labor and Industries,upon audit, determines that industrial insurance payments are due and owing as a result to work performed under this agreement,those payments shall be made by the GRANTEE;the GRANTEE shall indemnify the DEPARTMENT and guarantee payment of such amounts. P. The GRANTEE agrees to include written acknowledgment of National Park Service and Office of Archaeology and Historic Preservation support for all grant- related publications and public information materials including audio-visual and workshop materials. The GRANTEE further agrees that the written acknowledgment shall comply with the form and content stipulated in the "Historic Preservation Fund Grants Manual—2007." Q. The GRANTEE agrees to any additional conditions identified in section 3 and attached to this agreement. R There shall be no discrimination against any person employed by the GRANTEE in connection with work covered by or related to this agreement, or against any applicant for such employment,because of race, creed, color, sex,age,martial status,national origin, or the presence of any sensory,mental, or physical handicap in accordance with Chapter 49.60RCW. This provision shall include, but not be limited to,the following: employment,upgrading, demotion, or transfer;recruitment or advertising; layoff or termination; rates of pay or other Grant No. #FY20-CLG-MASON Page 6 of 13 dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer forms of compensation and selection for training. The GRANTEE shall insert a similar provision in all subcontracts for services covered by this agreement. During the performance of this Grant,the GRANTEE shall comply with all federal and state nondiscrimination laws,regulations and policies. S. In accordance with legislative findings and policies set forth in Chapter 39.19 RCW the GRANTEE is encouraged in the participation and use of Minority and Women's Business Enterprise firms certified by OMWBE. T. The GRANTEE agrees that for any match specifically identified to this grant agreement by the GRANTEE the GRANTEE will not claim match directly earmarked or identified for this agreement as match for any other grant, agreement or contract. The DEPARTMENT has first and exclusive claim to match provided by the GRANTEE to this agreement as indirect eligible match to the National Park Service,Historic Preservation Fund award to the DEPARTMENT. DEPARTMENT: Grant Amount: $3,190.00 GRANTEE: Minimum Grant Match Amount: $0.00 Section 2:Responsibilities of the DEPARTMENT A. The DEPARTMENT agrees to reimburse the GRANTEE one hundred (100) percent of its actual authorized expenditures for the purpose of this agreement, provided: (1) The total paid by the DEPARTMENT shall not exceed the amount stipulated in the"Budget"(Attachment 1)as DEPARTMENT share. (2) All expenditures were incurred between the beginning and ending dates of the grant. (3) No expenditures have been previously claimed in any other grant from any agency of the state or federal government. (4) The DEPARTMENT has authority to expend the funds required to meet the obligations contained herein. (5) The GRANTEE has met all requirements contained in this agreement. Grant No. #FY20-CLG-MASON Page 7 of 13 dah- prol�t Allyson Brooks Ph.D.,Director State Historic Preservation Officer B. The DEPARTMENT agrees to consider requests from the GRANTEE for progress payments if, in the DEPARTMENT'S judgment, the public interest will be served by doing so and if such payments are administratively practical and provided appropriated funds are available for which to issue a progress payment. C. The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. Section 3;Attachments The following attachments are hereby incorporated into and made a part of this agreement. Attachment#1 Competitive Negotiation and Small Purchases Contracting Documentation— consisting of one page Attachment#2 Scope of Work—consisting of one page Attachment#3A Civil Rights Assurance—consisting of one page Attachment#36 Statement of Understanding for Grant Management Requirements—consisting of one page Attachment#3C Certification Regarding Debarment,Suspension, Ineligibility, and Voluntary Exclusion —consisting of one page Attachment#4* Report of Services/Labor Value Appraisal form to be used by GRANTEE to document labor costs —*INTENTIONALLY NOT INCLUDED Attachment#5 Schedule of Project Completion—consisting of one page Attachment#6 Budget—consisting of one page Grant No. #FY20-CLG-MASON Page 8 of 13 dahAllyson Brooks Ph.D.,Director State Historic Preservation Officer Section 4:Amendments This grant agreement may only be amended if such amendment is in writing(with the exception of the 15%variance for actual expenditures identified in Section 1.G),agreed to and signed by all the parties, and attached hereto. DEPARTMENT: GRANTEE: Washington State Department of Archaeology Mason County and Historic Preservation By: Allyson Brooks By: Kevin Shutty Its: Director Its: Chair, Board of Commissioners Date Date Federal Identification Number Grant No.#FY20-CLG-MASON Page 9 of 13 dah Allyson Brooks Ph.D.,Director State Historic Preservation Officer ATTACHMENT#1 COMPETITIVE NEGOTIATION AND SMALL PURCHASES CONTRACTING DOCUMENTATION This format should be used for contracts for professional services and other procurement to document compliance with federal procurement standards. 1. Grant Number: 2. Type of Contract: Professional Services Printing Equipment/Supplies Other 3. Addresses of Contractors Contacted: Name of Person/Business: Street or PO Box: City/State/Zip Code: Work Telephone Number: Quote/Bid given: Name of Person/Business: Street or PO Box: City/State/Zip Code: Work Telephone Number: Quote/Bid given: Name of Person/Business: Street or PO Box: City/State/Zip Code: Work Telephone Number: Quote/Bid given: Contractor Selected: Basis for Selection: Lowest Price Other If the basis for selection was not the lowest price, explain the basis used: Signature of Grantee Official Date Grant No. #FY20-CLG-MASON Page 10 of 13 duh Allyson Brooks Ph.D.,Director State Historic Preservation Officer ATTACHMENT#2 SCOPE OF WORK WORK TO BE ACCOMPLISHED: The GRANTEE shall conduct the following activities: A. MASON COUNTY NAPC 2020 CONFERENCE TRAVEL &REGISTRATION 1. The GRANTEE shall register for and travel to the NAPC 2020 Conference in Tacoma, WA. 2. REIMBURSEMENT: The GRANTEE will be reimbursed for travel expenses up to but not exceeding $3190 (for no fewer than 3 people). Expenses may include mileage (2020 state rate),registration,per diem(2020 state rate),parking, conference tours or ticketed events, and lodging. Receipts must be turned in for all expenses except for fuel and food/beverage (covered in mileage and per diem). PRODUCTS: The GRANTEE shall at a minimum submit the following products to the DEPARTMENT: A. NAPC CONFERENCE: Thoughtful 1-2 page discussion from each participant of something learned or of interest. What did you find useful for your work on the commission? Grant No. #FY20-CLG-MASON Page 11 of 13 dahAllyson Brooks Ph.D.,Director State Historic Preservation Officer ATTACHMENT#5 SCHEDULE FOR PROJECT COMPLETION List each proposed grant activity separately estimating the start and completion dates. This should be a complete listing of all potential activities associated with the grant including draft submittal dates, DAHP review and final product submittal. WORK TO BE ACCOMPLISHED ESTIMATED ESTIMATED STARTING DATE COMPLETION DATE MCHPC Commissioners and Staff will attend July 22, 2020 July 26, 2020 NAPC Forum 2020 Reimbursement requests submitted to DAHP Sept 1, 2020 Sept 30, 2020 Grant No. #FY20-CLG-MASON Page 12 of 13 duh Allyson Brooks Ph.D.,Director State Historic Preservation Officer ATTACHMENT#6 BudSet GOODS & SERVICES Travel Federal Dollars Hard Match Soft Match Total Hotel in Tacoma WA $1,452.00 $1,452.00 3 people x 4 nights) $121/night Per diem $959.00 $959.00 3 people x 4.5 days) $71/day Mileage from Mason Co to Tacoma $179.00 $179.00 3 people x 102 mi. $0.585/mi Other Registration 3 @$200 full conference rate, $600.00 $600.00 3 @$100 daily rate Total Goods&Services: $3,190.00 $3,190.00 Federal Dollars Hard Match Soft Match Total Project Cost Total Funding Request: $3,190.00 $3,190.00 Grant No. #FY20-CLG-MASON Page 13 of 13 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 COMMISSION MEETING DATE: 10/08/2019 Agenda Item # g. Commissioner staff to complete) BRIEFING DATE: 09/30/19 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to set a hearing on Tuesday, October 22, 2019 at 6:15 p.m. to sell parcel 32127-53-00174, located on E. Mason Lake Rd., Shelton. BACKGROUND: This parcel was considered surplus to the needs of Mason County via resolution 33-10 on May 4, 2010. 2019 Assessed Value: $4,275 Current offer: $4,000 As of October, 2019 there are no back taxes owed RECOMMENDED ACTION: Approval to set a hearing on Tuesday, October 22, 2019 at 6:15 p.m. to sell parcel 32127-53-00174, located on E. Mason Lake Rd., Shelton. ATTACHMENT(SE. Purchase and sale agreement Notice IAProperty Mng\Property Offers&Negotiations\32127-53-00174-2680 E Mason Lake Rd\action to set hearing.doc 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 03/14 OA 16001 9 PRI 19!22 FAX 364 426 VZ30 6C,e1tOd Lana ena domes W-w— aa25 �Co eht vacant Land Purcheend8xle Nalvwcel Multiple .- L e I gSweet Rev.7110 VACANT LAND PURCNAU AND SALE AGREEI UI T ALL RIGWS AESERV�D Rape 1 of 6 SPECIFIC TERMS 1. Ditto, Stptranber 33,x019 MLS No.- 1,109945 offer Expiration Dates 09/z5/�019 2 13uyer. Patty L.Hinton An untnlarriail parson U49r eawr Wows- 2. Seller: mason Connty sear - selmr 4. Property:Logol Descrgsiinh mttached as Exhibit A. Tax P.V'Cel No(r+).:3212753P0'l74 , , 2,600 E Malloy)Ake Rd Shelton Meson WA 98.584 nunnr19 - CIN Cnmh .e '10 6. Purchase Price;$ 4,000.00 Four thousand------ Dollsre e, Eamast Morley:S 500.00 Q Check; id Nota:Q Other (held by Q Sefling Flrm;m Cinaing Agent) 7, Politults(oiled(only one)Q Forfeiture of Earnest Money: 0 Seller's Election of Remedles 8, Tilla Insurance Company: Mason CeuabrT1tlr e, Closing Agent: Mason Cotmty Title Donna Dotson carp" IraHrsu 01714 A 10. Closing Date: 10125/2019 Possesslon Date:91 on Closing;Q 011ier 11. Services of Closing Agent for Payment of Utllltlos!D Requeated(attach NWMI-S Form 28K);la Waived 12. Charges/Assessmonte Lovied Belom hit Duo Aftor Closing:0 assumed by 6uycr;In prepaid In full by Sellnr lit Cloning 13. Seiler Citizen¢hip(FIRPTA)- Solior 0 Is;Q)Is not n foreign person for purposes a(V,S,income taxation 14. Subdivision:The Property:Q must ba subdivided Wore_;5d is not required to be subdivided 16. Foastbillly Contingency Expiration Onto;50 10 Jaya after mutual accepfanoo;U Other 18, Agency Dlecleaurei Selling Drokar represents.: 8S Buyar; Q Sellor,0 both parties;a neither patty fJ3ting Broker represents: Ed Sellor; Q both parties 17. Addonda; 221)(Optional Clauses) 31(Unrnest Money Note) 35F(Faselblilty) auynr'n sigrwe 0+114 Sellens Signature Data 9uy09 signak" _ Date Soiler s Signaturo Delo 400 Mat'Qaritrt Ave, guyadn Addmae 3eNers Address Pdlonito,CA 94306 _ Shelton,WA Gly,SICs,Zip City,Stale,T.Ip (360)974NA775 (360)417-9670 Pham No, Fax No. Phone No. Fax No, beltaralallt gmnU.com lauyer's EwnAl Address aerera E-MMAdarosa Slialton lAnd&fiotw,LLC 9822 Richard Ilnkmna Ranity Group 4537 Selling Finn MLS Otllea No. Uadna Firm MLS OrrlA No. JoAnn E.dut4on 25926 Richard hackman $3681 Senlog Broker(Print) ML.'1A0 No. LIS"Broker(Print) MLS LAG No, (360)A24-5sIS (360)599.9694 (360)426-6x.10 1360)426.5521 (360)790-1921 (360)426-1645 Finn Phone No; BMW "No, Fir n FAx No. Fkm t'nane No, Broker Phone No, Firm Fast No. jborgcrtf.F4ntt.nct mall(63RlchnrdBackman.eom 9Cpine FNm'Dooumen(E--nialrAddress u511nQ Firm Document k-mall Moretti jodleglAcomcaAt.not richard(73rkWrIbeckmnn.crsm dellMg BroKer's E-rnall Addreee UoHng Sfokar'a E-Mail AddMen 50168 . 89ti47 96421 9628 Selling eemmr DOL LhMna No, selling Flrm 001,IJcmr.0 No. ur ing Broker act.Eleoma No. UMN Firm DOL Warne No. 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 04/14 04/20/2019 FRI 1517.2 FAX 960 Y2C UZOU bnplmon i,anu auu nu„mo . .._ _ Form 26 ®Copyright 9a1Ft voonnl Land PurOmod&Sale VACANT LAND PURCHASE ANA SASE AGREEMENT NothwoMMultiple LION SaMce Rev.7110 VACANT RIGHTS RESERVED PnOe 2 of 5 GENERAL TRRMS Confrnund a, Purchaeo Price.Buyer ahadl pay to ceder the Purchase Price,Inutudtnq the Earnest Money,in cash at Closing,unless 1 otharwiao"clued In this Agreement.Buyer ropresants that Buyer has sufficteht funds to close Ibis sale In accordance 2 with this,Agreement and Is not retying an any contingent saLlrce of funds;Including funds from toens,the said al other 3 prapany,gifts, retirement, or future earnings, except to the extant otherwise spcctfied In this Agreement.The perSev 4 shall rrRB caution when wiring funds to Ovoid prientlal wire fraud.Acton wiring funds,the party wiring funds shell take 5 steps to confirm any wire Instructions via An fndrpondently verified phone number and outer appropriate mepeuros. a h. Earnest Money.Buyer shall dnitver the Eament Monoy within 2 dayq Rnor mutual acceptanr o to Selling Broker or to 7 Closing Agent.If Buyer dellvera the Earnest Malley to Selling Broker,Selling Broker will deposit any check to be held by e Selling Firm,or deliver any Eatnoet Money to ba held by Closing Agent,within d days of receipt or mutual accoptpnce, 9 whichever occurs later.It(he Earnest Money is held by Selling Firm and Is over$19,909,99 ri shall he deposited Into an 10 Interest bearing trust account in Selling Fittn's name provided that Buyer computes an IRS Fenn W-9.Interest,it any, 11 after deduction of bank charges and fees,will us paid to Buyer.Buyer ahAll relmburee Selling Finn for bank chargsE 12 and feoa In excess of the interest earned,If any. If the Enmast Money nolo by Selling Firm in over$19,900.00 Buyer 13 has the option to requiro setting Firm to dopoah the Parnaat Money into the Housing Trust Fund Account.with the 44 interest paid to the Stato Troasurer,If both$eihrr and Buyer so agruo in writing.If the Boyar doew not complete an IRS 1B Form V44 bafarn Selling Fine must deposit the Earnest Money or the Eamest Money is$10,000.QU or less,the Earnest 16 Money shell be deposited into the Housing Trust Fund Account,Selling Firm may Imnsfar the Earnest Money to Closing 17 Agent at Closing.If all or part of thn Eamnat Money Is to be refunded to Buyer and any such coats remain unpaid,the 18 Sailing Firm or Cloning Agent may deduct and pay them therefrom.Tho pariles Instruct Closing Agent topprovide written 19 verification of receipt of tha EAmast Money and notice of`dichonor of any cheek to the parties and Brokers At the 20 addrmlles and/or fex numbers provided herein. 21 Upon ten-nInnuon of this Agreement,o porty or the Closing Agent may deliver a form authorizing the release of Famed 22 Money to lho other party or tho pantos.The party(s)shatl exsoute such form and deliver the some to the Closing Agent. 23 If olutar party falls to execute the release form,Ai party may make a written demand to the Closing Agent tot the Earnest 24 Monoy.Pursuant to RCW 64.04,closing Agent shell deliver notict of the demand to the other party vrithfn 15 days.if 25 the other party does not object to the demand within 20 days of Cluaing Agent's notice,Closing Agent shell disburse the 20 Earnest Money to the party making tete dcmand within 10 days of the expiration of the 20 day period,If Closing Agent 27 timely recotvtae an objection ar An Inconalelant demand from the other party,.Closing Agent shall commence an 2B Intarpteader action within 80 days of such oblr>rcticn or inconsistent demand, urdeas the partlos provide subsequent 29 consistent InslrucUonS to Closing Agent to disburse the earnest money or refrain from commencing an interpleadw 30 action for a.specified period of time_ Pursuant to ROW 4.28.009, the patties nonnant to cervico of the summons and 31 complaint for an Interpleader action by first alms mail, postage prepaid at the party's UUuat malting address or die 32 addreae identified In this Agreemeht, it fife Closing Agent compiles with uta preceding process, each party anoll be 33 daemeo to have released Ciosin0 Agr:ni from any and all claims or liabifiiy ralated to the disburse) or the Earnest 34 Money, If either party the to authorize the re osse,of the Earnest Money to the other party when required tb do so 95 underthic Agreement,thflt party shall be in breech of this agreement.For the purposes of this section,the term Closing ,46 Agent Includes a$eking Firm holding Ilia Earnest Money,The parties authorize the party commonging an Interpleader 37 action to deduct up to$500,00 for the costs thereat, 3B c, Condition or Title.Unless otherwise specified in Ihin Agrdement,title to the Property shell be marketable at Closing. 39 The following shall not cause the tills to be unniarketablc:rights, resorvations, covenants, conditions and restrictions, 40 presnntiy of reoord and general to the area:emarnenbt and oncronchments, not materlolly affecting the vatUa of or 41 unduly interfering with Buyer=s reasonable uito of the Proporly;slid reserved ell Andfor mining rights.Setter shall not 42 convey or reserve any oil andlor mineral rights lifter mutual acceptance without$uyoPs written consent. Monetary 43 encumbrances or Ilona not assumed by Buyer,shall be paid or discharged by Seller on or before Closing.?lite shall ba 44 conveyed by a Statutory Warranty Deed,It this Agreement is for conveyance of a buyyer's interest In a Real Estate 45 Contract.the Statutory Warranty Deed shalt Include a buyer's asaignmont of the contraot sufflclent to convey atter 48 ecquit&I ttflo.If tho Property has been short platssd,itlo Short Plat number is In the Legal Desciipt;on: 47 d. Title Insurance, Sailor authorize4 Buyer's lender or Cfaving Agent, at Sefleen exponoc,to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Tills Insurance Company, if Seiler previously 49 received a preliminary commitment from it Title Insurance Company that Buysr dvcflnes to use, Buyer shall pay an yy 50 cancellation reps owing to the original TfUe Insurance Company, Otherwise, the party applying for title InsUrance shall 51 pay any title oancoilation fee,In the event such a fee Is assessed,The Title Intunnce Company shad send a copy of 52 the preliminary commitment to Seiler, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 tlgo policy to be Issued,shall contain no exceptions other than the General Exclusions,and Exceptions In s,id stTndsrd 94 form and Special Exceptions corlolotonl Willi talo Condalon of Title herein provided.if title cannot be mode to insurable 55 prior to the_Closing Doto,then as Buyer's sole Lind exclusive remedy,the Earneayt Money shall, unleao Buyer elects to 56 waive such defects or t ncumbrarlcos,be refundnd to the Buyer,less any cinpald wale described In Vila Agreement and 57 ,thin Agreemont wie, 11ereUpon be terr7ynaled. Buyer shall 1,ve no right to specific porasrmanco or damages as a 50 consequence of Seder's kiabillly to provide insurable tide. 5e H aaL°`� Buyef'o Initials Pat. Buyers inilimfs. Cato Holror'o Initial% Dole Seller's Inillels Dale 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 05/14 o9/ZO/7.010 TRS 16,23 TeX 360 Q'Le o-"JV bnel.con Lauc ariu -Vmv- —" i Form 25 GCOpyriON2010 Vocant Land Purctinno d Sale VACANT LAND PURCHASE AND SALE AGREEMONT abrALL P tAultlple U611 RVEDrlce Rev x/19 ALL RIGH1'8 ReS�RVED i Patna A nr S GENERAL TERMS oortdnued 9. Ctcvfrtff and Poeeasslon. ThIA sato snarl he cleaAd by the Clotting Agent an fhsa,closing Date,"CleAlttg" means the 511 data oft whlch all dacumenta aro.recorded raid the sate procesds lire available to Soffer.If the Closing Date falls on a 61 Saturday, Sunday, legal hoildoy as deflned to RCW 1.16,069,or day when Ilse county recordingg arfca is closed, the 62 Clerdng Agent shall doeo the transection an the next-day that to nota Saturday,Sunday,Iegat hdGr2y,or day when the 63 { county recording office is closed.Buyer shaft be entitled to possession at 9:00 pant,on the possession Date.Se1181'at11111 64 maintain the Property in Its present congglon,normal wear and leer excepted,until the Buyer Ia proWded possession, 66 1; Buyer reserves the right(o waiK through rho Priporty,within 5 days of Closing to verity that Seller hills mehttelnad the 66 l' property as required by this paragraph Sellar shall not enter Into or modlly existing laaaes or rental agreements, e7 nervice contracts;or other egresmanta affecting the Property which have tarme,extending beyond Closing without first 88 obtAlning 8woes consQnt,which shall not ba unreasonably withheld, 69 f: Soctlon 1431 LIk"Ind Fxchttnge,If either Buyer or Seller Intends for this transaction to be A pall of a Section 1031 70 Isco-kind exchange, Than the other party_Ahall cooperate in the'complatlon of the like-kind.exOanga so leng as,the 71 coaperatirte party Incurs no aftilionat IEat�blty In doing no,and so long As any expenses(Including attamayr.'fees and 72 cdstst Incurred by the caaporaling party tint ars roloted only to the exchange are paid or reimbursed to the cooperating 73 Sin at or prior to t losing, No Ole Assignment paragraph of this Agreement, any party comploting a 74 Sin on 1031 like-kind cxcnanoe may asalgn Otis Agreement to Its qualified Intermediary or any entity sat up toring 75 purpo4es of eomploting a reveres exchange. 76 g, t:tnrtrsg cants and Proratione and Charges and Ateassmentsl, Seiler and Buyer Shall each pay 01'1e4i911'of the 77 aoerow`Ma unieiss otttetvci'se requited by applicable FHA of VA regulations,.Ta)tat for the current year;,rent interest, 78 And lionable homeowners accoclallon dues shelf be prornted as of Closing. Buyer shall pay Buyer's loan costs; 79 Includitig credit report,appraisal charge Dnd lender's title insurance,unless provlded othprw►ao In this Agreement,if any 60 psymenta are delinquent on encumbrancc3 witch will remain agar Closing,Closing Agent Is Inatruciod to pay such et delinquencles_at Closing from money due,of to be paid by,Seiler,Buyer shall pay for remaining 101 In the fuel tank If; 62 prior to Cloeing,Sellar obtains a wrHten statement from the suppiler as to the quandly and current price and provides 83 such.statement to the Closing Agent, Seiler shall pay all utility chnrgeo, including unblited charges. unlece%valved in 84 Spedfla Torn.No 111.Seller And Buyer rcquesi the services of Closing Agent 16 dishurning funda nucesoffly to safL V 65 unpaid uputy etlargee Iri accordanco Wth RCW 60,80 and Sollor shall provide the names and 40dlteeaa of all utAltlets 88 providing ti�rvloC fa rite'Property end having Iten rights (attach NWMLS Form 22K Identiricatipn of Utllllles or 97 equivalent), Do Fluyar Is advised to verify the exislence and arnount of any lora! Improvement dlstrlcl,cape*or I►ttpArA Charge&or 89 other assessments that may be charged against the Property boforo or afler Closing.Seger will pay filch charges that 90 are or become due an or baforo Closing.Charge`)le*.d betorc CloWng,but becoming duct after 011"Ing shalt be pa_ki 91 as agreed In Specific Term No.12, 92 h, Seta InforniAtIon. Unting Broker and Selling Broker are authorized to report this Agreement(Induding prkrts.4nd 96 93 torma)to the Mulllpie Listing Service that pubilsh9d It and to Its members,financing inslibi(l oppralserr;,Find anyone 94 also related to this sale.Buyer and Seller expreusly authorize all Closing Agents,appraisers,9tie;.Insurance companles, 95 and others related to this Sale,to furnish the Usfing Broker andlor Selling Broker,on request,any and all Informatlan 96 and coptas of documents cor"rining this sate. 97 1, setter citizonehip and FIRPTA.Seller warrantn that tha Idantlfleolton of Seller's citizenship etatue for purposes of U.S, 08 racoma tnxeticn In Specific Term No.13 Is`correet.Seller slt3ll execute a cerlIflration(NWMt_13 Form 22E or equlva►agt) se under the Forotgn Investment In Real Property Tax Act("FIRPTA")at Closing and provide trio conli kation to the Closing 10.0 Agent.It Seiler Is a foreign person far purposes of U.S, Income taxation,and this transaction Is not otherwise frt600 101 frQM'P'JRPTA Closing Arent Is Instrpcted to withhold and pay the required amount to use Internal Revenue$arida. 1W 1Votimm and Deilvory of Dacumervts. Any notlae related to thin Agreement (including revoc-,itiong of oflers tX 103 countetrofWD)must no in writing.Notices to Wer must be Signed by at Mast one Buyer and nhoit be deemed delivered tae oniy:vehan the notlat In ro shed by Sailer,by Cluing Broker,or at the licensed office of Listing Stoker,Notice6 to Buyer 105 rpuat'be stgnnd by at Toast one Seller and shall be deemed'delivered oO/whorl the notice In mcolvod by Buyer;by 146 5411166Broker.or at the licensed ofta of telling Broker,Documents related to this Agreemont,such as NWML5 Form 107 1.7C,Information on Lead-Based;Paint and Lead-Base,a Paint Hazards,Public offering Statement or Resale Certlflcate, 108 and all airier documents shall bo deliverbd purouent to ills paragraph, Buyer and Seller mutstlte to Selling Broker and 109 Listing Broker advised of their whereabouts In of der to receive prompt netltlention of receipt of ls notice , 110 Frtoalmfle tranamisalon of any notice or document shall conatttIAG depvery. E-mail trisihistrils6lon of any nott0e.or Ill document(or g direct qnk to such notice or document)sholl eorssl►tute delivery when:(I)the e-mail Is sent to both Selling 112 Broker and Soiling Firrr or both Listing Broker sad Usting Firm 8t the e-mail addresses specified on pope one of this 113 Agreamentc or(11)Selling Broker or Listlnp Broker provlds written acknowledgment of receipt cf the a-mal(tan automatic 114 e-mail reply aces not constitute swnttten;ackrtmMedgmarit).At.Ilia request of either party, or the Cloeing Agent, the 115 areas Yon confirm facsimile or L-mall transmitter)signatures by signing an origfnet'document, 118 UyB Ar'91nluals Dn1n Buyars initiale Date Seller's Initials Dalt aMcr'a Initialo f7r . 3 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 06/14 J9/39/3019 a iE!23 RAR 360 426 8230 Steelton Lano. ttaa homes - - Form 2rl rt QCapyriphl201A Ne 1-1stIng. S0Vve"Lond Purchaan 9010 VACANT I.AND PURCHASE AND SALE AG2EEMENT ALL RIGHTS RESERVE Rw.7AgI GENERALTERMS e 4 ConthuAd k Computation of Time,Unless otherwl-A speclrtled In this Agreement,any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the.period and Khali expire at 8:00 P.M.of the 116 last calendar day of the cpacl led period of time.Except for the PDsmettolon Date,If the Inst day Is a Saturday,Sunday iia or legal holiday as deflned In RCW 1.1e.050,the,9parified Odod of time shalt expire on lima najt period that Intnott 0 1Z7 Saturday, Sunday or legal holiday,Any specified period of 5 days or loss, except or any 5 Po9seslon pato,shall not include Saturdays,Sundays or legal hAdays.if the parties agree that an event+x14 occur on a 172 specific calendar data,,the event shalt occur art that date.except for the Clotting Dale,which,if It tells on a Saturday, 12a Sunday,lege!holiday ua defined In RCW 1.15.050,or day when the county recording orrice ftt closed,shall occur on the 124 next d6y[hat Is nota 3attttday,Sunday,legat ilollday,or,day when the county recording offcoe is closed.If the pgrtton t25° agree upon and attach a legal deRcription Atter this Agreement la signed by the otfeies and dsilvared to the otfetor,than 128 for the purposes or computing time,mutual occeptence shalt be deemed to be on the.date of delivery of an atxepted 127 afforor,counteroffer to the offeror.rattier than on'the data the legal descrlpfion is attached:TimA 1e3:.bf the esge tro of 129 this Agreement. 1. Integration and Eh*anis SignMunarc.This Agreement conatltules The enure Understanding betweeh the per(lee'And 130 aupersedas aX prim or contemporaneous understandings and represetttalono.No rnodificatlOn of this Agraamnnt shgl►:101 132 be effective unless agreed In writing and aigned by Buyer and Seiler Ttie paNes ahknowivdgea !het a *,ignattirp•N 133 0f4;clronlc form has tt .8 1me legal effect and vtRfdlty or,a handwritten signature. m, Aesignment.Buyer may not asclgn this Agreement,or Buyeez Agile hereunder without Seller's prior written consont, 134 antasc thf!parl1ea Indicate thol.assignment is oermitted by the addloon of°and/eir assigns" on the line Identifying tho 1335 Buyer on the first page of this Agreemont n, Default.In the event Buyer falls,without!eget excuse, to complete the purchase of thA property, then the following 137 provision,as Identified In Specific Term No.7,shall apply: ive 1. Forfeiture of Earnest Purchase P Ice nhai he forfeited to th, That e Seller asortion a,tthe 4010 Andho &cl eloney ite remedy svaliabie tohat does not exceed t&Herfor such Poll of jet, i4o II. Sailor's Eloctlon of Ramadlea.Seller r*.,.At Ballot's option,.(n)keep the Earnect Money at liquidated damagpes 141: aA the Aoto and exclitAivo remedy avaligW to Seller forsirrh fntlure,(b)bring tiult against Auyet for Selloes-actuei Uig damages,(e)bring suit to spoclneally enforce this Agreement and recover any Incldantai damages,or(d)pursue 1A3 any other rights or remadi»e available at law or 640Y. 144 a, Professional Advies and Attdrnays'Fees.Fluter and Seller are AdvlAed to teak the eaunt;el of an eitotnoy t'xtd S 14S certined public accountant to review the terms of this Agreement.Buyer and Wer shaft pay their own Paas inCUIrted for 146 such review, However, if Buyer or Seller Incdtutott !suit against the other concerning this Agreement, pr N the pa(W. 10 holding the Earnest Money comment-es tin Intnrpieader odlon,the prevailing party to entitled to reasonable attorneys' 140 fesrt end oxpensea, p. OfFar.This offer must be accepted by 0:00 p.m.on tho:Offer F-Nplratlon Uata, uniesc toner withdrawn.Acceptance 150 rhail not.be etkcilve until a signed copy Is recolved by the other party,by die other party'o broker,or at the licensed 151 ofrlce of the other party's broker pursuant ta_Generol Term), N Milk offor Is not so acr:epted, It shall lapse end any 162 Earnest money shall be refundod to duyar. 153 q. Counteroffer.Any changt.In ttt .terms.presented In an offer or countirblW,other than the Insertion of or chAnga to 154 Solier'3 name and Seller's niatraniy of citizenship eutus, shall be•con3klered a countercffcr. If a party OSWS d 155 counteroffer, then tha. other party Khali have until 9:00 p,m. on the counteroffer exp1mHon date to tempt 'Mat 158 counteroffer, unless sooner withdrawn.,acceptance shall not be Effective until a signed copy is recely t! by rho other 137 party,the other party's broker,or at the licenced office of the other patty's broker pursuant to General Tenn j.it the 158 counteroffer Is not so accepted,It shall lapse arTd any Earno-M Money chat)be rehtnded.to Buyer, 159 r. ortor aril Counteroffer Explratlon Data. it no expirAtlon date is specified for lin of1eFlCacirrteroffer. the iso olfericounterofliar shall expire 2 deys,affer the tWedcounteroffer Is delivered by the party snaking the offerlcoutlttaroffer, 161 unless sooner withdrawn, 162 a. Agancy Disclosure. Staling Firm, Selling Firm's gastdnatad Broker, salfidlg Broker!+ stanch Manager V any)and 163 Selling BmItors Managing Broker Of any)represent the s9mo party that SdIng stoker represents.Ustin9 Firm,Listing 164 Finn's Annlgnatad Broker,.Lintrnq Brokoes i3r.3nch MAnaper Of any), and.i.ltt> Sroker'e Manapinq Broker Of arty) 185 represent the same party that the Listing Broker represents. It Selling Broker»nd tJsling Broker are dlffert?ttt persons 186 affrNated wan the some Flrm,than bath Buyer and Seller confirm their consent to 063igna(cd Broker,Branch Manager 161 (If any),,and Managing Broker Of any)representing both partler.At dual agilinti.L If Selling Broker and Lisithl;Broker are 1e8 the,souls,parson repreaenttng both parties then hath Euyer ono Seller aacfine their consent to that person and his0 /her 1 Dettlgrratod Broker,Brunch Manager(if any),and Nanoging Brokar(if any)roprosenting both pnrtier,As dtial agents.Nl 171 vt patiles aclatowledge`recelptof.the pamphlotentided'The-Law of Real Est*Aooncy. OuOr'a inittale Data Buyer%Inlllaie Dato Sotrar o IMINAIn Date ShIlften InlPAIA DPIe 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 07/14 ' 09/�Q/2p 19 FRa 16124 VAX 360 a16 9730 Ahwlton Land end HOrnee �luvo vt. Y p 3 Form 2R ecopytigitt2019 Vacanl Land Purchase h Solo VACANT LAND PURC14ASE AND SALE AGREEMENT No ALL R04TRIA�(ERRVEEl7�Ice Rev.511a GENERAL TERMS Popo s of 9 conrN+usd t. Commlealon. Seiler And Buyer shall pay a eommissfon to accordance with any listing or commission egreerAeni to 172 which til are a perry.The Lfsttng Firm's commission shAlt he apportioned between Luting Firm and Bellinq Firm as 173 specMedIn the listing.War and Buyer heroby consent to Llsttng nrm or 861009 firm recehrinq compensallon from 174 mots than. one party.Seller And Buyer hereby r+sslgin to Listing firm end Selling.Finn,an epplloable,a portion of their 175 W44 In oacrcw equal to such comrnlsaion(s)and hrsvv6bF/instruct the Closing Agent.to disburse the commlesion(s) lid diractly'tc the Firm(s).In:any action by Lietin or Sellinq Firm to enforce ihis eragrraph,the prevnlltng party la eniltfed to 17/ court coats and reaeonetlte:ailomevs fees.8a119r and Buyer agree that cha Arms aro Intended third party beneflclorlP>s 170 underthfa Agreement 178 u. Feasibility Condriperir*It is the auyer'n.responsibility to.verifybeforo the Feasibility Contingency Expiration lisle KBQ identified in speolfia Ten'rt No.i s whother or nnl the Praperty can be platted,developed and/or built on(now of Ir+rho .1131 future)and what It will 6W to do tnin.Buyer should not rally on any oral etatementa concerning this made by the SeAort 182 LISIllig Broker or.Selling Broker.Buyer should Inquire At tho city or county,slid water,sewer or ather special districts in 183 which the Prop+srty it located.Buyer's Inquiry should Include,but be limited to,building ordoVeiopment moratorium 104 applicable to or being Considered for the Property;any special building requirements,Including.411hacks,ileight limits or 165 restrictions on where bulldings may be conAriardcd on tho Propartr,whether lila Property is alraotod by a flood zone, 188 wetlands,ehorcianda or other environmentally cenaltivo arm,road,rchool,fire and any other growth rNtlgation or"ad 197 fees trpt must be paid: the procedure and length of time heceksary to obiatn plotapprovo! and/tt[a buprfthg permit 188 stifllcient water,-ewer uulity and any service connacflon charges;and all Other ohurgas feet must he paid.Buyer and 169 Buyer's rapenta,representatives,coneu@t►nts,arehltects and engineers shall have the+rignt,from time in time during and 190 after the ferasibalty contingency,fa enter onto the Propoity and to conduct any tests or 4tudfea Il at Buyer may noes!to 191 nscertatn the condition and subility of the Property for Buyer's Intended purpose,(buyer shall restore the Property and 19? au Improvements on the Property to the some condition they were In prior to the Inspection.Buyershall be responsible for 1s3.. ell drimagos resulting from any Inspection of the,Proporly performed on Ruyerc behalf.If the Buyer does not give notice 194. to tho Contrary on or'before the FeasibdHy Confingoncy Expiration Date Identified 41 Specific Term No. 15,11 shall be JuS. conclusively deemed that Buyer Is satisfied a6 to development and/or construc#on,teA6ibli y and oast. If 9uyer.9.1vac 1013' notice this Agmament slain terminate and,tho Eemest Money shall be refunded to Buyer,Ieas any unpald costa, 197 Beller shall cooperate With Buyer In obtaining permits or other approvals Buycr may reasonably require for Buyer's 198 Intended use of tho Property:prouldad thrif Sailer shell not be requited to incur any Ilability of expensco In doing 9o, 190 V. Subdivpsrion,if the Property must be subdMdetl.Seller represents that there has been pr❑t(minary plot appmvni for the ZT property and this Agrooment is ecnditloned'on filo recording of the final plot containing fila Property on or beforC.the Zi date specified in Spoelfle Term No.14,If the final plot Io not recorded1y such date,this Agreement shah terminate And 202 tho Earnest Money Ahntt bo rofurided,to Buyer. 203 w. information vorirtcatlon Period.Buyer&hall have 10 days atter mutase Hcceptsnce to verily;all Inforfnatlon provided 234 from Seller or L14ting Film related to the Property..Tills contingency 0611 be deemed satlsfied unless auyer gwcq notice205 Identifying the materially Inaccurets informatfon within 10 drys of mutual acceptance+,if Buyer gives timely notice under 2M this section,then this Agreement shall terminate and the Eamost Money shall bo refunded to Buyer. ZD1 x. Property Condition Disclaimer.Buyer and Seller agree.that exonpt as provided In this Agreement,all representations 208 and information regarding the Property and the transaction are solely from the Seller or Ruyer,and not from only Broker. 0 The porter acknowlcdgc that the Broken; nre not rozponobie for assuring that the pnrtles parform their obligations 270 under thi-.Agreement and that non_^ mf the Brokers has agreed to independently .InvoatlgatB:.or oonf rm any.ii'iafter 211 relpied to thio transaction except As Motod in this Agreorttent, or in a seperats writing .signed by such Broker. [n 212 addition, Brokers do not guarantee the value, quality or eondltion of the Property and some properties may emulsin 210 building materials, Including atding,roofing,caning,lnetdatfort,electrical,and plumbing, that have been the subject of 214 141w4uits and/or governmental Inquiry bocauso of possible defects or health hazards.Some properties may have other 215 defacts arising after construction, ouch as drainage, leakage,pest rot and mold problems. Brokers do not have the 210 expertise to Identify or assess defective prcducts, maferlats, or conditions.Buyer is urged to use due difigenae to 711 Inspect the Property to Buyer's satisfaction and to retain inspectors quallned to Identify the pre%oncb of defective 218 materials slid evaluate the condition of the Property As there may be defects that may only be ravegied by careful 219 Inspection, Buyer Is advised to invaOlgMe whother thr_rc Is o aunitcient wa(pr supply to rrteet 0uyer's needs,Buyer Is 920 sduised to Invest(gats the cost of insurance.for the Property,Including, but not'IMUted to horneowner'S. (toed, 221 earthquake,landagde,alid other avoitable coverage.Buyer acttnowledpes that locol ordinances may iesAct short film 722 retitoli.of the Property.BrnkorA may rasalsl Um parties with locating and aelectina third porly service V.grMovlders,stuh or, 223 Inapectars or contractors, but Brokers cannot guQrnrtre or be rcGponebl0 for the services provided by those Wirt! 224 pxrll9R,The parties shall exercise their own judgment and due dnlgeriO-regarding third-party sarvice pi'ov►dera, 225 Btryo/p initlals Data Atryrv's InItL1W noes QeRer'F InlUala Dale Seller's initrela sate 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 08/14 09/20/2019 FAT 1A!24 FAX 360 425 3230 SC.0,LtOa Lana Ona nome6 �.. . . i i l . Nt 019 FWM 220 ��PYdg Options(01sumn Addendum Norihweat Nhdtlple Lilting Servlx Rev'7110 OPTIONAL CLAUSES ApDENDUM Td ALL RIAFfrS RESERVED Page 1 of 2 Ii PURCHASE&SALE AGREEMCNT j The following Is part of ilio Purchase and Sale Agreement dated_Septmh0r T3,xot9 1 betvreen Patti L.Hinton (`BuYerl 2 Rw& gum and Mason County (*Solaro) 3 Mir ntoa concerning 2680 E Mnson Lahe Rd Shelton VMA 95584 _(the'Property'), 4 # Aura Vr *Wh zip CHECK IF INCLUDED_ 6 1. 0 Square FootagelLot SizalEncronchmeltt8,The Listing Broker And Selling Broker make no representAlons s co r,eming:(a)the Int giza or tho accuracy of spy information provided'by the Sailer;(b)the square footoge of 7 nny improvementn on the Property;(ra)t+ether there taro any enrrnachments(fence&,rookeries,buildings)on 0 Ole Property,or by the f'roparty on adjacent properties.Buyer is Advised to verify let size,square footage and 11 encroachments to Buyer's own satisfaction. 10 2. Titto Insurance,The.Title Insurance clause In the Agreement provides Seller Is to provide the them-current ALTA 11' form of Hornoovvner's Policy of Title insurancia.The parties have the option to provide less coverage by selecting 12 a Standard Owner's Polley or more coverage oynclecting an Extended Coverage Palley 13 CI Standard Owner's Coverage.Seller 2uthorf2es Buyers lender or closing Agent,at Sellers expense,to 14 apply for the then-rurront ALTA form of Owner's Policy or Title Insurance,tognthor with homeowner's 1s additional protection and inflation prnieation endorsamonts, if avallabie at no additional cost,rather than 1a the Homeowner's Policy of Tilla Insurance. 17 0 Extsndad Coverage.Seller authottzoo Buyers tender or Closing Agent, at Seller's expense to apply far 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the HomBowndre 19 Policy of TRIO Insurance. Buyer shalt pay ilio Increased costs assoclated with the Extended Coverage 70 Policy, Including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by tho title Insurer, 22 3. ❑ Seiler Cleaning. Seiler shall clean the Interiors of any structures and remove all trash, debris and Rubbish 23 from the Property prior to Buyer taking po.oression. 24 4. Ct Persortal Property. Unless otherwise agreed, Seller shelf remove all paraoral property from the Property 25 not later than the Possession Data.Any personal property remaining on the Property thereafter shall become 25 the property of Buyer,and may be rstnined'or disposed or as Buyer determines. 27 6. ❑ utilities.To the best of SellSeA knowledge,Seller represents that the Property is connected to a: 29 ❑public waler main;O public sewer mala;❑septic tank;O well(specify type) i 29 ❑irrigetion water(specify provider) 0 natural gas;0 telephone; 30 U cable;O alecttielty;O other 31 G. o Insulation •New Construction. If this Is new construction, Federal Trade commission Regulations require 32 the following to be filled In. If Insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer tho information below in writing as moon ae available; 37 WALL INSULATION:TYPE: THICKNESS: R4ALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. 0 Leased Property Rtaviow Period and Assumption. Brayer acknowladges that Seller leasee tine following se Items of personal property that are Included with the sale; Ll propane tank; ❑ security system; ©satellite 39 dish and operating equipment; ❑other 40 aa'7 9ttn Ioitio. suyars Innlnin Late Salim'$InitIMIA Dfftn swllern InmpM Data 09/14/2019 22:35 5563287518 FEDEX OFFICE PAGE 09/14 00/20/2014 FRI 16:35 FAX 360 4JU 0430 poeLton [Lana ana nomeo 4W.— 2ecopyrIgh12nin Form �1 Fdrm 2d Clavaoa Atldandum Norihwoat NU11ple Unting Service Rev.7119 ALL RIGHTS tiESERV�D Page 2 oT 2 OPTION!\I,CLAUSES ADDENDUM TO PURCHASE&SALE AGREEMENT Continued Shcar shell provide Buyer a copy of the lease for the selected Items within days(5 days If not fitted a1 in of mutual acceptance. If Buyer, In Buyer's oole discretion, does not give notice of disapproval within a2 days(5 days if not filled in)of receipt of the lease(s)or the date that the lease(s)are due,whichever tin is cdtilor,than this lease review period shall concluslvely be deemed satisfied(waived)and Eli Closing,Buyer 44 shell sseume tho lease(s) for the selectau Items) and hold Sellar narm)ess from and against any further 45 obligation, liability, or claim eriaing from the)eese(s), if the lasses) can be assumed, If Buyer glVeti timely 46 notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 0. a tiontoowners'Association Review Period. It the Property Is subject to a homeowners'assoclatlon or any 4e other assoclatlon,then Seger shall,at Seller's expense,provide Buyor a copy of the following documents(If 49 available from the Association,)Yrthln__,.,,.days(10 days If not filled Int)of mutual AcceptanGe: 5o A. Association rules and rsgulatlons,Including,but not limited to architectural guidelines; 91 b, Association bylaws and covenants,conditions,and restrictions(CC&Rs); 5P. D Association meetino minutes from the prior two(2)years: 53 d. Association Board of Directors meeting minutes from the prior slx(6)months;and 54 e. Association financial statements fiom the prior two(2)years and current opereting budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapprovalwltlin days(5 days If not 56 filled In) of recelpi of the above doct,ments or the dale that the above documentB ere due, Willchever Is 57 eariler,then this homeowners' assoclatlon review period shall conclusively be deemed satisfied (waived), If 5e Buyer given timoly notice of disapproval,then this/Agreement shall terminalt and the Eermeet Money shag he 59 refunded to Buyer, e0 9. 0 Horrivownen'Ansoclation Transfer Fee, it there Is a transfer foo imposed by the homeowners,association B1 or any other association(a,g,a"move-in"or'move-out"fee),the fee shall be paid by the party Ela providad.for 52 In the associationdocuments.If the assoclaftri documents do not provide wench party pays the fee,the fee 63 shall be paid by❑Buyer,W Seller(Bailer if not filled In). 64 10. ❑ Excluded Itam(s), The following item(a) that would otherwise be included In the safe of the Properly, Is e5 excluded from the sale ('Excluded ltem(s)"}. Seller shall repair any damage to the Property caused by the e6 removal of the Excluded Item(s).Excluded Item(s): e7 e8 69 11. ❑ Home Warranty, Buycr and Seller acknowledge that home warranty plane are available which may provide 70 additional protection and benefits to Buyer and Seller,Buyer shall order a one-year homy vasrranty as follows: 71 ia. [-tome warranty provider: 72 b. Seller shall pay up to$ _($0.00 if not filled In)of the cost for the home warranty,together 73 with any included options;and Buyer tihail pay any balance. 74 c. Options to be Included; 75 (none,if not filled In), 76 d, Other; 77 12, Q other. 7A 79 eo e1 82 ea 54 85 V d auysen Inninln Palo euyar'e Initlala Dole Sellas InirinlR Dke Selh+ra Inlilitis Dain 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 10/14 09/20/2019 FRI If.Z5 b'A5 a0u uz0 pzov DL111L1;'L1 Lams auu nv-1=3 Form 35F ra(`.opyrtght 2010 FeaaibllRy Conengoncy Addendum Northwest Mumpio Ltallng 9ervke Row,711 o ALL RlOhrre REer;flVF-D Pipe 1 of 1 FEASIBILITY CONTINGENCY ADDE=NDUM Tho following Is pert of the Purchase and Sale Agmement doted 9eptamber 23,20]9 1 between Patty iG"Intoe ("Buyer") 2 aurnr Wme and MARAA G'Ottrtt "Sellar") 3 5 .n seam, I conceming 2.680 E Macon fake Rd Shelton WA 98584 (the"Property"), 4 Hamar G,y BIN+ zip Feasibility contingency,Buyer shall verify WN111-1 10 days(10 days if not filled in)after mutual Aceoptance 5 (the "Femslbiilly Contingency Expiration DDje")thea suitability of the Property for Buyer's Intended purpose including, 6 but not lirnited to,whether the Property can be piatte:,developed Findlor built on(naw or in the future)and what It will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency ExpUAtion,Date. if Buyer gives a timely notice of 9 dlsapprowil,then this Agrooment shall tarminate and the Earnest Money shall be refunded to Buyer, Buyer should not 10 rely on gny Dral statements concernInq feasibility made by the Seiler, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county,and water,sower or other special districts In which the Property is located.Buyer's Inquiry 12 shall include, but not be limited to building or development moratoria applicable to or being considered for the 13 Property:any special building requirements,Inrluding setbacks,height tlmits or restrictions on where buildthga may 14 nonstrueted on the Property; whether the Property Is offoclod by a flood zone, wetlands, sliamhlnds or other 15 environmentally sensldve area;road,school,flro and any other growth mitigation orimpnct feet that must be paid;the 16 procedure and length of time necessary to obtain plat approvai onftr a building permit; oufliclsnt water, sewer and 17 utility and any services connection charges;end All othor charges that must be paid. 18 Buyer and auyor'a agents; representatives, consulintils, architects and engineers shall have the tdhtt from time to 19 time during the foesiblllty Contingency,to enter onto the Property and to conduct any tests or studies that Buyer mny 20 need to assertain the condirinn And suanbility of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were In prlar to the Inspection,Buyer shall 22 be responslble for ail damages resulting from any Inspection of the Property performed on Buyer's behalf. 7..a 62 AGREEMENT TERMINATED 1p NOTICE OF SATISF=ACTION NOT TIMELY PROVIDED, If chocked, thle24 Agrearrment shall terminate and Buyer shall receive a refund of the Eamest Money unless 5uyer gives notice to Seller 25 on or before the Feasibility Contingency Fxpiration Rate that the Property Is suitsabte for Buyer's Intended purpose. 28 �l 3 evyare Inlliala Date Buyer's Initlals Dale 3ellere Inillala DAIe somata initlale Dgle 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 11/14 99/29/1.019 rXL 11'27 NAA 90U YL0 OL3V 111101LOU UMTlu C<<su nVL.OA WA-1 w— Form 42 Coopyripik Agency Diaeosure Norlhivest Multrprn 4teUng tSnrvko Rov.Illp AU,RIGHTS RESERVED Pegn 1 or At3ENCY DISCLOSURE Woehington State law ra4oltes rout astate brokers to disclose to an psrtles to whom the broker renders real estate 1 brokerage services whether the broker represents the.seller(or lesror), the buyer(or lessee), both the"oiler/lessor 7 and buyer/leeaee,or neither. 3 This form in for use when the transaction forms du not otherwise contain an agency disclosure provlslon, 4 THE UNDERSIGNED BROKER REPRESENTS, Buyer, 5 THE UNDFRSiGNED 6uYER r LIc39EE OR SELLER 1 LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED"THE LAW OF REAL ESTATE AGENCY" 7 BUYER R 8lgnaturci Date D 5lgnatum Data 10 Signature Dente 11 Signaturrl Date BROKER JoAttnX,Gurdon 17 Print/Type BROKER'S S(ONATURE 13 FIRM NAME AS LICENSED EtWinp LiAnd&Aorary Ll,-C- 14 Print/Type FIRM'S ASSUMED NAME(if applicable) 15 PrintlType 4 09/14/2019 22:35 65032B751B FEDEY, OFFICE PAGE 12/14 Oy/'1&U/ZU1y FKA J.Q. 60 reu 90V •19 Oa?v 91{OJ.-I —k— au+ —.—a ru•- -- e Form 31 cupyrkttit 701D Earnest Money Proml000ry We Norlhwast MvAlple Unt"SarAce RRv.7110 ALL RIGHTS RFSERVEb PA"7oft t3ARNE.81"MONEY PROMISSORY NOTE $ 500.00 Shelton Washington 'I FOR VALUE RECEIVED, 'Potty L.I3lutou 2 tt, (flBuyer) 3 eu,nr fsgred(s)to pay to the order of ebolton Land 6a Homes,>LIL,C (Selling Firm or Closing Agent) 4 the sum of _ Vivo Itundred. Dollars 5 (y 500.00 I,an fnllows: B ❑ within 3 dayn following mutual acceptance of the Purchase and Sale Agreement. 7 wltnln 5 days f011owing mutual"ACCOPtOW of g mmiment B This Note is evidence of the obligation to pay Earnest Money under a real estate Purchase and 9 Sale Agreement between the Bayer and MgaeR C'aunty 10 ('Sellerr) 11 dated 5tptember2J,2n11 Buyer's(allure to pay the Esrnast Money 12 strictly as above shall constitute aefault on sold Pirrnhuse and Sale Agreement tie Well as on this Note. 13 If this Note shaN be placed in the hands of an attorney for collection,or If suit shall be brought to collect 14 any of the balance due on this Note, the Buyer promises to pay reasonnbla ottomeye'fees, and all 15 court and collection coats. 16 nate: 09t2llq _ 17 BUYER 18 BUYER 19 "'On closing"or nlmlltar language is not recommended.Use a datlnita date, 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 13/14 0017e/2014 FRI 16: 26 VAX j60 425 1:1230 Sr.,elson Lana anc HOmee flu,��v�'7 ALTA COMMITMENT FOR TITLE INSURANCE t€ SCHEDULE A Order No,: 20195248 EXHIBIT"A" Legal Dnecription, Lot one huhdmd reventyfour('174),Lake I.rnerlck,DiviAlon No.Four,Volume 6 of Plats,pages 190 to 195,both incluslve,records of Masan Gounty,Washington. Parcel No.32127 53 00174 Abbrovinted Legal: Lot 174,Lake LimarinkZly 4 \A� Parcel No(s): 32127-53-00174 Purportad Apdresa: None assigned,WA „ ✓� This page is only a part of a 2016 ALTAO Commilment lar 77dn tnsurence, nils Commomenl is not vend wRhout the Noflcr,the Comnfhnent to!anis Rooiij:rt trra_GoReanUsments:anC 9chettute 9,Part tt ErcaoNons. ORT Form 46an WAA nnloallai TC oalltal8 �� -�••�•• Schedule A ALTA Commitment for Me Insurance Pape2nf 2 09/14/2019 22:35 6503287518 FEDEX OFFICE PAGE 14/14 09/24/2p19 t*fu l6i 36 FAx s6o 425 g130 sf.niton Land and Homoa N. T1 TU COMPANY Part of Vm Aedlf tmd This!droup Order Number: 201952 48 Property Address:None assigned Lake Limerick-DlvisIon No. Four,Volume 6 of Plats,pages 190 to 196,both induahre n � s ray' �j•41► " g 9 M19• Vi 176t 174 .sift" •w"�+ i 7T � ���* A •+�rl'�G't''tit.. .. t'..�p -,V Vil i • n • �YC 4 R u a>b or 178 , •t 3 - b fp sir 4r' ,n 1X9 4, , � se 17� seal• P tr t 171 4-0 8"W 1P WO �� �. X10 s� �,w. ►ts � �� #' w �,�rnst�l E�d,� !t r sr R�4 y + d• flit- i1'4 : . 231 'ntla le nota curvy, H IR provided as a oanvenlenea to locate the land Indicated hereon with rrioranas to siroots and other land. It Is not IriOndad to 'ehow an matter relalad to Ma property Including,bvt not Ittnited Io,crass,dlmem0nor,wraismania,encroachments,or Imagon botv+dnrler.. It In not a ppori of,rrarMwv l modify tho aommilment or oiry to winch It Is adochod. Thur campmhy Wilmos no RoblIlty for any matter related io fn s ekefoh. Refamnam Mould be made In an occurete survey for further Infarmntion 130 W Italbbed Ave,Shoimn,WA 98SS411hona:(360)426.97.13/(360)426-0716 WcbSRr.: WWW,MnrwnC4uatyTlde.00m NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, October 22, 2019 at 6:15 p.m. SAID HEARING will be to take public comment on the sale of surplus property- parcel no. 32127-53-00174. If there are questions about the proposed sale, please contact Frank Pinter at 360- 427-9670 ext. 530.If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 8th day of October, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 2t: 10/10/19& 10/17/19 (Bill: MC Commissioners 411 N 5`h Street, Shelton,WA 98584) 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: October 8, 2019 Agenda Item # g 3 (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 8067093-8067386 $ 2,339,907.47 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for September 2019 $ 148,614.95 Electronic Remittance Detail Macecom 9/6/19 $ 135,082.92 Mental Health 9/10/19 $ 1,394.05 Housing to Housing Authority 9/17/19 $ 10,937.98 Belfair Wastewater to Bond/Admin Fees 9/30/19 $ 300.00 NBIC-Bond to Admin Fees 9/30/19 $ 300.00 Mason County LTGO 2013 Bond 9/30/19 $ 300.00 Mason County Tax GO Bd 2008 9/30/19 $ 300.00 Refund Interest Earned 9/30/19 $ 7.93 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 $ 22,371,833.80 Direct Deposit YTD Total $ 12,441,802.96 Salary Clearing YTD Total $ 12,997,123.07 Approval of Treasure Electronic Remittances YTD Total $ 7,065,551.28 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8067093-8067386 $ 2,339,907.47 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for September 2019 $ 148,614.95 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) N Q,� oN �o Office of the Treasurer 411 N. 5th, Bldg. I P.O. Box 42 Shelton, Washington 98584-0429 ��> = (360) 427-9670, ext. 475 • Fax (360) 427-7267 Belfair (360) 275-4467 • Elma (360) 482-5269 9/6/2019 Elisabeth (Lisa) Frazier, Treasurer Payment approval of Macecom: Account FUND # Remittance RECEIPT # Macecom 001.000000.300.300 $ 135,082.92 M-58073 $ - 9/10/2019 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 1,394.05 M-58150 Is - M- 17-Sep-19 Account FUND # Remiittance RECEIPT # HOUSING 117.000000.000.200 $ 10,937.98 M-58364 HOUSING AUTHORITY 666.000010.000.000 $10,937.98 M-58366 9/30/2019 Q REFUND INTEREST EARNED Account FUND # Remiittance RECEIPT # CURRENT EXPENSE 001.000000.260.000 $ 4.29 Multiple Re ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $0.71 Multiple Re Veterans Assistance 190.000000.000.000 $ 0.03 Multiple Re COUNTY ROAD 105.000000.000.000 $2.81 Multiple Re MENTAL HEALTH 164.000000.000.000 $0.09 Multiple Re BOND ADMIN FEES 9/30/2019 FUND Account# Remiittance RECEIPT # Belfair Wastewater&Water-Bond/Admin Fees 413.000000.000.000. 300.00 M-58726 NBCI-Bond/Admin Fees 403.000000.000.000 300.00 M-58726 Mason County LTGO 2013 Bond 215.000000.000.000 300.00 M-58726 Mason County Tax GO Bd 2008 250.000000.000.000 1 300.00,M-58726 Respectfully submitted by Julie Richert,Chief Deputy Treasurer 9/30/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _404_ COMMISSION MEETING DATE: 10/8/19 Agenda Item # 91q Commissioner staff to complete) BRIEFING DATE: 9/30/19 BRIEFING PRESENTED BY: Lydia Buchheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Sub-contract for Family Education Support Services (FESS) for $27,600 from October 1, 2019- May 31, 2020. Funded by, Division of Behavioral Health Resources (DBHR) contract Health Care Authority #K3929, Community Prevention & Wellness Initiative in Shelton and North Mason communities. Background: This is a renewal plus expansion of previously contracted parenting education services as part of the Community Prevention & Wellness Initiative to serve both Shelton and North Mason. This contract fulfills deliverables from our DBHR contract, which provides funding for our substance abuse prevention work. It includes state funding from the dedicated marijuana account RECOMMENDED ACTION: Approval of Contract #2019-2010 #SA1 with Family Education Support Services for $27,600 from October 1, 2019-May 31, 2020. Attachment(s): Professional Services Contract #2019-2020 #SAI I:\Community Services- Public Health\Commission Agenda Item Summary Template.doc 4 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # 2019-2020 #SA1 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Family Education Support Services (FESS), hereinafter referred to as "CONTRACTOR." Contracted Entity Family Education Support Services Address 1202 Black Lake Blvd. #B, City, State, Zip Code Olympia WA 98502-7207 Phone 360-754-7629 Primary Contact: Name, Title Shelly Willis Primary Contact: E-mail ShellygFamilyess.org Washington State UBI# 601-945-899 Federal EIN 91-2003171 DUNS Number 962-502-501 Total Award/Contract Value 527,600 Funding Source HCA contract# K3929 State SABG Federal None CDFA Numbers 93.959, 93.213, 93.788 Contract Term Duration Oct 1, 2019 — May 31, 2020 County Contract Contact: Lydia Buchheit, Community Health Manager County Contact Email: mason.wa.us County Contact Phone: 360-427-9670 ext. 404 Exhibits incorporated into this Exhibit A: Scope of Work B: Insurance Requirements Personal Service Contract by C:DSHS/DBHR Requirements D: DSHS/DBHR Data Security reference Requirements 1. PURPOSE The purpose of this contract/grant is to assist the COUNTY achieve its goals and deliverables in a Division of Behavioral Health and Recovery Community Wellness and Prevention grant. 2. DURATION OF CONTRACT The term of this contract/grant shall begin on Oct 1, 2019 and shall terminate on May 31, 2020. The terms and conditions of this contract may be extended upon mutual agreement of County and Contractor subject to availability of grant funds. 3. SCOPE OF SERVICES a. The CONTRACTOR/GRANTEE will provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as identified by the COUNTY in Appendix A. b. The CONTRACTOR/GRANTEE shall produce written reports, data, or other written documents (deliverables) as identified by the COUNTY in writing and detailed in Appendix A. c. The CONTRACTOR/GRANTEE shall identify measures that will be used to demonstrate outcomes that address and advance the goals of the Mason County Mental Health and Substance Abuse Program. d. All written reports required under this contract must be delivered to the Contract/Grant Manager designee, in accordance with the schedule set forth in Appendix A. e. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. 4. 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 I 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 5. COMPENSATION: CONTRACT total compensation is not to exceed $27,600. 6. GENERAL CONDITIONS a. Independent Contractor: (1) 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. (2) CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit A and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. (3) The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. (4) CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. b. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. c. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. d. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit A. Where Exhibit"A" requires payments by the COUNTY, payment shall be based upon written claims 2 supported, unless otherwise provided in Exhibit "A," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "A" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "A". e. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A grit of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. f. 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. g. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. h. 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. 3 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. L 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. j. 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. k. 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 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 COUNTY. I. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. m. 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: (1) CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. 4 (2) 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, and provided no reduction in performance or loss results to COUNTY. n. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY 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. o. 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. p. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in Exhibit B "Insurance Requirements." (1) Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. (2) 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. q. 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. 5 r. Defense and Indemnity Contract: (1) 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 there from) 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. (2) 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. (3) Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. (4) Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. s. 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. t. Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand- delivery or other generally accepted manner including delivery services. u. 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. v. Termination: (1) 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 6 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. (2) 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. 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. (3) 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. w. Disputes: (1) Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. (2) The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (a) any act or failure to act by the Administrative Officer of COUNTY, or (b) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. (3) The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 7 i x. 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. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. y. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. z. 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. aa. 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. bb. On-Site Monitoring: The Contractor shall conduct a subcontractor review which shall include at least one (1) on-site visit, annually, to each subcontractor site providing services to monitor fiscal and programmatic compliance with subcontract performance criteria for the purpose of documenting that the subcontractors are fulfilling the requirements of the subcontract. 8 7. CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be the contact person for all communications and billings regarding the performance of this Contract. Invoices will be received and payments made to: Contractor Count Family Education and Support Services Mason County Community Services Contact: Shelly Willis Contact: Casey Bingham Address: 1202 Black Lake Blvd. #B 415 N. 6th Street Olympia, WA 98502 Shelton, WA 98584 Phone: 360-754-7629 Phone: 427-9670 ext 562 Email: Shell Famil ess.or Email: Case b co.mason.wa.us a. CONTRACTOR/GRANTEE in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements there under pursuant to any rules or regulations. b. The CONTRACTOR/GRANTEE agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the COUNTY's contract representative or designee. 8. Entire Contract This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. The contract may be altered, amended, or waived only by a written amendment executed by both parties. THIS CONTRACT, including all Appendices, is executed by the persons signing below who warrant that they have the authority to execute the contract. BOARD OF COUNTY COMMISSIONERS CONTRACTOR/GRANTEE MASON COUNTY, WASHINGTON Shelly Willis Kevin Shutty, Chair Title Date Randy Neatherlin, Commissioner ATTEST: Sharon Trask, Commissioner Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead Chief Deputy Prosecuting Attorney 9 EXHIBIT A SCOPE OF SERVICES 1. Parenting Programming A. The programs to be implemented are "Guiding Good Choices" and "Strengthening Families". The plan is to provide four series of classes. The classes would include: i. Two Classes of each series (Guiding Good Choices and Strengthening Families). This would include a GGC series and Strengthening Families Series in North Mason and in the Shelton Area of Mason County. Classes will be offered in collaboration with community partners-including local schools, tribes, and social service partners. ii. Participant sign in sheet and agenda to be submitted to The Shelton coalition coordinator upon completion of event as required by The Department of Behavioral Health Recourses (DBHR). iii. All other conditions and requirement of the contract. 2. Prevention Summits i. One Day Shelton Substance Abuse Prevention Summit ii. One Day North Mason County Substance Abuse Prevention Summit 3. Subcontractor DBHR Requirements a. In the event of a contract termination of the subcontractor, Mason County will seek to ensure all available prevention/project data on services provided have been entered into the Substance Use Disorder Prevention and Mental Health Promotion Online Reporting System also called "Minerva". b. Subcontractor will distribute a grievance policy to all participants. c. Background Checks. (RCW 43.43, WAC 388-877 & 388-877B) (1) FESS shall ensure a criminal background check is conducted for all staff members, case managers, outreach staff members, etc. or volunteers who have unsupervised access to children, adolescents, vulnerable adults, and persons who have developmental disabilities. (2) When providing services to youth, the Contractor shall ensure that requirements of WAC 388- 06-0170 are met. d. Services and Activities to Ethnic Minorities and Diverse Populations (1) Ensure all services and activities provided by the Contractor or subcontractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all diverse populations. (2) Initiate actions to ensure or improve access, retention, and cultural relevance of prevention or other appropriate services, for ethnic minorities and other diverse populations in need of prevention services as identified in their needs assessment. (3) Take the initiative to strengthen working relationships with other agencies serving these populations. The Contractor shall require its subcontractors to adhere to these requirements. 10 4. Reporting Requirements: Progress & Final Reports Activity Reports and Information Invoice Due Dates 1. Attendance by FESS representative in monthly Sign-in verification Second Wednesday of each Shelton Prevention Education Partners (PEP) month. 4-5:30 PM. Shelton Coalition Meetings Timberland Library 2. FESS will report on course demographics, 10th the of each month Subcontractor will use their own participation data and course sign-in sheets following work forms -following the completion of each course. completion 3. Billing invoices are due electronically by the 10th the of each month Submit electronically to: 15th of the month following course completion. following work Caseyb(cDco.mason.wa.us Please specify if work completed in Shelton completion Cc: Ben i(cDco.mason.wa.us and/or N. Mason in the invoice details. 4. FESS will submit required DBHR survey Series Report due 10 Submit electronically to: reports on time to COUNTY via email days following course Beni@.co.mason.wa.us completion CC: Casey b co.mason.wa.us 5. Demonstrate program is following program Include in narrative in reports -fidelity model due January& May 6. Pre & Post Survey reviewed by County Prior to First Activity Submit electronically to: Ben co.mason.wa.us 7. Implementing Pre & Post Surveys approved by 10th the of each month DBHR following course Data from Pre& Post Test completion 8. Shelton prevention Summit 10th of month following Sign in sheet and agenda summit 9 North Mason Belfair parent summit 10th of month following Sign In sheet and agenda summit 10. performance Work Evaluation Narrative(see Due by May 15, 2020 Submit electronically to: #5 below) Ben co.mason.wa.us 10. All of above reporting is due no later than May Verification that all 15, 2020. reporting complete by coordinator. 5. Performance Work Evaluation Narrative a. The Contractor shall ensure program results show positive outcomes for at least half of the participants in each program group as determined by Activity Log with individual participant sessions. b. "Positive outcomes" means that at least half of the participants in a group report positive improvement or maintenance as determined by the program measurable objective between pre and post-tests. c. Positive outcomes will be determined using the pre-test and post-test data reported to County d. Evaluation of data will occur on the 15th of the month following the final date of service for each group. (1) DBHR/HCA Contract#K3929 requires the following protocol for evaluation: (a) Matched pre-test and post-test pairs will be used in the analysis. (b) To allow for normal attendance drop-off, a 20% leeway will be given for missing post-tests. (c) If there are missing post-tests for entered pre-tests in excess of 20% of pre-tests, missing post- test will be counted as a negative outcome. Example: there are ten (10) pre-tests and seven (7) post-tests. The denominator would be eight (8) and the maximum numerator would be seven (7). e. Costs for meals or food are not allowable to be paid with this grant funding. 11 6. Bud et& Payments North Mason 2 Guiding Good Choices(5-weeks ea)15treng. Fam 10-weeks Expenses Description Total Personnel: Coordinator $25/hr x 150 hrs. Coordinate staffing for instruction and child care, $3,750 (Inclusive of benefit estimate) materials,facility use,marketing,supplies and responsible for tracking and reporting outcomes.Overall community coordination Contracted Services Instructor$50 an hour(GGC class 20hrs or 40hrs total)$2,000 plus $4,000 (Streng. Fam 1 10-week or 40hrs X$50 or$2000)Total$4000 Contracted Children's team 3 staff @$15hr 2-GGC classes for total hrs 90hrs or$1,350 and $2,700 Strengthening Fam-3 staff X 90hrs total X$1,350 Books Family guides, and/or books $15 each estimated at 45 total $675 participants Printing Weekly handouts-marketing- pre/post evals etc estimated at $25 $1,125 per participant estimated at 45 Travel Travel for staff estimated at $200 also for Belfair we will set $200 $400 aside to support participants in travel Supplies Family Fun night materials and children's activity supplies such as $3,000 playdough, markers,and paper, name tags, Incentives, food pens etc Prevention promotional items estimated at $150 per session X 20 (10GGC& 10SF)sessions N. Mason Prevention Coordination and supplies marketing and data collection $800 Summit Total $16,450 Shelton 2 Guiding Good Choices(5 weeks each) Expenses Description Total Personnel: Coordinator Coordinator: $25 hrX100hrs Coordinate staffing for instruction and $2,500 (inclusive of benefit estimate) child care, materials, facility use, marketing, supplies and responsible for tracking and reporting outcomes. Overall community coordination Contracted Services Instructor$50 an hour(GGC class 20hrs or 40 hrs total)$2,000 $2,000 Contracted Children's team 3 staff @$15hr estimated at 90hrs$1,350 $1,350 Books Family guides or books given to each participant$15 each estimated $675 at$45 total Printing Weekly handouts-marketing- pre/post evals etc estimated at $25 $1,125 per participant estimated at 45 Supplies Family Fun night materials and children's activity supplies such as $1,500 playdough,markers,and paper, name tags, Incentives, food pens etc Prevention promotional items Estimated at$150 for 10 sessions Prevention Summit Coordination of speakers,marketing,and collection of outcomes $2,000 Total $11,150 Total Shelton & North Mason $27,600 Funding will be disbursed monthly upon submitting the program reports and expenditure invoices. Expenditures are cost related and reimbursable. Back up receipts must be kept of file by the sub-contractor available for review by the County. 12 EXHIBIT B 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, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. b. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 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. 2. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. 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. 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. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverage's required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 13 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-insurance 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. i. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. j. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. k. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. I. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. m. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. n. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. o. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. p. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. q. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 14 EXHIBIT C DSHS/DBHR CONTRACT REQUIREMENTS 1. All subcontractors are responsible for the following DSHS/DBHR contract requirements and conditions as applicable, when providing subcontracted services to patients, clients, or persons seeking assistance, which include but are not limited to: b. Audit requirements - OMB 2 CFR, Part 200, Subpart F (A-133) audit requirements if applicable to the subcontractor c. Authorizing facility inspection d. Background Checks e. Conflict of interest f. Debarment and suspension certification g. HIPAA Business Associate Agreement and Compliance adherence as outlined below h. Indemnification i. Nondiscrimination in employment j. Nondiscrimination in prevention activities k. Performance Based Contracts I. Providing data m. Records and reports n. Requirements outlined in the Data Sharing provision in the Contract o. Services provided in accordance with law and rule and regulation p. Treatment of assets q. Unallowable use of federal funds 2. Applicable Law. This Contract contains links to both DSHS and Federal websites to provide references, information and forms for the Contractor's use. Links may break or become inactive if a website is reorganized; DSHS is not responsible for links that do not respond as expected. These legal resources identified below are incorporated by reference and include but are not limited to the following: a. 21 CFR Food and Drugs Chapter 1, Subchapter C, Drugs: General https://www.law.cornell.edu/cfr/text/21/chapter-1/subchapter-C b. 42 CFR Subchapter A--General Provisions Part 2 Confidentiality of Alcohol and Drug Abuse Patient Records https://www.law.cornell.edu/cfr/text/42/chapter-1/subchapter-A 45 CFR Public Welfare, Part 96 Block Grants, Subpart L Substance Abuse Block Grant https://www.law.cornell.edu/cfr/text/45/part-96/subpart-L c. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards 2 CFR Part 200 in 45 CFR Part 75 https://www.law.cornell.edu/cfr/text/2/part-200 https://www.law.cornell.edu/cfr/text/45/part-75 d. Fiscal/Program Requirements (Formerly BARS) https://www.dshs.wa.gov/sites/default/files/BHSIA/dbh/Substance%20Use/FY 14%20Fiscal%20Prog ram%20Reciuirements%20for%20SUD.i)df e. 2 CFR Part 200, Subpart F audit requirements for Federal Funding 15 https://www.ecfr.gov/cqi-bin/text- idx?SI D=ac813d7a31 efe588ae606093657fe484&mc=true&node=sp2.1.200.f&rqn=div6 3. HIPPA Compliance Definitions a. "Business Associate," as used in this Contract, means the "Contractor" and generally has the same meaning as the term "business associate" at 45 CFR 160.103. Any reference to Business Associate in this Contract includes Business Associate's employees, agents, officers, Subcontractors, third party contractors, volunteers, or directors. b. "Business Associate Agreement" means this HIPAA Compliance section of the Contract and includes the Business Associate provisions required by the U.S. Department of Health and Human Services, Office for Civil Rights. c. "Breach" means the acquisition, access, use, or disclosure of Protected Health Information in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the Protected Health Information, with the exclusions and exceptions listed in 45 CFR 164.402. d. "Covered Entity" means DSHS, a Covered Entity as defined at 45 CFR 160.103, in its conduct of covered functions by its health care components. e. Designated Record Set" means a group of records maintained by or for a Covered Entity, that is: the medical and billing records about Individuals maintained by or for a covered health care provider; the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or Used in whole or part by or for the Covered Entity to make decisions about Individuals. f. "Electronic Protected Health Information (EPHI)" means Protected Health Information thatis transmitted by electronic media or maintained in any medium described in the definition of electronic media at 45 CFR 160.103. g. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as modified by the American Recovery and Reinvestment Act of 2009 ("ARRA"), Sec. 13400—13424, H.R. 1 (2009) (HITECH Act) h. HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and Part 164. i. "Individual(s)" means the person(s)who is the subject of PHI and includes a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). j. "Minimum Necessary" means the least amount of PHI necessary to accomplish the purpose for which the PHI is needed. k. "Protected Health Information (PHI)" means individually identifiable health information created, received, maintained or transmitted by Business Associate on behalf of a health care component of the Covered Entity that relates to the provision of health care to an Individual; the past, present, or future physical or mental health or condition of an Individual; or the past, present, or future payment for provision of health care to an Individual. 45 CFR 160.103. PHI includes demographic information that identifies the Individual or about which there is reasonable basis to believe can be used to identify the Individual. 45 CFR 160.103. PHI is information transmitted or held in any form or medium and includes EPHI. 45 CFR 160.103. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USCA 1232g(a)(4)(B)(iv)or 16 employment records held by a Covered Entity in its role as employer. I. "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with system operations in an information system. m. "Subcontractor" as used in this HIPAA Compliance section of the Contract (in addition to its definition in the General Terms and Conditions) means a Business Associate that creates, receives, maintains, or transmits Protected Health Information on behalf of another Business Associate. n. "Use" includes the sharing, employment, application, utilization, examination, or analysis, of PHI within an entity that maintains such information. Business Associate shall perform all Contract duties, activities and tasks in compliance with HIPAA, the HIPAA Rules, and all attendant regulations as promulgated by the U.S. Department of Health and Human Services, Office of Civil Rights. 4. Use and Disclosure of PHI. Business Associate is limited to the following permitted and required uses or disclosures of PHI: a. Duty to Protect PHI. Business Associate shall protect PHI from, and shall use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 (Security Standards for the Protection of Electronic Protected Health Information) with respect to EPHI, to prevent the unauthorized Use or disclosure of PHI other than as provided for in this Contract or as required by law, for as long as the PHI is within its possession and control, even after the termination or expiration of this Contract. b. Minimum Necessary Standard. Business Associate shall apply the HIPAA Minimum Necessary standard to any Use or disclosure of PHI necessary to achieve the purposes of this Contract. See 45 CFR 164.514 (d)(2) through (d)(5). c. Disclosure as Part of the Provision of Services. Business Associate shall only Use or disclose PHI as necessary to perform the services specified in this Contract or as required by law, and shall not Use or disclose such PHI in any manner that would violate Subpart E of 45 CFR Part 164 (Privacy of Individually Identifiable Health Information) if done by Covered Entity, except for the specificuses and disclosures set forth below. d. Use for Proper Management and Administration. Business Associate may Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. e. Disclosure for Proper Management and Administration. Business Associate may disclose PHI for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate, provided the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been Breached. f. Impermissible Use or Disclosure of PHI. Business Associate shall report to DSHS in writing all 17 Uses or disclosures of PHI not provided for by this Contract within one (1) business day of becoming aware of the unauthorized Use or disclosure of PHI, including Breaches of unsecured PHI as required at 45 CFR 164.410 (Notification by a Business Associate), as well as any Security Incident of which it becomes aware. Upon request by DSHS, Business Associate shall mitigate,to the extent practicable, any harmful effect resulting from the impermissible Use or disclosure. g. Failure to Cure. If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate's obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate's obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible. h. Termination for Cause. Business Associate authorizes immediate termination of this Contract by DSHS, if DSHS determines that Business Associate has violated a material term of this Business Associate Agreement. DSHS may, at its sole option, offer Business Associate an opportunity to cure a violation of this Business Associate Agreement before exercising a termination for cause. i. Consent to Audit. Business Associate shall give reasonable access to PHI, its internal practices, records, books, documents, electronic data and/or all other business information received from, or created or received by Business Associate on behalf of DSHS, to the Secretary of DHHS and/or to DSHS for use in determining compliance with HIPAA privacy requirements. j. Obligations of Business Associate Upon Expiration or Termination. Upon expiration or termination of this Contract for any reason, with respect to PHI received from DSHS, or created, maintained, or received by Business Associate, or any Subcontractors, on behalf of DSHS, Business Associate shall: (1) Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (2) Return to DSHS or destroy the remaining PHI that the Business Associate or any Subcontractors still maintain in any form; (3) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 (Security Standards for the Protection of Electronic Protected Health Information) with respect to Electronic Protected Health Information to prevent Use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate or any Subcontractors retain the PHI; (4) Not Use or disclose the PHI retained by Business Associate or any Subcontractors other than for the purposes for which such PHI was retained and subject to the same conditions set out in the "Use and Disclosure of PHI" section of this Contract which applied prior to termination; and (5) Return to DSHS or destroy the PHI retained by Business Associate, or any Subcontractors, when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. k. Survival. The obligations of the Business Associate under this section shall survive the termination or expiration of this Contract. 5. Individual Rights a. Accounting of Disclosures. (1) Business Associate shall document all disclosures, except those disclosures that are exempt under 45 CFR 164.528, of PHI and information related to such disclosures. 18 (2) Within ten (10) business days of a request from DSHS, Business Associate shall make available to DSHS the information in Business Associate's possession that is necessary for DSHS to respond in a timely manner to a request for an accounting of disclosures of PHI by the Business Associate. See 45 CFR 164.504(e)(2)(ii)(G) and 164.528(b)(1). (3) At the request of DSHS or in response to a request made directly to the Business Associate by an Individual, Business Associate shall respond, in a timely manner and in accordance with HIPAA and the HIPAA Rules, to requests by Individuals for an accounting of disclosures of PHI. (4) Business Associate record keeping procedures shall be sufficient to respond to a request for an accounting under this section for the six (6) years prior to the date on which the accounting was requested. b. Access (1) Business Associate shall make available PHI that it holds that is part of a Designated Record Set when requested by DSHS or the Individual as necessary to satisfy DSHS's obligations under 45 CFR 164.524 (Access of Individuals to Protected Health Information). (2) When the request is made by the Individual to the Business Associate or if DSHS asks the Business Associate to respond to a request, the Business Associate shall comply with requirements in 45 CFR 164.524 (Access of Individuals to Protected Health Information) on form, time and manner of access. When the request is made by DSHS, the Business Associate shall provide the records to DSHS within ten (10) business days. c. Amendment. (1) If DSHS amends, in whole or in part, a record or PHI contained in an Individual's Designated Record Set and DSHS has previously provided the PHI or record that is the subject of the amendment to Business Associate, then DSHS will inform Business Associate of the amendment pursuant to 45 CFR 164.526(c)(3) (Amendment of Protected Health Information). (2) Business Associate shall make any amendments to PHI in a Designated Record Set as directed by DSHS or as necessary to satisfy DSHS's obligations under 45 CFR 164.526 (Amendment of Protected Health Information). 6. Subcontracts and other Third Party Agreements. In accordance with 45 CFR 164.502(e)(1)(ii), 164.504(e)(1)(i), and 164.308(b)(2), Business Associate shall ensure that any agents, Subcontractors, independent contractors or other third parties that create, receive, maintain, or transmit PHI on Business Associate's behalf, enter into a written contract that contains the same terms, restrictions, requirements, and conditions as the HIPAA compliance provisions in this Contract with respect to such PHI. The same provisions must also be included in any contracts by a Business Associate's Subcontractor with its own business associates as required by 45 CFR 164.314(a)(2)(b) and 164.504(e)(5). 7. Obligations. To the extent the Business Associate is to carry out one or more of DSHS's obligation(s) under Subpart E of 45 CFR Part 164 (Privacy of Individually Identifiable Health Information), Business Associate shall comply with all requirements that would apply to DSHS in the performance of such obligation(s). 8. Liability. Within ten (10) business days, Business Associate must notify DSHS of any complaint, enforcement or compliance action initiated by the Office for Civil Rights based on an allegation of violation of the HIPAA Rules and must inform DSHS of the outcome of that action. Business Associate bears all responsibility for any penalties, fines or sanctions imposed against the Business Associate for violations of the HIPPA Rules and for any imposed against its Subcontractors or agents for which it is found liable. 19 9. Breach Notification a. In the event of a Breach of unsecured PHI or disclosure that compromises the privacy or security of PHI obtained from DSHS or involving DSHS clients, Business Associate will take all measures required by state or federal law. b. Business Associate will notify DSHS within one (1) business day by telephone and in writing of any acquisition, access, Use or disclosure of PHI not allowed by the provisions of this Contract or not authorized by HIPAA Rules or required by law of which it becomes aware which potentially compromises the security or privacy of the Protected Health Information as defined in 45 CFR 164.402 (Definitions). c. Business Associate will notify the DSHS Contact shown on the cover page of this Contract within one (1) business day by telephone or e-mail of any potential Breach of security or privacy of PHI by the Business Associate or its Subcontractors or agents. Business Associate will follow telephone or e- mail notification with a faxed or other written explanation of the Breach, to include the following: date and time of the Breach, date Breach was discovered, location and nature of the PHI, type of Breach, origination and destination of PHI, Business Associate unit and personnel associated with the Breach, detailed description of the Breach, anticipated mitigation steps, and the name, address, telephone number, fax number, and e-mail of the individual who is responsible as the primary point of contact. Business Associate will address communications to the DSHS Contact. Business Associate will coordinate and cooperate with DSHS to provide a copy of its investigation and other information requested by DSHS, including advance copies of any notifications required for DSHS review before disseminating and verification of the dates notifications were sent. d. If DSHS determines that Business Associate or its Subcontractor(s) or agent(s) is responsible for a Breach of unsecured PHI: (1) requiring notification of Individuals under 45 CFR § 164.404 (Notification to Individuals), Business Associate bears the responsibility and costs for notifying the affected Individuals and receiving and responding to those Individuals' questions or requests for additional information; (2) requiring notification of the media under 45 CFR § 164.406 (Notification to the media), Business Associate bears the responsibility and costs for notifying the media and receiving and responding to media questions or requests for additional information; (3) requiring notification of the U.S. Department of Health and Human Services Secretary under 45 CFR § 164.408 (Notification to the Secretary), Business Associate bears the responsibility and costs for notifying the Secretary and receiving and responding to the Secretary's questions or requests for additional information; and (4) DSHS will take appropriate remedial measures up to termination of this Contract. 10. Miscellaneous Provisions. a. Regulatory References. A reference in this Contract to a section in the HIPAA Rules means the section as in effect or amended. b. Interpretation. Any ambiguity in this Contract shall be interpreted to permit compliance with the HIPAA Rules 20 EXHIBIT D DSHS/DBHR DATA SECURITY REQUIREMENTS 1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a. "Authorized User(s)" means an individual or individuals with an authorized business requirement to access DSHS Confidential Information. b. "Hardened Password" means a string of at least eight characters containing at least one alphabetic character, at least one number and at least one special character such as an asterisk, ampersand or exclamation point. c. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. 2. Data Transport. When transporting DSHS Confidential Information electronically, including via email, the Data will be protected by: a. Transporting the Data within the (State Governmental Network) SGN or Contractor's internal network, or; b. Encrypting any Data that will be in transit outside the SGN or Contractor's internal network. This includes transit over the public Internet. 3. Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described: a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. b. Network server disks. Data stored on hard disks mounted on network servers and made available through shared folders. Access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data as outlined in Section 5. Data Disposition may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. 21 c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secured Area. When not in use for the contracted purpose, such discs must be locked in a drawer, cabinet or other container to which only Authorized Users have the key, combination or mechanism required to access the contents of the container. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secured Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. e. Paper documents. Any paper records must be protected by storing the records in a Secured Area which is only accessible to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users on Contractor staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g. Data storage on portable devices or media. (1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized, the Data shall be given the following protections: (a) Encrypt the Data with a key length of at least 128 bits (b) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. (c) Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of inactivity is 20 minutes. Physically Secure the portable device(s) and/or media by (d) Keeping them in locked storage when not in use (e) Using check-in/check-out procedures when they are shared, and (f) Taking frequent inventories 22 (2) When being transported outside of a Secured Area, portable devices and media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data. (3) Portable devices include, but are not limited to; smart phones, tablets, flash memory devices (e.g. USB flash drives, personal media players), portable hard disks, and laptop/notebook/netbook computers if those computers may be transported outside of a Secured Area. (4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs), magnetic media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC). h. Data stored for backup purposes. (1) DSHS data may be stored on portable media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition (2) DSHS Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition. 4. Data Segregation. a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS data. And/or, c. DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or, d. DSHS Data will be stored in a database which will contain no non-DSHS data.And/or, e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. f. When stored as physical paper documents, DSHS Data will be physically segregated from non- 23 DSHS data in a drawer, folder, or other container. g. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 5. Data Disposition. When the contracted work has been completed or when no longer needed, except as noted in Section 3. Protection of Data b. Network Server Disks above, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at least three (3) times using either random or single Removable media (e.g. floppies, USB flash drives, character data, or portable hard disks) excluding optical discs Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically destroying the disk Paper documents with sensitive or Confidential Recycling through a contracted firm provided the Information contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential Information On-site shredding, pulping, or incineration requiring special handling (e.g. protected health information) Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing, incinerating or crosscut shredding 6. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub- Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. 24 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: October 8, 2019 Agenda Item # Commissioner staff thcom tete BRIEFING DATE: September 30, 2019 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item Approval for the Chair to sign the Vehicle Take-Home Assignment Authorization Request Form for Rod LaRue, Road Supervisor, for the calendar year 2019. Background: Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of qualified non-personal use vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined by IRS and outlined in the Mason County Personnel Policy, Chapter 13, Vehicle Use Policy. Rod LaRue promoted to the position of Road Supervisor on March 14, 2019 to replace retiring employee, Bob Pearson. Shortly after his promotion, he started driving a take home vehicle as the other Road Supervisors do. Recommended Action: Approval for the Chair to sign the Vehicle Take-Home Assignment Authorization Request Form for Rod LaRue for the calendar year 2019. Attachment: Vehicle Take-Home Assignment Authorization Request Form J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2019\Action Agenda-2019 Take Home Vehicle 10.8.19.doc • • I • ' e.,Assis!nmentAu-thoriz-a-t,ion -Reqtiest Employee Name Rod LaRue Department PW Title/Position 0&M Road Supervisor Division Road Operations&Maintenance Vehicle No&Type 182 F-150 CC 4WD County of Residence Mason Primary Work Station Belfair Shop Current Odometer Reading 105163(May 22nd beginning mi.s 95,687) Daily Commute Miles 29 Mileage outsite of County(if N/A Daily Business Miles N/A applicable) Number of emergency call-outs in previous years: April 1-Sept.30: N/A Oct.1-March 31: N/A Per Mason County Personally policy adapted April 2017 resolution..........,requests to authorize Take-Home vehicles must meet at least of of the following criteria. ❑ Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter.A"call-out"Is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this farm. ❑ Economic Benefit j There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request.The cost of lost productivity cannot be part of the calculation.Attached all justification and back-up documentation to this form. i 0 Special Equipment: The Employee has the rima ryres responsibility for responding to emergency situations which require I immediate response to protect life or property and the employee needs a special vehicle and or carries j specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle I, requests.Attach all justifications and back-up documentation to this form. ❑ Union Contract: Collective bargaining agreement may provide general language for department director to approve Take- Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: i Note:A Countyowped Take home Vehicle is a fringe benefit that generates a tax liability.if your request for a Take-Nome Vehicle assignment is approve you are requited to check with payroll to determine your liability. q estor'sSignature Date I have read and understand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. n 9 fl9 Departme irector Date I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved ❑ Denied Chair of BOCC Date *Please submit thisform to the Risk Monagerby September30th of each year, Original to Risk Management. Payroll Take-Home log Special Equipment Justification Documentation Vehicle#1 182 a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e) CB radio f) Company 2 way Of radio g) Permanently mounted bulk fuel tank & dispenser This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to wind, rain, floods, slides, accidents, road hazards, and snow/ice events, natural disasters. Per agreement with Frank Pinter and the BOCC, record keeping not required • • Take-Home 1 ' Assignment , 1 • ' 1 ' Request Employee Name Rod LaRue Department PW Title/Position 0&M Road Supervisor Division Road Operations&Maintenance Vehicle No&Type 182 F-150 CC 4WD County of Residence Mason Primary Work Station Belfair Shop Current Odometer Reading 105163(May 22nd beginning mi.s 95,687) Daily Commute Miles 29 Mileage outsite of County(if N/A Daily Business Miles N/A applicable) Number of emergency call-outs in previous years: April 1-Sept.30: N/A Oct.1-March 31: N/A Per Mason County Personally policy adopted April 2017 resolution..........,requests to authorize Take-Home vehicles must meet at least of of the following criteria. ❑ Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach oll justification and back-up documentation to this form. Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this farm. Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. ❑ Union Contract: Collective bargaining agreement may provide general language for department director to approve Take- Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take Ho a Vehicle is a fringe benefit that generates a tax liability.If your request for a Take-Nome Vehicle assignment is approve you are requited to check with payroll to determine your liability. tom' �►,� 9-y _ iy Requestor's Signature Date I have read and understand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. P n q19 Departme hector Date I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved ❑ Denied Chair of BOCC Date "Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special Equipment Justification Documentation Vehicle #1 182 a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e) CB radio f) Company 2 way vhf radio g) Permanently mounted bulk fuel tank & dispenser This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to wind, rain, floods, slides, accidents, road hazards, and snow/ ice events, natural disasters. Per agreement with Frank Pinter and the BOCC, record keeping not required 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: October 8, 2019 Agenda Item # BRIEFING DATE: September 30, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 2020 Annual Construction Program and 6-Year Transportation Improvement Program (TIP) - Set Hearings BACKGROUND: Public Works and citizen advisory panel, TIP-CAP, presented the draft 6—Year Transportation Improvement Plan for years 2020 — 2025 to the Board on September 30, 2019 along with the 2020 Annual Construction Program. Public Works requests the Board set two hearings to consider adoption. BUDGET IMPACTS: Annual 2020 expenditures are planned to be $5.79 million of which $2.60 million will come from the Road Fund and $3.19 million from outside sources. County forces will be used to construct approximately $925,000 of the annual construction program, which is well under the computed limit of $1,269,483. The Revenue/Expenditure analysis for 2020 — 2025 reveals projects planned for years 4 — 6 of the TIP will need to be delayed unless additional revenues are secured. The analysis assumes no additional road fund diversion or levy shift. Reductions were made to the draft so a more realistic 6-Year TIP may be considered and a future considerations list was added for future grants or to be added should additional revenues be secured. RECOMMENDED ACTION: Recommend the Board set two hearings for November 5, 2019 at 9:15am to consider the 2020 Annual Construction program and 6-Year TIP (2020-2025). Attachments: 1. Draft 2020 Annual 2. DRAFT 6-Year TIP (2020-2025) 3. Notice NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two (2)public hearings in the Commissioners Chambers of Mason County Courthouse Building I,411 North Fifth Street, Shelton, Washington 98584, on Tuesday, November 5, 2019, at 9:15am. SAID HEARINGS will be to consider adopting: 1) Mason County's 2020 Annual Construction Program. 2) Mason County's Six Year Transportation Improvement Program for years 2020 to 2025. If special accommodations are needed,please contact the Commissioners' office, (360)427-9670 (Shelton), (360)482-5269 (Elma)or(360)275-4467 (Belfair), Ext. 419. DATED this 8t'day of October, 2019. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton,WA 98584 cc: Commissioners Community Development Public Works Shelton Journal: Publ.2t:10/17/19&10/24/19 ANNUAL CONSTRUCTION PROGRAM FOR 2020 TOTAL SIS COUNTY>> MASON A TOTAL COSTRUCTION DONE-columns(13)+(14) $ 3,913,800 DATE RECOMMENDED PRIORS.SUBMITTED September 30,2019 B COMPUTED COUNTY FORCES LIMIT $ 1,270,108 DATE OF FINAL ADOPTION C TOTAL COUNTY FORCES CONSTRUCTION-(column(14) $ 1,025,000 ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT 1 (2) (3 (4) (5 (6) (7 (8) -(g)-T- 10 11 12 13 14 15 SOURCES OF FUNDS ESTIMATED EXPENDITURES 4.9m a - w � a2 ¢ H= ROAD SEGMENT INFORMATION w w G o i OTHER FUNDS CONSTRUCTION Z PROJECT NAME a w N 0 w COUNTY s O �' ROAD PROGRAM PE&CE RIGHT OF WAY COUNTY GRANDTOTAL Z = > a AMOUNT 595.10 Z o IM11eSl w FUNDS SOURCE ( ) (595.20) CONTRACT FORCES (ALL 595 a ROAD k ROAD NAME _ BMP EMP 7 FFC 01 1 '' P gammxrcPlezerval..n.NMA a,rrinn varrum 01/M 1.00 601(m 1.963,000 TlP 161.7iXl� '.__0.. 2.1fIg,EOD: - 0. 2,570,000 02__12 } Vrl+ Safely v I1 JINX%I 10,1)1J(1 0 1'.I1,W0 �� I _.. VruRramr at,f N N.1 alr/NeP rcmnrnl ' uu AGI E 100,(100 5.(YX) 50,000 03 3 V 50,000, )00,1%10 OM 4 Vrugrxnrriah+IlrxlRr Nr•Unrr V.xluu• I ! 65,W0 U I(Fllp S01R1 )5,01%1 Jti(%ll fi5(XX+ OS 5 tnuniv Wid.tntall f..rrylal Prul(nr1 Vart+,•. Tuber l 11)O.fX)00 IO,tY%) S,IN%) JT(N+0 a0(KKt IOU,OOD I 06 6 c-,R,'WMe Gravrl Noad UIR'raAn Vxloui (. E I5,(Xq U 15,000 15,000 ()/ ) NaORhduhu,td NuadwaY S.rirlY frr,rnf• Varr,m. Olhei [ 10.1N%1 U 101%b 10,000 OR X Nrx-k Orwxtu Hd III- nor T)X(l) Rrar 1--I DewaDu R-d S)0 fiiI) UX ISII 4 r 3i3,`:W, )]fi.5(U. IISIP 4,(Xll 14,1%10, SAO,fMY1, Sf{?IXID III `) (),•r•gan XA Wrsl lulve0 RpP6N rmenl mllfl Deegan Ruad Wrtl 1.30 ]a() U) 0.10 1,A E us'" ]]5.(11X) FPRR(NCO) I(1.(XXl 10,000 1011011 3X)'Doo 350.000 I,, 10 41u XnA VaINry HJ Culver)Neylxemmrl M,RI .Stall Valley Ruad I.IO ).ZO OR I1.10 t _ k 1."- "A.- fPR.lRl to 4,IY%1 10.0110 IO,CX%) adO.IXXt 065.000 11 11 1)nrk lobos UVlrrr t-ulvnl 1151X1 Ayxe loop 0 f Il 1. PI ()1%I I,A C A,01X1 J!(%XI INNl1IHcn) '.4,1%X1 D p 11 55.000 11 t) Umlelolrns lower CUNeO /14011 AV.•rlr loop Ifl) 10) 1. 1).DO I.A I 51,lllt )ON,IXX) INNH INfI)1 ixl) 0 140.IX10 13 13 Day1011 Crt•ek CWverl WJSU rlry,hlanA NnaA O.ii U!i 0) 1100 IA I Rt%%) -.1 FIMA fl 0 0 SS,000 14 19 IlarsOne bland Poryester(WeUaY 31%%t) IlnrSfine Rlaml fluad U.0 Udo O/ 0.)8 U 1 5,111X1 IOP aVVINe1Nx1 S.(%U 0 0 0 5,000 1u1xn10rJ 1`. iS flrar Ianr lnlPrwern.nrf+ Varn.m 1•I.)fi 11SIP ).),1'N 0 11 0 m2w 16 IG Shpllun McUr,<k fld fulvrrl Nrpla,rrmnl •N111Y) 1110lun MaOu<k Nued N()i A1)1 0/ 01X1 I,A I hpp R,(I(p S,[XXl ,l%M) 10,000 NAF 11 I1 IUJialrfAll'o" S )SO,ODO 211D,1%b SO.DOU 0 0 ]50.000 18 111 Pellax Conmvlur-Rumamr Till 86"%1 Rrrmanit•Ilill 01.0 (YI A.6.U44 T )"1 U., 0 21.IM WPoo U 0 150,000 10 1'l ll,-rn h Vallrry llrl RrYrmlrwflon -,R) Skokunmh v'.'R'IR-1 1X11 .1.6(1 OX DNll A,II,11", 1 U 1(1,01X1 I,)I- D 0 0 10,000 10 11 Nmih%hmpRd cxfylrrpk lulverf NrVln.nru•AI All.) Nrulh Shure NueA I.•%) IrX) ON 1110 A,R.D.6 I S,tXXt 4Rl- SS,IX%) 0 0 0 55,00D RAP __.._... 11 12 NVrfh AL Dl CUWerl Nri,lxenmul 191,R) Nurih NlanJ Urive 3J0 3.41 U] 0111to 6.000 iJ,011U. aU,IIN) U 0 0' 40.-1_ .. _.... PAP . U�.-.. _.-_. 5,1%X1 D D� 5,(Yl0 )) 23 )lamer Arlarn5 Nd t uWrrl Rrlrla(ernrnl OlNi 10 Domer AAamt RnaA "Io U]I) (N) U.IU l A 1 1'- 0 13 lrl Nurfh)bore Ruad frral NruA fulvrrl Ha•Ula+rntrnf /03•X1 Nurflt 5hnrp Rnad 111.1 Ib.)11 ON 010 IA I 5,1%)0 '.,1X%1 Ill,t%X) 0 0 0 I(1,1XX1 J1 ZS I l rghwnv '1Nl"1 11 1 ghw I t0 1 1/ +JU I,A 1 I,SW N,"U 10,0(%) U 11 U 111.1%%1 RAP .. Allv,,A-CY uptbn ROW Arw,,",,' I _ )u alfmn 1X0 W 1,M11 W e Malferlan -- ' t)ihrr C 15D,1X1U 0 0 150.fX100 � 0 150000 1' PAGE/PROGRAM TOTALS,CONSTRUCTION 2,592,000 3,123,000 1,486,200 315,000 2,888,800 1,OTS,0001 5,789,250 CRAB FORM p3,MC REVISED 10/2/2019 DRAFT Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Dater City No. --- MPO/RTPO: Peninsula Amend Date: Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded c h T A. Federal Aid No. B. Bridge No. m Fund Source Information Expenditure Schedule Projects Only .g .o a C. Project Title J m Federal Fundin R/W D. Street/Road Name of Number o t Phase Federal Federal State 4th Required LL a Z vu E. Beginning MP or road-Ending MP or road o a o- Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir Type Date F. Describe Work to be Done ~ mm/dd! Code Phase Source Funds Funds Funds 6th mm! 1 1 3 6 1 8 9 10 11 1 12 F-1-3—T 14 15 16 17 18 19 20 21 07 Various PE 1/1/2020 STP 50 10 60 60 60 60 180 08 Programmatic Preservation-HMA Overlays RW 09 Rd.No.: Various CN 6/1/2020 STP 1913 597 2510 2510 825 825 2475 N/A 17 1 From: MP Var To: MP Var 4.00 E 18 19 Total 2020 Project Cost $2,570,000 TOTALS 1963 607 2570 2570 . 885 885 2655 07 PE 20 20 20 20 20 60 08 Programmatic Safety RW 5 5 5 5 5 15 09 2 Rd.No.: Various CN 100 100 100 100 100 300 DCE 17 From: Various To: Various 18 Clear Zone Projects,sign upgrades,guardrail,intersection improvements 19 Total 2020 Project Cost $125,000 ITOTALS 125 125 125 '125 125 375 07 PE 40 40 40 40 40 120 08 Programmatic Culvert Repair/Replacement RW 10 10 10 10 10 30 09 3 CN 150 150 150 150 150 450 17 18 19 Total 2020 Project Cost $200,000 TOTALS 200 200 200 200 200 600 07 PE 10 10 10 10 10 30 08 Programmatic Bridge Program RW 5 5 5 5 5 15 09 4 CN 50 50 50 50 50 150 17 18 19 Totaf 2020 Project Cost $65,000 TOTALS 65 65 65 65 65 195 07 PE 10 10 10 10 10 30 08 County-Wide Small Capital Projects RW 5 5 5 5 51 15 09 5 _ CN 85 85 85 85 851 255 17 18 19 Total 2020 Project Cost $100,000 TOTALS 100 100 100 100 100 300 07 PE 15 15 15 10 101 30 08 County-Wide Gravel Road Upgrades RW 5 5 15 09 6 _ CN 50 50 150 17 18 19 Total 2020 Pro ect Cost $15,000 TOTALS 15 15 15 65" 6 195 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board DRAFT Six Year Transportation Improvement Program Agency. Mason County From 2020 to 2025, Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded C N T A. Federal Aid No. B. Bridge No. v Fund Source Information Expenditure Schedule Pro ects Only .0 = E C. Project Title J 6 N Federal Fundis R/W m `o_ C v D. Street/Road Name of Number .o t Phase Federal Federal State 4th Required Z E. Beginning MP or road-Ending MP or road a-a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir Type Date F. Describe Work to be Done mm/dd/ Code Phase Source Funds Funds Funds 6th mm/ 1 1 3 6 6 9 10 11 12 13 14 15 161 17 18 19 20 21 07 PE 10 10 10 10 10 30 08 Neighborhood Roadway Safety Grants RW 5 5 15 09 7 CN 17 50 50 150 18 19 Total 2020 Project Cost $10,000 TOTALS 10 10 10 65 65 195 CRP 2006 PE 1/1/2015 HSIP 4.5 0.5 5 5 Bear Creek Dewatto Road Clear Zone RW 8/1/2019 HSIP 15 15 15 07 8 Rd.No.: 79800 1 50 CN 4/1/2020 HSIP 222 318 540 540 DCE 2/19 From: MP 5.2 To: MP 6.7 Clear Zone Project Total 2020 Project Cost $560,000 TOTALS HSIP 226.5 333.5 560 560 CRP 2014 PE 7/1/2018 RCO 10 10 10 Deegan Road West Culvert Replacement RW 11/1/2018 10 10 10 09 9 Rd No.:06110 CN 7/1/2019 RCO 215 115 330 330 2/19 From MP 2.37 To:MP 2.37 Replace existing culvert with a new structure Total 2019 Project Cost $350,000 TOTALS 225 125 350 350 CRP 2015 PE 7/1/2018 RCO 5 5 5 Shelton Valley Road Culvert Replacement RW 11/1/2018 10 10 10 08 10 Rd No.:05930 _ CN 7/1/2019 RCO 200 250 450 450 2/19 From MP 2.13 To:MP 2.13 Replace existing culvert with a new structure Total 2020 Project Cost $465,000 TOTALS 205 260 465 465 CRP 2022 PE 1/1/2020 RCO 47 8 55 55 5 Uncle Johns Upper Culvert RW 2/1/2021 101 1 09 11 Rd.No.: 23500 _ CN 7/1/2021 RCO 430 From: MP 0.64 To: MP 0.64 Replace existing culvert with a new structure Total 2020 Project Cost $55,000 TOTALS 47 8 55 55 445 CRP 2023 PE 9/1/2019 RCO 298 52 350 350 50 Uncle Johns Lower Culvert RW 1/1/2021 20 09 12 Rd No.:23500 _ CN 7/1/2023 2580 From MP 1.02 To:MP 1.02 Remove Existing Culvert and replace as needed Total 2020 Project Cost $350,000 TOTALS 298 52 3501 3501 701 1 2580 phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 2 of 6 DRAFT Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. o, Fund Source Information Expenditure Schedule Projects Only .o C. Project Title a 6 N Federal Fundin RNV c v' E D. Street/Road Name of NumberJ Phase Federal Federal State 4th Required a Z E. Beginning MP or road-Ending MP or road a`a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd thru Envir Type Date F. Describe Work to be Done mm/dd/ Code Phase I Source 1 Funds Funds Funds 6th inm/ 1 3 6 8 9 10 11 1 12 1 13 J 14 1 15 16 17 18 19 20 21 CRP 2024 PE 7/1/2020 RCO 47 8 55 55 5 Dayton Creek Culvert RW 2/1/2021 10 07 13 Rd No.:04450 CN 8/1/2021 RCO 430 From MP 0.33 To:MP 0.33 Replace existing culvert with a new structure Total 2020 Project Cost $55,000 TOTALS 47 8 55 55 445 PE 11/1/2019 5 5 5 Harstine Island Polyester Overlay RW 4/1/2020 07 14 Rd.No.: 30000 0.10 CN 2/23/2018 From:0.12 To: 0.40 Deck Repair Total 2020 Project Cost $5,000 TOTALS 5 5 5 Clear Zone Improvements PE 5/1/2020 HSIP 66.8 7.4 74.2 74.2 24.7 07 Rd.No.:91100-Arcadia Road RW 7/1/2021 HSIP 22 07 15 Rd.No:04450-Highland Road 14.76 CN 1/31/2022 HSIP 1090 07 Rd.No.: 90100-Shelton Matlock Road 08 Rd.No.:14880-Kamilche Point Road Total 2020 Project Cost $74,200 TOTALS 66.8 7.4 74.2 74.2 46.7 1090 CRP 1993 PE 1/1/2019 RATA 4 1 5 5 Shelton Matlock Road Culvert Replacement RW 9/1/2020 5 5 5 5 07 16 Rd.No.: 90100-Shelton Matlock Road CN 7/15/2021 RATA 550 From: MP 8.03 To: MP 8.03 Replace existing culvert with a new structure Total 2020 Project Cost $10,000 TOTALS 4 6 10 10 555 CRP PE 1/1/2020 200 200 200 200 Belfair Connector-Log Yard Road E RW 10/1/2020 50 50 50 100 17 Rd.No.: CN 3/1/2021 From: SR3 To: Belfair Freight Corridor Design for New Construction Total 2020 Project Cost $250,000 TOTALS 250 250 250 300 CRP 2019 PE 6/1/2019 200 200 200 200 BelfairConnector-RomanceHill RW 7/1/2020 50 50 50 100 09 18 Rd.No.: 86500 CN 3/1/2021 From: SR 3 To: Belfair Freight Corridor Design for New Construction Total 2020 Project Cost $250,000 ITOTALS 250 250 250 300 PE 1/1/2018 FbD 10 10 10 Skokomish Valley Road Reconstruction RW 1/2/2022 08 19 Rd.No.:41640 0.40 CN 3/1/2023 FLAP 1600 TBD From: MP 3.8 To: MP 4.6 Road Reconstruction partner w/Mason Cons Dist$8M total project cost Total 2020 Project Cost $10,000 TOTALS 10 10 101 1 1 1600 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 3 of 6 DRAFT Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded 76 A. Federal Aid No. B. Bridge No. 7E, Fund Source Information Expenditure Schedule Pro ecls Only 'o C. Project Title aC 'u Federal Fundin R/yy v a Z D. Street/Road Name of Number @ o t Phase Federal Federal State 4th Required E. Beginning MP or road-Ending MP or road 0 a a Start Fund Cost by Fund State Local Total 1 St 2nd 3rd thru Envir Type Date F. Describe Work to be Done mm/dd/ Code Phase Source Funds Funds Funds 6th (mm/ 1 3 1 6 1 8 9 10 11 12 1 13 1 14 15 16 17 18 191 20 21 PE 1/2/2021 100 350 Trails Road Alternate Route-Rasor Road RW 6/1/2022 125 20 Rd.No.:62310 CN 6/1/2023 3000 From: MP To: MP Partial New Construction` Total 2020 Project Cost TOTALS 100 . 475 3000 CRP 1995 PE 6/1/2019 RATA 50 5 5555 20 North Shore Road-Cady Creek Culvert Replacement RW 1/1/2021 20 08 21 Rd.No.: 70390-North Shore Rd 0 10 CN 7/1/2022 RATA 500 From: MP 6.9 To: MP 7.0 Replace existing culvert with a new structure Total 2020 Project Cost $55,000 TOTALS 50 5 55 55 40 500 CRP 2011 PE 6/1/2019 RATA 34 6 40 40 North Island Drive Culvert Replacement RW 1/2/2021 20 07 22 Rd.No.: 39630-North Island Drive 0 01 CN 7/15/2022 RATA 720 From: MP 3.46 To: MP 3.47 Project Replace existing culvert with a new structure Total 2020 Pect Cost $40,000 TOTALS 34 6 40 40 20 720 CRP 2001 PE 10/1/2019 5 5 5 25 Homer Adams Road Culvert Replacement RW 3/1/2020 10 09 23 Rd.No.: 00610 0 10 CN 8/1/2020 300 20 From: MP 0.1 To: MP 0.2 Reconstruction Total 2020 Project Cost $5,000 TOTALS 5 5 5 351 300 20 CRP 2021 PE 3/1/2020 RATA 5 5 10 10 60 North Shore Road-Great Bend Culvert Replacement RW 1/2/2022 20 08 24 Rd.No.: 70390-North Shore Rd 0 10 CN 7/1/2024 RATA 500 From: MP 16.6 To: MP 16.7 Replace existing culvert with a new structure Total 2020 Project Cost $10,000 TOTALS 5 5 10 10 60 20 500 CRP 2020 PE 3/1/2020 RATA 8.5 1.5 10 10 50 50 10 Old Belfair Hwy RW 5/1/2023 100 08 25 Rd.No.: 98250-Old Belfair Hwy 0.40 CN 4/1/2024 RATA 1200 From: MP 1.2 To: MP 1.6 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost $10,000 TOTALS 8.5 1.6 10 10 -60" 50 1310 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 4 of 6 DRAFT Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. ... MPO/RTPO: Peninsula Amend Date Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded c T A. Federal Aid No. B. Bridge No. m Fund Source Information Expenditure Schedule Projects Only P N C. Project Title 12T'-- of Federal Fundin R/W C)a D. Street/Road Name of Number Y Phase Federal Federal State 4th Required u. E. Beginning MP or road-Ending AAP or road Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir Type Date F. Describe Work to be Done rnm/dd/ Code Phase Source Funds Funds Funds 61h mml 1 3 6 1 8 9 10—F 11 1 12 1 13 1 14 15 16 17 18 19 20 21 PE Allyn Access,Circulation easement acquis Wheelwright,Wade,and RW 9/3/2019 150 150 150 40 26 Rd.No.: TBD Masterson ROW CN From: To: ROW acquisition Total 2020 Project Cost $150,000 TOTALS 150 150 150 . 40 PE 40 Mason Benson Intersection Safety RW 10 07 27 Rd.No.: 63010 0 10 CN 300 From: MP 2.5 To: MP 2.6 Improve Sight Distance Total 2020 Project Cost ITOTALS 350 PE 60 Shelton Valley Culvert RW 30 28 Rd.No.: 05930 _ CN 550 From: MP 2.0 To: 2.0 Replace existing culvert with new structure Total 2020 Pro'ect Cost TOTALS 60 580 PE 1/1/2025 400 Trails Road Realignment RW 10/1/2025 50 07 29 Rd.No.:62310 040 CN 4/1/2026 From: MP 0.5 To: MP 1.6 Curve Realignment Total 2020 Project Cost TOTALS 450 PE 6/1/2023 210 Log Yard Road W Freight Upgrade RW 7/1/2024 50 30 CN 4/1/2025 1325 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 1585 PE 6/1/2021 40 Clifton,Old B,SR 300 feasibility Study RW 31 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 401 1 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 5 of 6 DRAFT Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded c T A. Federal Aid No. B. Bridge No. o Fund Source Information Expenditure Schedule Projects ON a C. Project Title d v N Fed�Federal R/W c o E D. Street/Road Name of Number J Phase FedState 4th Required .i a Z E. Beginning MP or road-Ending MP or road ~ n`a Start FuFund State Local Total 1 st 2nd 3rd thru Envir TypeDate F. Describe Work to be Done mm/ddJ CoSource Funds Funds Funds 6th rnm/ 3 6 8 9 10 11 1 12 1 13 14 15 1C, 17 18 19 20 21 PE 6/1/2021 120 Frieght Corridor Trail RW 32 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 120 TOTALS 7.00 2256.3 933.5 2599 5789.2 5115 3825 3630 16490 Future ConsiderationstWishlist Completion of Trails road Alternate Route-Rasor Road in phases Cloquallum Road MP 4.6 to 5.2 curve realignments Cloquallum Road MP 6.6 to 7.2 widening Shelton Matlock Road MP 15.36 to 16.5 realign pave shoulders Johns Prairie Road add paved shoulders RR tracks to old capital hill rd Guardrail upgrades-Brockdale,McReavy,and Johns Prairie Terrace Blvd Road and Hwy 101 intersection-partner project with WSDOT Brockdale and Island Lake Road intersection-partner project with City of Shelton Illumination intersections county wide Union Boat Launch Resurfacing Trail near Roessel Road New Roads Consideration McEwan Prairie to Brockdale 101 connection Johns Prairie and Hwy 3 connection Connection between Cloquallum and City Center exit Phase Funding BRAC-Bridge Replacement Advisory Committee FBRB-Brian Abbot Fish Barrier Removal PE-Preliminary Engineering STP-Surface Transportation Program (Now Local Bridge Program) BoardFLAP- Federal Lands Access Program RW-Right of Way HSIP-Highway Safety Improvement Program TP-Transportation Partnerships EM-Federal Emergency Management Act and CN-Construction RATA-Rural Arterial Trust Account TAP-Transportation Alternatives Program State Emergency Management funds t Page 6 of 6 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: October 8, 2019 Agenda Item # $ 7 Commissioner staff to complete) BRIEFING DATE: September 30, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Amend the Mason County Cellular Telephone Policy to include language that if an employee's usage is determined to be for non-County use, they are personally responsible for the charges Background: In 2016, the cell phone policy was adopted and all county cell phones, except for Sheriff and Coroner offices, are managed under one contract that is administered by Support Services. County cell phones are for county business only and during this last State Audit, it was determined the policy should be amended to include language that if an employee's usage is determined to be for non-County use, they are personally responsible for the charges. Budget Impacts: None RECOMMENDED ACTION: Approve the Resolution amending Personnel Policies Chapter 16, Mason County Cellular Telephone Policy. Attachment(s): Resolution RESOLUTION NO. A Resolution Amending Resolution 102-16 Mason County Cellular Telephone Policy and Chapter 16 of the Mason County Personnel Policies WHEREAS, Mason County adopted the Mason County Cellular Telephone Policy as Chapter 16 of the Mason County Personnel Policies on December 20, 2016; WHEREAS, Mason County recognizes there may be occasions in which personal calls or text messages need to be made or received on a County owned cellular telephone. It is intended that cellular telephones are to be used for only County related business and personal calls and text messages are to be minimized; WHEREAS, personal use of County owned cellular telephones should not result in additional costs to the County. If an individual's usage is determined to be for non-county use, the individual shall be personally responsible for the cellular fees, including any overages fees. NOW, THEREFORE BE IT RESOLVED by the Mason County Commissioners to amend the Personnel Policies Chapter 16, Mason County Cellular Telephone Policy, to state if an individual's cellular phone usage is determined to be for non-county use, the individual shall be personally responsible for any and all county cellular fees, including any overages fee—Attachment A. Adopted this 8th day of October, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner c: Human Resources Auditor Information Services 16.7 SERVICE BILLING Information Services will manage and administer all County cellular phone contracts to include service plans, maintenance agreements and upgrades. The retention software will be purchased and funded by Information Services. The cellular company will provide Information Services with individual department statements of monthly services. Information Services will provide individual departments a copy of their monthly statements. Each county department/office will be responsible for yearly budgeting and Support Services will voucher payment from the individual departmental budgets. The consolidated contract's services will be shared by all County owned cellular telephones and will be subject to review by Information Services of individual's usage. If individual's usage exceeds the County's average usage and an overages fee is charged, those individual's departments will be responsible for the payment of the overage fee. If individual's usage is determined to be for non-county use,the individual shall be personally responsible for any and all fees, including any overages fee. This Cellular Telephone policy coincides with the following County Personnel policies: Chapter 8 - Employee Responsibilities and Conduct Policy Chapter 12- Non-Discrimination & Harassment Policy Chapter 14- Mason County Electronic Information Acceptable Use Policy Chapter 15 - Social Media Policy MASON COUNTY ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 DATE PRFvr6US BRIEFING DATES: of kc 1� If this is a follow-up briefing, please provide only new information ITEM: Relinquishment of Easement EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In 1923 an easement was granted to establish a drainage ditch in Shelton in the vicinity of Second Street. The easement was filed with both the County and the City of Shelton. The ditch is not in existence at this time and the easement encumbers several properties in downtown Shelton. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) Current Mason County Action Agenda process. ATTACHMENTS: Property Details, Request for Relinquishment, Deed Record No. 41 dated Aug 29, 1923 Briefing Summary 9/25/2019 TerraScan TaxSifter- Mason County Washington Page 1 of 1 WASHINGTONMASON COUNTY SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(O Patti McLean Mason County Assessor 411 N STH ST Shelton,WA 98584 �� . . Parcel 32019-61-02901 BELARDE,STEVE&CANDACE L • •• 11- Residential-Single Family 4714 131ST AVE SE ®331 COOKSON ST,SHELTON 98584 �SNOHOMISH WA 98290 �GOLDSBOROUGH BLK: 2 LOT: 11 S 55'PENDING CITY BLA#5-19 AF#2116516 Land - Land Improved Sq Ft-6 Square Feet 3795.00000000 Rectangle Single Family Residence - Building 1 one sto Single-fiamiily Residence • 1430 1927 1.5- Low/Fair 2.0-Fair Components Building Data Description mlim 105 Frame,Siding 0 100% Architecture 208 Composition Shingle 0 100% Bedrooms 2 313 Wall Furnace 0 100% Bathrooms 1 402 Automatic Floor Cover Allowance 0 1000/0 Total Rooms 601 Plumbing Fixtures(#) 6 0% Foundation Post&Pier 622 Raised Subfloor(%or SF) 0 100% Garage Stalls 906 Wood Deck(SF)with Roof 24 0% Property Images No images found. 1.0.6927.19068 Data current as of:9/23/2019 3:53 PM TX_ROIIYear_Search:2019 https://property.co.mason.wa.us/Taxsifter/AppraisalDetails.aspx?keyld=3470570&parceIN... 9/24/2019 TerraScan TaxSifter- Mason County Washington Page 1 of 2 MASON COUNTY WASHINGTON TAXSIFTER Elisabeth Frazier Mason County Treasurer 411 N 5th Street,Building 1 Shelton,WA 98584 Parcel 32019-61-02901 BELARDE,STEVE&CANDACE L •• •.- 11-Residential-Single Family 4714 131ST AVE SE ®331 COOKSON ST,SHELTON 98584 �SNOHOMISH WA 98290 �GOLDSBOROUGH BLK: 2 LOT: 11 S 55'PENDING CITY BLA#5-19 AF#2116516 Current Tax Year Details Real Property BELARDE,STEVE&CANDACE 2019-320196102901 $805.84 $0.00 $805.84 $0.00 $805.84, Balances Due 5 Year Tax History Statement Number Real Property 2019-320196102901 $805.84 $0.00 $�0.00� $0.00 Receipt Number 'I Receipt Date Taxes/Fees 948666-05/06/19-Anna 05/06/2019 $402.92 $0.00 $402.92 958019-09/05/19-Heather 09/05/2019 $402.92 $0.00 $402.92 Real Property 2018-320196102901 $1,013.68 $0.00 $0.00 $0.00 Receipt Number 0 111117 IFT .. Interest Pail id 864763-07/30/18-Tracey 07/30/2018 $506.84 $60.82 $567.66 901969-12/17/18-Ronnie 12/17/2018 $506.84 $0.00 $506.84 Real Property 2017-320196102901 $890.92 $0.00 $0.00 $0.00 ipt Number Receipt .- 864762-07/30/18-Tracey 07/30/2018 $890.92 $231.64 $1,122.56 Real Property 2016-320196102901 $893.71 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 633758-03/09/16-Lyra 03/09/2016 $446.86 $0.00 $446.86 696083-10/26/16-Barb 10/26/2016 $446.85 $0.00 $446.85 Real Property 2015-320196102901 $868.18 $0.00 $0.00 $0.00 https://property.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyId=3470570&parcelNumber... 9/24/2019 TerraScan TaxSifter - Mason County Washington Page 2 of 2 10=L541531-03/04/15-Heather 03/04/2015 $434.09 $0.00 $434.09 2446=08%18/151 $434.09 $0.00 $434.09 Staterr Real Property 2014-320196102901 $1,078.77 $0.00 $0.00 $0.00 OFlIKEIRMOZIN - 459941-04/09/14-Tracey 04/09/2014 $539.39 $0.00 $539.39 500338-07/09/14-Barb 07/09/2014 $539.38 $0.00 $539.38 Property Images No images found. 1.0.6927.19068 Data current as of:9 23/2019 3:53 PM TX_RollYear TR:2019 https://property.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyld=3470570&parcelNumber... 9/24/2019 } SNb3W IV�INYH�3W ki0�WOiil?3l3 ANtl Afl110 WiiO�ANtl NI a3�ft00tld3♦j.38AtlW..WH03:>1N1(lfl7d]3(NQ1LJp]iH$MANKO.lklttd AN lumswm pk n I30,'o d' p?A8A?'I�I�4S4IIK9UDZ� S3" I +��o1ni?35) ?l!`. 1?1�31�b`SffL'a�jriiioj I yuaw6palxompyj od>aj'gg'o�jirto3 tlob=t pue ajalduioo*`j6jLl fiaieiodiootg-MON 54H5ijohd i {{I I n? S<rt tW paub %-M osddml puamsn:_141jg.. i ��emito�pub aaz3ajliii eq v# rp� t r4 per. pari�3is3 }ja, a r I �I�� at�M bus azo azo a pai>t2dt -:o s.den in u a. --=---R----� - gin s.ps.-Onq 40 4unoo`XQZV1 I �`G :uiaal4 :# . a�It,}iT7a_401"o a a S'` mi - .._Oi S=17w Tl•: iIB Si24�0� �.n�---�--------,.—•.ter..--=-n--�����'��'�� Q�.�"ilio.3;3�?Q."ja5�ed'.�l�k!�(ie�i�s;ioss��s'j :(dIZ`ssa�ppyPawe�o;'Yii'naai'6Ujpitioal7ayy I SCHEDULE B SPECIAL EXCEPTIONS: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met. Easement as dedicated on the face of the plat of said addition: For:slopes,also the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Affects: Parcel l Easement and release of future liability,including its terms,covenants and provisions as disclosed by Instrument: Recorded: August 29, 1923 Auditor's File No.: 41118 For: the purpose of constructing and maintaining a ditch to receive and carry off the waters of Goldsborough'Creek and related rights Affects: Parcel 1 Easement and release of future liability,including its terms,covenants and provisions as disclosed by instrument: Recorded: August 29, 1923 Auditor's File No.: 41119 . For: the purpose of constructing and maintaining a ditch to receive and carry off the waters of Goldsborough Creek and related rights Affects: Parcel 2 This page Is only apart of a 2018 ALTA?Commitment for Title insurance Issued by Chicago TWO Insurance Company. This Commftment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B, Part i-Requirements,- and Schedule B,Part lI-Exceptions;and a counter-signature by the Company or Its Issuing agent that may be in electronic form. Copyright 2008-2018 American Land Title Association. All rights reserved. AWE RICAN LAN D TITLE The use of this Form(or any derivative thereof]is restricted to ALTA licensees and ALTA members in good standing as of ASSOCIATION the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title insurance(08-01-18) Q2019-202040 Schedule B Deed Record No. 41 Mason County, Washington .CO...1.■.5....t.0011. STATE OF WASHINGTON, .COUNTY OF MASON. )) ' I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, do hereby certify that on this 13th day of August, 1923, -person- ally appeared before me Charles Cooke and Hazel Cooke, husband and wife, tome known to be the individuals described in and who executed the within instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses herein mentioned. Given under my hand and official seal the day and year above written. - - - - - - - - - - - - - - - Alden CBayley Alden C. Bayley, Notary Public State of,Washington Notary Public in and for the State of Commission expires Jun.20.192-4. Washington, residing at Shelton. 41115 r/ *. KNOW ALL MEN BY THESE PRESENTS: That R. B. Eaaament,Right-of":Pay. * Cookson, a bachelor, owner of the hereinafter des- ' R. B. Cookson, * cribed real estate, for and in consideration of the to * sum of $ 1.00 and the benefits and advantages that Mason County, Washington, at al. * will: accrus to his property by reason of the imp- Filed Aug.29,1923 4:23 P.M. * rovement hereinafter mentioned, do by these presents Req. Chas. R.' Lewis. * give, grant and let unto the County of Mason, State E. L. Kellogg, Auditor. * of Washington, and the Town of Shelton, 'Washington, By Ida Rex, Deputy. * municipal corporations, a perpetual easement and * * * * * * * * * * * * * * * * * * right-of-way over his real estate hereinafter des- cribed for the purpose of constructing and maintaining a ditch to receive and carry off the waters of Goldsbbrough Creek, said ditch to be constructed far the purpose of straightening the present channel of said creek for the benefit of all of the adjoining property owners. The land included in this easement and right-of-way shall consist of a strip sixty ' feet wide, being thirty feet wide on each side of the center line of same as now surveyed out and staked on the ground, said line being known as the "Rex" line, and which has been agreed upon between the parties hereto as the oenteT line of said ditch. Said ditch or channel is to be constructed thirty feet in width; fifteen feet on each side of said center line. The grantees herein are to have the right, thru their representatives or employes, to go upon said land at all times without hindrance for the purpose of constructing said ditch or channel and the repairing and maintaining of the same. The remainder of said land may be used for the deposit of the earth excavated from said channel and for the protecting of the banks of the same. It is understood and agredd by the undersigned that the said County of Mason and Deed . Record. No. 41 59.5 Mason County, Washington Thin easement shall run with the hereinafter described land. The real estate herein referred to being particularly described as follows, towit: Beginning at the Northeast corner of .the Southwest quarter of the Northeast quarter of Section 19, Township 20 North, Range 3 West, W-M., Mason County, Washington, and run west; along the North line 169.2 feet to the east line of Fourth Street in the Town of Shelton; thence South parallel with the East line of said Southwest quarter of Northeast quarter 230 feet; thence E49t, parallel with the north line, 169.2 feet .to the east line of i3aid Southwest quarter of the Northeast quarter; thence North 'on the East line 230 feet to the place of beginning, containing 99/100 aorep; more or less. Beginning at the northeast corner of the southwest quarter of Northeast quarter of Seo:ion 19, Township 20 North, Range 3 West, W.M., Mason County, Washington; thence South on the east line of said Southwest quarter of Northeast quarter 230 feet to the ini•,ial point of this description; from said initial point run south on' the east line of sari Southwest quarter of Northeast quarter 400 feet, more or less, to Goldsborough Creek; thence following said creek in a westerly direction, making a distance west of 169.2 feet; thence north, parallel with the east side of said Southwest quarter of Northeast quarter to a point which is South 230 feet and west 169.2 feet from the Northeast corner of said Sou•;hwest quarter of Northeast quarter; thence East 169.2 feet to the initial point, containing one acre, more or less. Dated this 9th day of August, 1923- R. B.Cookson STA'T'E OF WASHINGTON, ss. COU.UTY OF MASON.- 1, ASON..I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, do hereby certify that *on this 9th day of August, 1923, personally appeared before me R. B. Cookson, a bachelor, to me known to be the individual described in and who executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses herein mentioned. Given under my hand and official seal the day and year above written. - - - - - - - - - - - - - - - - Alden 0Bayley Alden C. Bayley, Notary Public State of Washington Notary Public in and for the State of Commission expires Jun.20.1924. Washington, residing at Shelton. 413.191 * KNOW ALL NEN BY THESE PRESENTS: That Emma Easement, Right-of- Pay. * LeCompte, a widow, owners of the hereinafter described Emma Le E'ompte, * real estate, for and in considdrktion of the sum of to *. $1.00 and the benefits and advantages that will accrue Mae;on County, Washington,et al. * to their property by reason of the improvement herein Fi:.ed Aug.29,1923 4:24 P.M. * after mentioned, do by these presents give, grant and Reci. Chas. R. Lewis. * let unto the County of Mason, State of Washington, E. L. Kellogg, Auditor. * and the Town of Shelton, Washington, municipal oorp- By Ida Rex, Deputy. * orations, a perpetual easement and right-of-way over * „ * * * * * * * * * * * * * * * their real estate hereinafter described for the purposle of constructing and maintaining a ditch to receive and carry off the waters of Goldsborou h Creek, said ditch to be constructed for the purpose of straightening the present channel of said creek for the benefit of all of the adjoining property owners. Tb-- land included in this easement and right-of-way shall consist of a strip sixty )6 Deed Record No. 41 Mason County, Washington l COY N.. YAR[.[•tAC.YA The grantees herein are to have the right, thru their representatives or employes, to go upon said land at all times without hindrance for the purpose of constructing said of 'ditch or channel and the repairing:afid7mainta.inipg.'Athe same. The remainder of said land may be used for the deposit of the earth excavated from said channel and for the protects g of the banks of the same. It is understood -and agreed by the undersigned that the said County of Mason and ' Town of Shelton are hereby fully released and discharged from all future liability or responsibility to the undersigned, their heirs, representatives or assigns, of every kind 'by reason of the construction of said new channel or by reason of any damages that may result to their said property on aocount--of the .changing of the course of said stream from its natural channel to the artificial channel herein provided for. This easement shall run with the hereinafter described land. The real estate herein feferred to being particularly described as follows, towit: In Mason Couzlty, Washington. Lots ten (10) to. nineteen (19), inclusive, Block two (2), Healey's Addition to the Town of Shelton, according to the recorded plat of said addition in the office of the ' Auditor for Mason County, Washington. Dated this 9th day of August, 1923• Emma Le Compte STATE OF WASHINGTON, sa. COUNTY OF MASON. I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, do hereby certify that on this 9th day of August, 1923, personall appeared before me Emma Le Compte, a widow, to me known to be the individual described in and who executed the within instrument and acknowledged that she signed the same as her free and voluntary act and deed for the uses herein mentioned. Given under my hand and official seal the day and year above written. _ _ _ _ _ _ _ Alden CBayley Alden C. Bayley,' Notary Public State of Washington Notary Public in and for the State of Commission expires Jun_20. 1924 Washington, residing at Shelton. ' 41120Y + KNOW ALL MEN BY THESE PRESENTS: That W. G. Rex Easement,Right-of-Way. * and E. Adella Rex, husband and wife, owners of the W. G. Rex, at ux, * hereinafter described real estate, for and in consid to * eration of the sum of $1.00 and the benefits and adv Mason County, Washington, et al. * antages that will accrue to their property by reason Filed Aug.29,1923 4:25 P.V. * of the improvement hereinafter mentioned, do by thea Req. Chas. R. Lewis. * presents give, grant and let unto the County of Maso , E. L. Kellogg, Auditor. * state of Washington, and the Town of Shelton, Wash- By Ida Rex, Deputy. * ington, municipal corporations, a perpetual easement thair real estate hereinafter