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2019/10/28 - Briefing Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA/SPECIAL MEETING NOTICE 411 North Fifth Street, Shelton WA 98584 Week of October 28, 2019 Monday, October 28, 2019 Commission Chambers Briefing Meetings 9:00 A.M. Support Services — Frank Pinter 9:45 A.M. Community Services — Dave Windom 10:00 A.M. BREAK 10:05 A.M. Public Works — Loretta Swanson Utilities & Waste Management 10:30 A.M. Assessor's Office — Patti McLean 10:45 A.M. Economic Development Council — Jennifer Baria Commissioner Discussion — as needed BREAK— NOON 2020 Budget Workshops 2:00 p.m. Coroner 2:15 p.m. Clerk 2:30 p.m. Treasurer 3:00 p.m. District Court Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 10/24/19 at 1:30 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. Tuesday, October 29, 2019 Commission Chambers 2020 Budget Workshops 9:00 a.m. Support Services Budgets Support Services; Human Resources/Civil Service, LEOFF 1, Emergency Management; Information Technology (Funds 500 and 119); Facilities, Parks &Trails, REET 1 (Fund 350) and REET 2 (Fund 351) 10:00 a.m. Public Works follow up 11:00 a.m. Sheriff's Office follow up 3:30 p.m. Review of budget requests to date — this is subject to change Tuesday, October 29, 2019 Mason County Fire Protection District 1 Station 331 N Finch Creek Rd. Hoodsport, WA Special Meeting Notice 1:00 P.M. Special Commission Meeting Wednesday, October 30, 2019 Special Meeting Notice 7 A.M. — 7 P.M. Regional Jail Facility Tour with Grays Harbor Commission Nisqually, King County and Skagit County Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 10/24/19 at 1:30 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF October 28, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. 1854 Mason County Support Services Department Budget Management 411 North 5th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services r' Labor Relations twt Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES October 28, 2019 • Specific Items for Review o Approval of 2020 Vehicle Take-Home Assignments—Jen o Set hearings for November 26 levy rates and December 2 for 2020 budget—Jen o Delete Admissions Tax County Code- Frank • Commissioner Discussion o Letter of support to Squaxin Island Tribe J:\DLZ\Briefing Items\2019\2019-10-28.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: October 28, 2019 PREVIOUS BRIEFING DATES: ITEM: Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2020. An increase to the Current Expense and Road property tax levies for 2020 may be considered. EXECUTIVE SUMMARY: Pursuant to RCW 84.52.070, the Commissioners must certify to the County Assessor the amount of taxes levied for county purposes and for each taxing district by adoption of a resolution by November 30. RECOMMENDED OR REQUESTED ACTION: Approval to set a public hearing on November 26th, 2019 at 6:15 p.m. to certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for each taxing district for 2020. An increase to the Current Expense and Road property tax levies for 2020 may be considered. J:\Budget Adoption Info\2020\2020 Agenda Items&Resolutions\Briefing Summary 10.28.2019-Levies.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: October 28, 2019 PREVIOUS BRIEFING DATES: ITEM: Approval to set a public hearing on Monday,. December 2, 2019, at 9:00 a.m. to consider adoption of the 2020 budget for Mason County. Copies of the 2020 preliminary budget will be available to the public on November 18, 2019. EXECUTIVE SUMMARY: Pursuant to RCW 84.52.070, the Commissioners must hold a public hearing on the 2020 Preliminary Budget to allow taxpayers to "appear and be heard for or against any part of the budget". The public hearing also allows county departments to publicly testify if they so desire. RECOMMENDED OR REQUESTED ACTION: Approval to set a public hearing on Monday, December 2, 2019 at 9:00 a.m. to consider adoption of the 2020 budget for Mason County. Copies of the 2020 preliminary budget will be available to the public on November 18, 2019. J:\Budget Adoption Info\2020\2020 Agenda Items&Resolutions\Briefmg Summary 10.28.2019-2020 Budget.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: October 28, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information ITEM: Approval to adopt an ordinance removing Mason County Code Chapter 3.04 Admissions Tax. EXECUTIVE SUMMARY: The Admissions Tax was adopted in August 1943 to be collected by the Mason County Treasurer. Our Treasurer is not aware of ever collecting this tax and suggests we delete this from our County Code. BUDGET IMPACTS: None — tax has never been collected RECOMMENDED OR REQUESTED ACTION: Place ordinance on November 5 agenda removing Mason County Code Chapter 3.04 Admissions Tax Briefing Summary 10/23/2019 Chapter 3.04-ADMISSIONS TAX 3.04.010- Definitions. For the purposes of this chapter, unless otherwise required by the context, words and phrases shall have the following meaning: (1) "Admission charge" means the amount paid for the privilege of entering into any place for recreation or amusement, and when persons are admitted free or at a reduced rate it means the amount paid by others for similar accommodations or privileges. In addition to its ordinary meaning it includes the following: (A) The charge made for admission to any building or enclosure within which is located any swimming pool, skating rink, dance hall, dancing facility, park, resort, fair, circus, or other places containing recreation or amusement facilities, and also the charge made for the use of the equipment or facilities themselves which are located therein, (B) Automobile parking charges when the amount thereof is determined according to the number of passengers in the automobile, (C) Where the amount paid for admission to any public performance is included within the price paid for meals, refreshments or services a fair portion of such charge shall be deemed an admission charge, under such reasonable rules as the treasurer shall promulgate, (D) When passes or tickets for admission are issued to certain individuals free or for lesser rate than is charged to others for taxable admission charge shall be the charge made to others for similar accommodations, and a tax measured thereby shall be collected from such individuals; provided, however, that when the charge regularly made to women, children, students, soldiers or other particular group or class is less than the charge made to men, the lesser charge shall not be deemed to be a reduced rate, and the tax herein levied shall apply only to the actual charge made; and provided further that the tax shall not apply to free admissions granted to bona fide employees of the proprietor or to public employees while engaged in conducting their official business. "Admission charge" does not include the charge made for the mere use of pool and billiard tables, bowling alleys, card playing facilities or coin operated machines, nor does it include any portion of the charge made by a bona fide private social or service club, church or society, for entertainment or recreation, which is not conducted for profit, attendance to which is not open to the public but is limited to members of the organization and individually invited guests of such members. (2) "Board" means the board of county commissioners of Mason County. (3) "County" means Mason County, state of Washington. (4) "Person" means any individual, firm, copartnership, company, corporation, municipal corporation, the state of Washington, the United States of America, association, society, or any group of individuals acting as a unit whether mutual, cooperative fraternal, religious, nonprofit or otherwise. (5) "Place" means, without limiting its scope, a theater, show house, cabaret, night club, art gallery, museum, dance hall, athletic park, swimming pool, skating rink, resort ground, amusement park, and other enclosures and buildings or portions thereof and buildings or portions thereof wherein entertainment or recreation is provided, and located within the boundaries of the county or in any state or federal reservation therein, under such rules as the treasurer shall promulgate, not inconsistent with the extent of this chapter. (6) 'Treasurer" means the county treasurer. (§ 1 of Ord. dated August 16, 1943). 3.04.020- Rate of tax—Who may be taxed. From and after the first day of August, 1943, there is hereby levied and there shall be collected a tax of one cent for each twenty cents or fractions thereof of the admission charge to any place, to be paid by the person paying for such admission or by the person admitted free or at a reduced rate, to the person conducting the place to which an admission charge is made. (§ 2 of Ord. dated August 16, 1943). 3.04.030-Tax on admission ticket—Waiver. Every admission ticket shall have printed thereon, separately the price for which the ticket is sold and the amount of the tax imposed by this chapter in respect thereto. The treasurer, in his discretion, may waive this provision and in lieu thereof require that the admission charge and the tax be separately stated and conspicuously posted at the box office or main entrance of the place of entertainment. (§ 3 of Ord. dated August 16, 1943). 3.04.040-Collection—Payment to treasurer—Failure to collect. Every person receiving any payment for admission taxable under this chapter shall, at the time of receiving same, collect the amount of tax imposed hereby from the persons making such payments or from those admitted free or at a reduced rate. The tax required to be collected under this chapter shall be held in trust by the person required to collect the same until paid to the treasurer as herein provided, and any person receiving payment of such taxes who appropriates or converts the same to his own use or to any use other than the payment of the tax as herein provided, to the extent that the amount of the tax is not available on the due date for filing returns as herein provided, is guilty of a gross misdemeanor. In case any person required to collect the tax imposed hereunder fails to collect the same, or having collected the tax fails to pay the same to the treasurer in the manner herein prescribed, whether such failure be the result of his own acts or the result of acts or conditions beyond his control, he shall nevertheless be personally liable to the county for the amount of the tax. The person receiving any payment for admissions shall make out a return, upon such forms and setting forth such information as the treasurer may require, showing the amount of tax upon admissions for which he is liable for the preceding bimonthly period and sign and transmit the same to the treasurer together with a remittance for the amount thereof. Payment of the tax may be made in cash, money order, or check under such regulations as the treasurer may prescribe, but if an uncertified check received by the treasurer is not paid by the bank on which it is drawn the taxpayer who tendered the same shall remain liable for the payment of the tax and for all legal penalties the same as if such check had not been tendered. (§ 4 of Ord. dated August 16, 1943). 3.04.050- Registration certificate. Every person who engages in any business in which he is required to collect a tax imposed by this chapter shall, under such rules as the treasurer shall prescribe and before engaging in such business, apply for and obtain from the treasurer, upon the payment of a fee of one dollar a registration certificate. The certificate shall be personal and nontransferable, and shall be valid as long as such person shall continue in business and pay the tax accrued under the provisions of this chapter. In case business is transacted at two or more separate places by one person a separate certificate for each place at which business is transacted with the public shall be required, but no fee shall be required for such additional certificates. Each certificate shall contain such information as the treasurer deems necessary and shall be posted conspicuously at the place of business for which it is issued. When a place of business is changed the taxpayer must return to the treasurer the existing certificate, and a new certificate will be issued for the new location free of charge. No person shall engage in any business which is required to collect the tax hereunder without being registered as herein provided; provided, however, the treasurer, by general regulation, may provide for the issuance of certificates of registration to temporary places of business without requiring the payment of any fee. The treasurer may declare the tax upon admissions to temporary or itinerant places of amusement to be immediately due and payable and collect the same forthwith, when in his discretion he believes there is a possibility that the tax imposed hereunder may not be paid. In the event any person to whom a certificate of registration has been issued willfully violates any provision of this chapter, the treasurer, in his discretion, may by order revoke such certificate, and thereupon post a copy of such order in a conspicuous place at the main entrance of the taxpayer's place of business. (§ 5 of Ord. dated August 16, 1943). 3.04.060- Filing return—Time extension. The treasurer may extend the time for making and filing any return required under this chapter, not exceeding ninety days for the due date; provided, however, that any extension in excess of thirty days shall be conditioned on payment of interest of one-half of one percent for each thirty days or portion thereof of the amount of the tax from the date upon which the same became due until paid. If payment of any tax due under this chapter is not received by the treasurer within ten days of the due date thereof as fixed in this chapter or as extended as above provided, there may be added to such a tax a penalty of ten percent of the amount of the tax. (§ 6 of Ord. dated August 16, 1943). 3.04.070- Failure to file return—Estimate of tax—Oath—Penalty and interest. (a) If any person fails or refuses to make any return required hereunder, the treasurer shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the amount of such tax; and to this end the treasurer or his duly appointed deputy may make examination of the books, records and papers of any such person and may take evidence on oath of any person relating to the subject of inquiry. The oath may be administered by the treasurer or his authorized deputy. (b) When the treasurer has procured such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to make a return, he shall proceed to determine and assess against such person the tax and penalties provided for by this chapter. To such assessment the treasurer may add a further penalty of not more than twenty- five percent of the amount of the tax found by him to be due, which shall be in addition to all other penalties, and may add thereto interest at the rate of one percent per month of the amount of the tax, interest and added penalties for each thirty days or portion thereof from the date upon which the tax became due as provided herein until paid, and shall notify such taxpayer by mail of the total amount of such tax, penalties and interest, and this total amount shall become due and payable within thirty days from the day of such notice, and if not paid within that time, the total amount shall bear interest of one percent for each thirty days or fraction thereof from such due date until paid. (§ 7 of Ord. dated August 16, 1943). 3.04.080-Tax assessment—Hearing—Credit for overpayment—Appeal. (a) Any person having been issued a notice of additional taxes, delinquent taxes, interest or penalties assessed by the treasurer, may within twenty days after the issuance of the original notice of the amount thereof, petition the treasurer in writing for a hearing and correction of the amount of such assessment. The treasurer shall promptly grant such hearing and fix the time and place thereof and notify the petitioner by mail. If no such petition is filed within twenty-day period, the assessment covered by such notice shall become final. (b) If from any investigation the treasurer finds that a tax has been paid in excess of the amount due, the treasurer shall issue to the taxpayer a credit note of such excess amount, which credit note shall be assignable upon approval by the treasurer, and may be received by the treasurer from the holder thereof in lieu of cash for the payment of tax liability incurred hereunder by such holder and for no other purpose whatsoever. (c) Any person, except one who has failed to keep and preserve books and records as hereinafter provided, having paid any tax, interest or penalty hereunder, and feeling aggrieved by the amount thereof, may appeal to the superior court of the county within one year after the date of payment thereof for a recovery of the amount of tax, penalty and interest alleged to have been illegally paid. The appeal shall be perfected by serving a copy of the notice of appeal upon the treasurer within the time herein provided and by filing the original thereof with proof of service with the clerk of the superior court for the county. Within ten days after the filing of notice of such appeal, the taxpayer shall file with the clerk of the court a surety bond payable to the county in the sum of two hundred dollars, conditioned to diligently prosecute the appeal and pay the county all costs that may be awarded to it. The trial in the court on the appeal shall be de nova and without the necessity of any pleading other than the notice of appeal. The burden shall rest upon the taxpayer to prove that the tax as paid by him is incorrect, either in whole or in part, and to establish the correct amount of the tax. In such proceeding the taxpayer shall be deemed the plaintiff, and the county the defendant; and both parties shall be entitled to subpoena and require the attendance of witnesses as in any other civil action, and to produce evidence that is competent and material to determine the correct amount of the tax. Either party shall be allowed to appeal to the Supreme Court of the state in the same manner as other civil actions are appealed to that court. It shall not be necessary for the taxpayer to protest the payment of any tax or to make any demand to have the same refunded or to petition the treasurer for a hearing in order to appeal to the courts, as herein provided. No court action or proceeding of any kind shall be maintained by the taxpayer to recover any tax paid or any part thereof, except as herein provided. (§ 8 of Ord. dated August 16, 1943). 3.04.090-Administration. The administration of this chapter shall be vested in and exercised by the treasurer who shall prescribe forms and rules of procedure in conformity with this chapter and for the determination of the taxable status of any person, for the making of returns and for the ascertainment, assessment and collection of taxes and penalties imposed hereunder. The treasurer shall make rules not inconsistent with this chapter necessary in enforcing its provisions, which rules shall have the same force and effect as if specifically included herein unless declared invalid by the judgment of a court of record not appealed from. Such rules shall be on file in the office of the treasurer and shall become effective ten days after the filing thereof, and shall be open to the public inspection at all reasonable times. (§ 9 of Ord. dated August 16, 1943). 3.04.100- Returns—Disclosure of information unlawful—Exceptions. It is unlawful for the treasurer or any deputy, agent or employee thereof, or for any other person, to make known or reveal any facts or information contained in any return filed by any taxpayer pursuant to the provisions of this chapter or disclosed in any investigation or examination of the taxpayer's books or records made in connection with the administration of this chapter. The foregoing, however, shall not prohibit the treasurer or his deputy from: (1) Giving such facts or information in evidence in any court action involving tax imposed hereunder or involving any violation of the provisions of this chapter; (2) Giving such facts and information to the taxpayer or his duly authorized agent; (3) Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof; (4) Giving such facts or information, for official purposes only, to the board of county commissioners, the Tax Commission of the state of Washington, the Commissioner of Internal Revenue of the United States, the Department of Justice, the Army and Navy Department of the United States, or any authorized representative thereof. (§ 10 of Ord. dated August 16, 1943). 3.04.110- Records required. It shall be the duty of every person liable for tax hereunder to keep and preserve for a period of two years such suitable records as may be necessary to determine the amount of any tax for which he may be liable under the provisions of this chapter and such books and records shall be open for examination at any time by the treasurer or his duly authorized deputy. Any person who fails to comply with the requirements of this section shall be forever barred from questioning in any court action or proceeding the correctness of any assessment of taxes made by the treasurer and based upon any period for which such books and records have not been so kept and preserved. Except in case of fraud, the treasurer shall not assess against any taxpayer any tax that may have become payable under the provisions of this chapter and remained unpaid for more than three years. (§ 11 of Ord. dated August 16, 1943). 3.04.120-Tax exemptions. The provisions of this chapter shall not apply to: (1) Admissions to any place located within the corporate limits of any city or town in the county during the time that such city or town imposes a tax of similar nature upon the admission charge to any place within its corporate limits; (2) Any admission charge which is less than eleven cents. (§ 12 of Ord. dated August 16, 1943). 3.04.130- Unlawful acts—Penalty. It is unlawful for any person to engage in the business of charging an admission to any place without having obtained a certificate of registration as provided herein; or to engage in such business after his certificate shall have been revoked by order of the treasurer; or to make any false or fraudulent return or false statement in any return with intent to defraud the county or evade the payment of the tax imposed by this chapter; or for any person to fail or refuse to permit the examination of any record by the treasurer or his deputy as provided by this chapter; or to wilfully violate any other provision of this chapter. Any person violating any of the provisions of this section is guilty of a gross misdemeanor and punishable in the manner provided by law. In addition to the foregoing penalties, any person who shall knowingly sign any false or fraudulent return or any return containing any false or fraudulent statement, with intent to defraud the county, is guilty of the offense of perjury in the second degree and, on conviction thereof, shall be punished in the manner provided by law. All penalties or punishments provided in this section shall be in addition to all other penalties provided in this chapter. (§ 13 of Ord. dated August 16, 1943). 3.04.140- Deposition of proceeds. The treasurer shall deposit the proceeds of the tax levied by this chapter in the county current expense fund. Moneys so deposited shall be deemed a county current expense fund tax, receipt subject to budgeting and expenditure by the board of county commissioners in the manner provided by law for other current expense fund expenditures. (§ 14 of Ord. dated August 16, 1943). MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: October 28, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: 2020 Take Home Vehicle assignment approval by Board of County Commissioners for the following individuals: Michael Leeberg, Allan Eaton, Rod LaRue, Brenen Profitt, Grant Dishon, &Cynthia Brewer EXECUTIVE SUMMARY: 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. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Request to place on the November 5, 2019 Consent Agenda consideration of six VehicleTake- Home Assignment Authorization Request Forms for the calendar year 2020. ATTACHMENTS: Six Vehicle Take-Home Assignment Authorization Request Forms Briefing Summary 10/21/2019 Vehicle Take-Home Assignment Authorization Request Employee Name Department 1137 Title/Position Division ►Zc,�.��5 Vehicle No&Type �M County of Residence VktkS S, Primary Work Station 4-1 S'�.J Current Odometer Reading- 13 " 17,4 Daily Commute Miles Z–(, S W,14.V Mileage outsite of County(if � Daily Business Miles 15,0 applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: 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 all 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 form. 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-Home Vehicle is a fringe benefit that generates a tax liability.If your request fora Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. -2e __ 9 -b-19 equestor'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. Department Director 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 #( 255 a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Service body with permanently mounted side tool boxes with tools to repair critical county road signs e) Above and over cab sign post rack on side of truck of vehicle f) Assorted signs for emergencies (i.e stop signs, yeild signs, etc g) CB radio h) Company 2 way Of radio i) Permanent rear bumber mounted vise This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond and repair critical safety sign infrastructure, emergency road closures, and other emergencies to protect life and limb. Per agreement with Frank Pinter and the BOCC, record keeping not required • • Take-Home • ' • Assignment Authorization / ' ' Request • t • Employee Name 1944411 1E1,0!M(0A/ Department Q(T Title/Position ASST. 04 M MAAJAe.FR Division ro-061 C? Vehicle No&Type F /,50 q Uln CfveD) /$b County of Residence MAS Primary Work Station 1^1FAu72A2_ –596-P Current Odometer Reading y�,4 &( 10 Daily Commute Miles / Mileage outsite of County(if — Daily Business Miles A applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one 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 bean 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 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 form. Q 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-Home Vehicle is a fringe benefit that generates a tax liability.If your request for a Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. equestor's Signature Date 7 I have read and understand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. Department Director 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 # ( 180 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 Vehicle Take-Home Assignment Authorization Request Employee Name Department Title/Position �,, �; ivision d.,a Vehicle No&Type ,10,E ZK /!9 County of Residence dyj/�3�,•tom Primary Work Station f L�.%444 C:-2 _,tyv f%wo5o Current Odometer Reading Daily Commute Miles la',a� Mileage outsite of County(if Daily Business Miles _���% applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one 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 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 form. 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 Coro owned TakAHome Vehicle is a fringe benefit that generates a tax liability.if your request for a Take-Home Vehicle assignment is approved ouWree 'd to check with payroll to determine your liability. 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. Department Director Date I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. El 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 # ( 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 Vehicle Take-Home Assignment Authorization Request Employee Name J r e. He Department mob). c �/Jo•kS Title/Position Q Ot M & Division Jloeo� Vehicle No&Type I qo —1 County of Residence Mes u„ Primary Work Station 1PLbJ; W or ks Oe-1,,.r., Current Odometer Reading J I Z Daily Commute Miles 7, (, Mileage outsite of County(if P1 A Daily Business Miles 1 5 O applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one 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 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 form. 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-Home Vehicle is a fringe benefit that generates a tax liability.If your request for a Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. —'I�t�, e4 y s��ol4 Requestor's SignatuiV I 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. Department Director Date I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved Ile ❑ 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 #1 190 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 Vehicle Take-Home Assignment Authorization Request Employee Name LY hik el 1'- S C t1 Department �) G l.✓ F ( k `) Title/Position ' M V n ei[✓:5,(Division /', M&4.1 { Vehicle No&Type / , t i _ f / S CU County of Residence j�I G _jG i-` Primary Work Station Current Odometer Reading ,6- Z ei 3 Daily Commute Miles Z Mileage outsite of County(if 1Y/A Daily Business Miles %G U applicable) Number of emergency call-outs in previous years: April 1-Sept.30: IV/ Oct.1-March 31: / 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 all 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 form. 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 Cpunty owned Take-Home Vehicle is a fringe benefit that generates a tax liability.If your request fora Take-Home Vehicle assignment is approve ,you are requited to check with payroll to determine your liability. Re a toi s Si nature 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. Department Director 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 T Special Equipment Justification Documentation Vehicle#1 181 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 i 1 I Vehicle Take-Home Assignment Authorization Employee Name Department Title/Position Rill GZ Division jlef Vehicle No&Type i!5*1 rtFISO County of Residence Afdfos2 Primary Work Station jN�fIr'j).SGl1a j!zl, Current Odometer Reading 59119 Daily Commute Miles _(� Mileage outsite of County(if fk Dally Business Miles applicable)( Number of emergency call-outs in previous years: April 1-Sept.30: (! Oct.1-March 31: Ca Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. i [,Emergency Response: The employee has the primary responsibility for responding to emergency situations which 1 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 ail 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 form.2/11" ! 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 justifcations 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 j a copy of relevant contract language. Union Local: i Nate:A County owned Take-Nome Vehicle Is a fringe benefit that generates a tax liability.if your request fora Take-Nome Vehicle assignment is j approved,you are requited to check with payroll to determine yourilability. I 1 Req is S' na D e I have ad a u d stand the County Polic verning ke-Home vehicles and County Vehicle use. i certify that this request meets the requirements. j Zv / 7 t t Depa nt ire o Date I certify this re uest meets the requirements of the County Policy and recommended the BOCC approve the request. I ❑ Approved j [] Denied Chair of BOCC Date i i Please submit this form to the Risk Manager by September 30th of each year. i Original to Risk Management 1 Payroll Take-Name log : i I i { i I I i I Evidence Tech Vehicle Equipment r Large Containers: Evidence packaging supplies Gun Boxes Knife Boxes Integrity evidence bags in multiple sizes Currency Bags Paper bags of different sizes DNA Swabs and distilled water DNA Swab Boxes j Zip Ties Packing Tape j Evidence Tape ! Evidence Documentation Sheets Blood Draw vials Disposable Gloves Disposable Tweezers Disposable Scalpels Disposal Measuring Tape Gallon Cans Pint Cans Sharpies Envelopes(Various Sizes) Bio Hazard Identification Labels Assorted Glass Vials Toe Tags i i i Bio hazard supplies Tyvek Suits Tyvek Hats Tyvek Booties , Masks/Respirators Heavy Gloves ' Plastic drop cloth Disposable Gowns Sharps Container Bio hazard waste Biohazard bags Gloves i 1 s i i i i Drug take back boxes Biohazard bags Gloves I Evidence scene processing equipment i Extension Cords Portable Lights Rope Air Compressor Tarp Bleach Bungie Cords Crime Scene Tape Assorted Tools Chains Jumper Cables Camera Tape Measure Flashlight Piy bar Cats paw Knives I i Fingerprint Kit I I I i Northwest Regional Director Department of Interior, Bureau of Indian Affairs 911 NE Eleventh Ave Portland, OR 97232-4169 To Whom It May Concern The Mason County Board of Commissioners supports the Squaxin Island Tribe's application to take into trust properties previously held by the aquaculture business Clamfresh known as "Quarters Point" and specifically identified as parcel nos. 31914-10-80830, 31914-24-90032 and 31914-40-80840. The Board knows the Tribe is a responsible steward of the environment, has established a decades long relationship with the County Sheriff by MOU to address jurisdictional issues, and makes ongoing investments in the both the tribal and surrounding community. The Board also understands the deep connection within the Tribal community to the shellfishery. Tribal enterprises, including the tribal aquaculture business that took over the Clamfresh property, provide high quality employment opportunities and economic possibilities for Mason County. It is the Board's belief that the relatively limited amount of real property tax or assessment loss that may result from placing the land in trust status is far outweighed by the financial and other benefits of the Tribe's participation in the local economy. Thank you for your consideration. Sincerely, TerraScan TaxSifter- Mason County Washington Page 1 of 2 k } MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(Q) Elisabeth Frazier Mason County Treasurer 411 N 5th Street,Building 1 Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 31914-10-80830 Owner Name: SQUAXIN ISLAND TRIBE DOR Code: 91 -Undeveloped-Land Addressi: C/O DAVID C JOHNS Situs: Address2: 3591 SE OLD OLYMPIC HWY Map Number: City,State: SHELTON WA Status: Zip: 98584 Description: TAX 83 EX S 44/166-171,S 44/185-193 Comment: Current Tax Year Details Type Taxpayer Statement# Grass Tax Tax Exempt Net Tax Asmts Total Tax Real Property SQUAXIN ISLAND TRIBE 2019-319141080830 $180.33 $0.00 $180.33 $0.00 $180.33; Balances Due 5 Year Tax History Type Statement Number Taxes Assessments i Fees Balance Due Real Property 2019-319141080830 } $180.33 $0.00 ? $0.00 $0.00 ._....... .... ...... Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 921334-04/17/19-Anna 04/17/2019 $180.33 $0.00 $180.33 Type Statement Number Taxes Assessments Fees i Balance Due Real Property 2018-319141080830 $90.19 $0.00 1 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 842119-04/25/18-Heather I 04/25/2018 $90.19 $0.00 $90.19 Type Statement Number ' TaxesAssessments Fees Balance Due Real Property 2017-319141080830 $7741 1 $0.00 $O.'00 $0.00 Receipt Number Receipt Date ? Taxes/Fees Interest Paid z Total Paid 735664-04/13/17-Heather 04/13/2017 $77.41 $0.00 $77.41 Type Statement Number Taxes -I Assessments Fees Balance Due Real Property 2016-319141080830 ? $71.21 3 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid _ 666926-04/28/16-Barb 1 04/28/2016 $35.61 $0.00 $35.61 685772-10/06/16-Barb 10/06/2016 $35.60 $0.00 $35.60 t Type Statement Number ? Taxes Assessments FeesF �BalanceueReal Property 2015 319141080830 $70.13 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid ------- ... _ 580742 05/04/15 Julle 1 05/04/2015 $35.07 _$0.00 $35.07 ._ _ _ 629316-01/19/16-Barb 01/19/2016 $36.-06 $3.86 $39.92 j https://property.co.mason.wa.us/Taxsifter/Treasurer.aspx?key1d=34653 77&parcelNumbe... 10/24/2019 TerraScan TaxSifter - Mason County Washington Page 1 of 2 MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(Q) Elisabeth Frazier Mason County Treasurer 411 N Sth Street,Building 1 Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 31914-24-90032 Owner Name: SQUAXIN ISLAND TRIBE DOR Code: 18-Residential -All other Addressl: C/O DAVID C JOHNS Situs: 1091 SE DAHMAN RD,SHELTON 98584 Address2: 3591 SE OLD OLYMPIC HWY Map Number: City,State, SHELTON WA Status: Zip: 98584 Description: PCL 2 OF BLA#14-43 AF#2032869 PTNS OF GL 1 &2 S 34/176-177,S 35/152, S 36/129 S 39/2,&S 41/48-49 S 44/166-171, S 44/185-193 Comment: Current Tax Year Details Type Taxpayer Statement# Gross Tax Tax Exempt Net Tax Asmts Total Tax Real Property SQUAXIN ISLAND TRIBE 2019-319142490032 $9,680.61 $0.00 $9,680.61 $17.90 $9,698.51 Balances Due 5 Year Tax History Type Statement Number Taxes Assessments Fees Balance Due Real Property 2019-319142490032 $9,680.61 $17.90 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid {z Total Paid 921335 04/17/19 Anna 04/17/2019 $9,698.51 $0.00 $9,698.51 Type _ Statement Number Taxes Assessments Fees Balance Due i Real Property 2018-319142490032 $14,232.81 $17.90 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 842120-04/25/18-Heather 04/25/2018 $14,250.71 $0.00 $14,250.71 Type Statement Number Taxes Assessments Fees Balance Due Real Property 2oi7-319142490032 j $11,812.53 $17.90 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid .........................__...__..........................................._..._._.......__........................_....................._....... .................._...._...__...._._._..---_._......................_._.-.._......_.._...---._._..............._...._....-._._�__........ 735663-04/13/17-Heather 04/13/2017 $11,830.43 $0.00 $11,830.43 ........_... ...... _ - -- --- - .. Type Statement Number Taxes Assessments Fees Balance Due ......... ..... . .................... ................._...._............................................... Real Properly 2016-319142490032 $10,934.85 ' $17.90 $0.00 $0.00 _........._...._.._._.-.__......_.....__._....._..... 3 Receipt Number Receipt Date ._.._I.._......_Taxes/Fees Interest Paid Total Paid ... 666927-04/28/16-Barb 04/28/2016 $5,476.38 $0.00 $5,476 38 ... ... .. - - ._. _............... 685773-10/06/16-Barb 10/06/2016 �— $5,476.37 $0.00 $5,476.37 --............._._...._......- .....- --.._. .... ..........--- ..... ... Type Statement Number Taxes Assessments Fees Balance Due --- --- - ... . .. ..... .................. Real Property 2015-319142490032 $9,980.22 $17.90 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid i 580743-05/04/15-Julie 05/04/2015 $2,730.94 $0.00 $2,730.94 624200 11/05/15 Barb 11/05/2015 $7,267.18 $0 00 7,267.18 ........_.._...................... $ - ....E https:Hproperty.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyld=3465 390&parcelNumbe... 10/24/2019 TerraScan TaxSifter- Mason County Washington Page I of 2 MASON COUNTY K WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Elisabeth Frazier Mason County Treasurer 411 N 5th Street,Building 1 Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 31914-40-80840 Owner Name: SQUAXIN ISLAND TRIBE DOR Code: 91 - Undeveloped-Land Addressl: C/O DAVID C JOHNS Situs: Addressl: 3591 SE OLD OLYMPIC HWY Map Number: City,State: SHELTON WA Status: Zip: 98584 Description: TAX 84 EX S 44/166-171,S 44/185-193 Comment: Current Tax Year Details Type Taxpayer Statement# Gross Tax Tax Exempt Net Tax Ascots Total Tax Real Property SQUAXIN ISLAND TRIBE 2019-319144080840 $45.23 $0.00 $45.23 $0.00 $45.23. Balances Due 5 Year Tax History Type Statement Number Taxes Assessments Fees Balance Due ��Ral Property 2019 319144080840 $45.23 $0.00 $0.00 ` $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 921336-04/17/19-Anna 04/17/2019 $45.23 $0.00 $45.23 I Type Statement Number Taxes Assessments Fees Balance Due Real Property 2018-319144080840 $22.64 $0.00 $0.00 $0.00 Receipt Number m Receipt Date Taxes/Fees Interest Paid Total Paid 842121-04/25/18-Heather� 04/25/2018 $22.64 $0.00 $22.64 i Type Statement Number Taxes Assessments Fees Balance Due Real Property 2017-319144080840 $19.41 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 735662 04/13/17 Heather 04/13/2017 $19.41 $0.00 $19.41 Type Statement Number Taxes Assessments Fees Balance Due ..._ Real Property 2016-319144080840 $17.85 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 1 _ _ ..... ..._.. _ .. .. _.._._. _ .._... 666928-04/28/16-Barb 1 04/28/2016 1 $17.85 $0.00 $17.85 Type Statement Number Taxes Assessments Fees 1 Balance Due Real Property 2015-319144080840 i $17.58 $0.00 $0.00 $0.00 1 Receipt Number ��-eipt Date Taxes/Fees Interest Paid Total Paid 580744-05/04/15-Julie04/2015 $17.58 $0.00 $17.58 Type �- Statement Number Taxes Assessments Fees Balance Due https://property.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyId=3465407&parcelNumbe... MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 10/28/2019 PREVIOUS BRIEFING DATES: NA If this is a follow-up briefing, please provide only new information ITEM: 2020 EH Fee Schedule EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Per Resolution 70-13, Environmental Health fees will be adjusted for the 2020 calendar year. Fees are being adjusted by the CPIU of +2.7%. For convenience fees are rounded down to the nearest $5.00. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) Notices and reminders are sent to contractors, designers, and other stakeholders affected. Updated fee schedule will be posted to website upon approval. BUDGET IMPACTS: Fee adjustments are included in proposed budgets RECOMMENDED OR REQUESTED ACTION: Recommend proposed fee schedule be moved to action agenda for Nov. Stn ATTACHMENTS: Draft 2020 Fee schedule, copy of resolution 70-13 Briefing Summary 10/23/2019 Mason County Community Services Page 1 of 2020 Environmental Health Fee Schedule Drinking Water Program Plan Review Private 2 Party $255 $230 3-14 Connections $595 $57-5 Existing System Approval $425 $4�5 Re-submittal $140 $435 Well Construction Permit $255 $230 Well Decommissioning $340 $330 Well Site Inspection $215 $240 Re-inspection $140 $435 Group B or Individual Sanitary Survey $400 $3.90 Water System Health Letter $85/hr $80/hf WaiverNariance $255 $230 Water Adequacy Review- See building permit plan review Technical Assistance (per hour) $85/hr $80/hf Appeal $170 $4&5 School Inspection Plan review(per hour) $85/hr $80/hf Pre-school $85/hr Elementary School $85/hr $80mf Middle School $85/hr $80/hf High School $85/hr $80/h Day Care $85/hr $80/-hf Technical Assistance (per hour) $85/hr $80/hf Water Recreation Facility Year-round Operation $425 $4�5 Additional pool or spa $85 $80 SeasonalOperation $340 $3-30 Additional pool or spa 4ki Tech nicalAssistance (per hour) $85/hr Vector Process & ship vector specimen $45 Solid Waste Program Municipal Landfill Application $85/hr $80/h Renewal $400 $290 Closure/ Post Closure $400 $290 Transfer Station, Moderate Risk Waste Facility Application $455 $445 Renewal $340 $3--30 Per Ton (Fee set by resolution) $1.50 Mason County Community Services- Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 Mason County Community Services Page 2 of 5 2020 Environmental Health Fee Schedule Monofill, Inert Disposal/Landfill Application $515 $599 Renewal $340 $3-39 Closure/ Post Closure $285 $275+ Woodwaste, Woodwaste recycling, Composting, Limited purpose landfill, Medical Incinerator, Waste to energy, Treatment facility Application $625 $610 Renewal $400 $890 Closure/Post Closure $270 $26-5 Piles, Surface Impoundments Application $340 $330 Renewal $255 $2-59 Tire Pile, Recycling,Conditional Exempt Waste Facility, Drop Box Application $340 $3-39 Renewal $255 $259 Non-inert Construction Demo Landfill Application $800 $780 Renewal $455 $446 Closure/ Post Closure $310 $39-5+ Energy Recovery/[nceneration Application $4,325 $4,210 Renewal $1,545 $1309 Technical Assistance (per hour) $85/hr $8GA+F Waiver $255 $269 Appeal $170 $44" Hazardous Material Cleanup Illegal Drug Lab Plan Review $255 $250 Per hour over 3 hours $85/hr $89Aif Food Service Permit Fees Restaurants Complex Large $770 $7-59 Complex Small $515 $599 Non-complex Large $340 $3-39 Non-complex Small $255 $2-59 Taverns Complex Large $770 $759 Complex Small $515 $599 Non-complex (no Food) $255 $269 Mobiles Complex $505 $49-5 Non-complex $255 $2-59 Kitchens Large $255 $2-59 Mason County Community Services- Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 Mason County Community Services Page 3 of 5 2020 Environmental Health Fee Schedule Small $175 $�78 Confectionery $175 $1-79 Espresso $175 $179 Bed & Breakfast $175 $1�� Bake $255 $2-59 School/Jail Food Service Central Kitchen $255 $259 Satellite Kitchen $175 $178 Headstart/Preschool $215 $2�9 Re-inspections Initial $85 "0 Follow-up $140 $ 5 Technical Assistance (per hour) $85/hr $89Aaf Plan Review(per hour) $85/hr $89/hf Appeal/Office Conference $170 $465 Catering Off Premises Vending - Licensed Restaurant $175 $479 Catering with Commessary Only $255 $2N Grocery/Markets 0-3 Checkstands Base fee $255 $239 4+ Checkstands Base fee $300 $289 For Each Department Add: Bakery $85 $89 Meat $85 $69 Seafood $85 $W Deli $130 $a 25 Espresso $85 $69 Food Handlers Card (fee set by State) $10 Duplicate for Lost Food Handlers Card $3 Temporary Food Event Low Risk Foods Regular Tax Exempt Single Event $45 $30 Multiple up to 21 days $85 $89 $60 Farmer's Market $70 $55 Moderate Risk Foods Single Event $85 W $60 Multiple up to 21 days $175 $130 $425 Farmer's Market $160 $4-55 $120 $44-5 High Risk Foods Single Event $130 $42-5 $95 $99 Multiple up to 21 days $255 $2-59 $190 $486 Farmer's Market $240 $235 $180 " Expedited Food Permit Additional 50% of fee Land Use Fees BLA(office review) $130 $42-5 Mason County Community Services-Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 Mason County Community Services Page 4 of 5 2020 Environmental Health Fee Schedule Large Lot Subdivision Application fee $400 $399 Per Parcel fee $30 Short Subdivision $400 $390 Subdivision Application fee $595 $57-5 Per Parcel fee $30 Other review(per hour) $85/hr Pre-application meeting - Major EH Plan Review $225 $22-0 Change in Tennant- Minor EH Plan Review $115 $440 Building Plan Review/Change of Use -Onsite Sewage: $115 $4�9 Building Plan Review/Change of Use- Drinking Water Availability: $115 $m Water Resource Inventory Area (WRIA) Fee, (set by State) $500 Technical Assistance (per hour) $85/hr $80Ahr Licensed Onsite Professionals Certified Installer Test(through WOSSA) Annual $255 $258 Certified Pumper Inspection <1 hour, additional time billed per hour $85 $80 Annual $255 $2-58 Certified O&M Specialist Test(through WOSSA) Annual $255 $2-50 Washington State DOL Certified Designer Inclusion on Mason County list-Annual Listing $30 Onsite Sewage System Fees Individual permit $465 $435 Installation $225 $22-0 Extension (< 1 year through September 30) $140 $45 Homeowner install - in addition to installation fee $190 $4-85 Tank Only $225 $220 Community/Commercial $1,085 $1055 Base + hourly rate > 8 hrs Per connection (payable with design submittal $140 $ 5 Re-inspection/Re-submittal $140 $435 O&M Processing/ Data entry to Carmody $40 Winter Observation $515 $508 EH Review(Non-refundable) CRT Water $225 $220 Septic $215 $24� Both $385 $37-0 Property Evaluation $310 $305 Dye Test(supplies extra) $85/hr $80/hr Mason County Community Services- Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 Mason County Community Services Page 5 of 5 2020 Environmental Health Fee Schedule Appeal $170 $4485 WaiverNariance Staff/EH $170 $ Health Officer/DOH/Director $255 $ 9 Technical Assistance (per hour) $85/hr $Mhr Other EH Fees Technical Assistance all EH Programs $85/hr $80/hf Fee for copies (set by State) $0.15 SEPA(set by DCD) Filing fees (Fee set by Auditor) Scanning fee (per document/permit) $10 Operating without a permit Double permit fee Technology Surcharge (set by DCD for electronic permitting) Per resolution 70-13, the following Environmental Health fees may be increased each year by the amount of the July to July Consumer Price index(CPIU) -All Urban Consumers, with a maximum increase of 5%. The CPIU used for this 2020 Fee Schedule is 2.7%. Fees have also been rounded down to the nearest $5.00. Mason County Community Services- Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 RESOLUTION NO. -70 — 13 TO AMEND RESOLUTION NO. 145-08 ENVIRONMENTAL HEALTH FEES WHEREAS,the provision of public health services and activities within Mason County requires the collection of fees to compliment other sources of revenue, WHEREAS, it is the role and responsibility of Mason County Board of County Commissioners to set policy for Mason County Public Health concerning the funding of public health programs and activities in Mason County and to set fees accordingly, WHEREAS,the Mason County Board of health met on November 26,2013 and reviewed and deliberated on the appropriate fees for public health goods and services,and WHEREAS,the proposed Environmental Health Fees for 2014 were approved by the Mason County Board of Health on November 26,2013, THEREFORE,IT IS ESTABLISHED THAT Mason County Public Health, Environmental Health Fees are amended for 2014 as shown in Attachment A,effective January 1, 2014. IT IS FURTHER ESTABLISHED THAT Mason County Public Health,Environmental Health Fees will be increased each year after 2014 by the amount of the July to July Consumer Price Index(CPN)-All Urban Consumers with a maximum increase of 5%. APPROVED this (�- day of DC, . ,2013. BOARD OF COUNTY COMMISSIONERS Randy�eatherlin,Cha-iTperson Terri Jeffit o �miissiioner Tim Sheldon,Commissioner ATTEST: Mindi Brock, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief Civil Deputy Prosecuting Attorney MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING OCTOBER 28,2019 Briefing Items 1. Title VI Non-Discrimination Annual Update and Accomplishment Report and updating County Title VI Non-Discrimination Agreement(Diane) 2. Lease Agreement with Verizon Wireless—Set Hearing for December 3,2019 @ 9:15am (Diane) 3. Multiple small water system Franchise Agreements—Set Hearing for December 3, 2019 @ 9:15am(Diane) Discussion Items • ER&R Commissioner Follow-Up Items 1. Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty _Loretta Swanson Sharon Trask —Others:(List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Sheesley, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: October 28, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Title VI of the Civil Rights Act Requirements EXECUTIVE SUMMARY: Washington State Department of Transportation requires Public Works to submit a Title VI NDA Annual Accomplishment and Update report yearly. Title VI of the Civil Rights Act of 1964 is the main legal authority for the department's Office of Equal Opportunity, External Civil Rights nondiscrimination programs. Title VI prohibits discrimination on the basis of race, color, sex or national origin in programs or activities receiving federal financial assistance. Once an agency accepts federal funds, all of its programs and activities are covered, regardless of their funding source. Related statutes and Presidential Executive Orders under the umbrella of Title VI address Environmental Justice (EJ) in minority and low-income populations, and services to those individuals with Limited English Proficiency (LEP), women and the disabled. WSDOTs Title VI Program is responsible for providing leadership, direction and policy to ensure compliance with Title VI and Environmental Justice and Limited English Proficiency principles and to ensure that social impacts to communities and people are recognized and considered throughout the transportation planning and decision-making process. County also needs to update the Nondiscrimination Agreement due to new Chief Executive Officer and Public Works Director and sign the new USDOT Standard Title VI/Non-Discrimination Assurances document that is part of the agreement. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the Chair to sign the following Title VI of the Civil Rights Act related requirement 1. Updated Title VI Non-Discrimination Agreement for reporting period May 1, 2018 to April 30, 2019 2. Annual Report covering the reporting period from May 1, 2018 to April 30, 2019. 3. USDOT Standard Title VI/Non-Discrimination Assurances Attachments: 1. Non-Discrimination Agreement— Attachment 1 and 2 2. 2019 Title VI Non-Discrimination Annual Update and Accomplishment Report 3. Title VI/Non-Discrimination Assurances DOT Order No 1050.2A Nondiscrimination Agreement Population Under 100,000 Washington State Department of Transportation and Mason County Policy Statement The Mason County,hereinafter referred to as the"Recipient"assures that no person shall on the grounds of race,color,national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987(P.L. 100.259)be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity.The Recipient further assures every effort will be made to ensure nondiscrimination in all of its programs and activities,whether those programs and activities are federally funded or not. The Civil Rights Restoration Act of 1987,broadened the scope of Title VI coverage by expanding the definition of terms"programs or activities"to include all programs or activities of federal aid recipients, sub-recipients,and contractors/consultants,whether such programs and activities are federally assisted or not(Public Law 100259 [S.557] March 22, 1988). In the event the Recipient distributes federal aid funds to a sub-recipient,the Recipient will include Title VI language in all written agreements and will monitor for compliance. The Recipient's Support Services Department is responsible for initiating and monitoring Title VI activities,preparing reports and other responsibilities as required by 23 Code of Federal Regulation(CFR)200 and 49 Code of Federal Regulation 21. Signature Title Date Title VI Program Organization and Staffing Pursuant to 23 CFR 200,Mason County has designated a Title VI Coordinator who is responsible for Attachment 1,which describes the hierarchy for Mason County's Title VI Program, including an organization's chart illustrating the level and placement of Title VI responsibilities. April 2014 Page 1 Assurances 49 CFR Part 21.7 The Mason County,hereby gives assurances: 1. That no person shall on the grounds of race,color,national origin,and sex, be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity conducted by the recipient regardless of whether those programs and activities are federally funded or not.Activities and programs which the recipient hereby agrees to cant' out in compliance with Title VI and related statutes include but are not limited to: • List all major Transportation programs and activities of the recipient and Title VI responsibilities for each one of them. Include information as Attachment 2 to this Nondiscrimination Agreement. 2. That it will promptly take any measures necessary to effectuate this agreement. 3. That each Transportation program,activity, and facility(i.e., lands change to roadways,park and ride lots,etc.)as defined at 49 CFR 21.23(b)and(e), and the Civil Rights Restoration Act of 1987 will be(with regard to a program or activity) conducted,or will be(with regard to a facility)operated in compliance with the nondiscriminatory requirements imposed by,or pursuant to,this agreement. 4. That these assurances are given in consideration of and for the purpose of obtaining any and all federal grants, loans,contracts,property, discounts or other federal financial assistance extended after the date hereof to the recipient by the Washington State Department of Transportation(WSDOT)under the federally- funded program and is binding on it, other recipients, subgrantees, contractors, sub-contractors,transferees, successors in interest and other participants.The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient. 5. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all federally-funded programs and, in all proposals for negotiated agreements. The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d to 2000d-4 and Title 49,Code of Federal Regulations,Department of Transportation, Subtitle A,Office of the Secretary, Part 21,Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act,hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color,national origin,or sex in consideration for an award. Page 2 April 2014 6. That the Recipient shall insert the clauses of Appendix 1 of this Agreement in every contract subject to the Act and the Regulations. 7. That the Recipient shall insert the clauses of Appendix 2 of this Agreement,as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures,or improvements thereon, or interest therein. 8. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this Agreement, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a)for the subsequent transfer of real property acquired or improved under a federal aid program;and(b) for the construction or use of or access to space on, over or under real property acquired,or improved under a federal aid program. 9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act,the Regulations,and this agreement. Implementation Procedures This agreement shall serve as the recipient's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement; "Federal Assistance"shall include: 1. Grants and loans of federal funds. 2. The grant or donation of federal property and interest in property. 3. The detail of federal personnel. 4. The sale and lease of,and the permission to use(on other than a casual or transient basis),Federal property or any interest in such property without consideration or at a nominal consideration,or at a consideration which is reduced for the purpose of assisting the recipient,or in recognition of the public interest to be served by such sale or lease to the recipient. 5. Any federal agreement,arrangement,or other contract which has as one of its purposes,the provision of assistance. The recipient shall: I. Issue a policy statement, signed by the head of the recipient,which expresses its commitment to the nondiscrimination provisions of Title VI.The policy statement shall be circulated throughout the recipient's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by WSDOT or the United States Department of Transportation(USDOT)within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement.The head of the recipient shall be held responsible for implementing Title VI requirements. April 2014 Page 3 3. Designate a civil rights coordinator who has a responsible position in the organization and easy access to the head of the recipient.The civil rights coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. The civil rights coordinator shall adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement.Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation.Identify each complainant by race, color,national origin or sex,the nature of the complaint,the date the complaint was filed,the date the investigation was completed,the disposition,the date of the disposition, and other pertinent information.A copy of the complaint,together with a copy of the recipient's report of investigation,will be forwarded to WSDOT's Office of Equal Opportunity(OEO)within 10 days of the date the complaint was received by the recipient. 6. Collect statistical data(race,color,national origin, sex)of participants in, and beneficiaries of the Transportation programs and activities conducted by the recipient. 7. Conduct Title VI reviews of the recipient and sub-recipient contractor/consultant program areas and activities. Revise where applicable,policies,procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by WSDOT OEO. 9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year.This report is due one year from the date of approval of the Nondiscrimination Agreement and then annually on the same date. a. Annual Work Plan—Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion. b. Accomplishment Report—List major accomplishments made regarding Title VI activities. Include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Coordinator and program area personnel have undertaken in monitoring Title VI.Include a description of the scope and conclusions of any special reviews(internal or external)conducted by the Title VI Coordinator.List any major problem(s) identified and corrective action taken. Include a summary and status report on any Title VI complaints filed with the recipient. Page 4 April 2014 Discrimination Complaint Procedure 1. Any person who believes that he or she, individually,as a member of any specific class,or in connection with any disadvantaged business enterprise,has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964,the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended,may file a complaint with the recipient.A complaint may also be filed by a representative on behalf of such a person.All complaints will be referred to the recipient's Title VI Coordinator for review and action. 2. In order to have the complaint consideration under this procedure,the complainant must file the complaint no later than 180 days after: a. The date of alleged act of discrimination; or b. Where there has been a continuing course of conduct,the date on which that conduct was discontinued. In either case,the recipient or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. 3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative.Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination.In the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient,the person shall be interviewed by the Title VI Coordinator. If necessary,the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature.The complaint shall then be handled according to the recipient's investigative procedures. 4. Within 10 days,the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as WSDOT and USDOT. 5. The recipient will advise WSDOT within 10 days of receipt of the allegations. Generally,the following information will be included in every notification to WSDOT: a. Name,address, and phone number of the complainant. b. Name(s)and address(es)of alleged discriminating official(s). c. Basis of complaint(i.e.,ncce, color,national origin,or sex) d. Date of alleged discriminatory act(s). e. Date of complaint received by the recipient. f. A statement of the complaint. g. Other agencies(state, local, or federal)where the complaint has been filed. h. An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint. April 2014 Page 5 6. Within 60 days,the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained,will render a recommendation for action in a report of findings to the head of the recipient.The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. 7. Within 90 days of receipt of the complaint,the head of the recipient will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter.The notification will advise the complainant of his/ her appeal rights with WSDOT, or USDOT, if they are dissatisfied with the final decision rendered by the Recipient.The Title VI Coordinator will also provide WSDOT with a copy of this decision and summary of findings upon completion of the investigation. 8. Contacts for the different Title VI administrative jurisdictions areas follows: Washington State Department of Transportation Office of Equal Opportunity,Title VI Program PO Box 47314 Olympia,WA 98466 360-705-7098 Federal Highway Administration Washington Division Office 711 Capitol Way South, Suite 501 Olympia,WA 98501 360-534-9325 Page 6 April 2014 Sanctions In the event the recipient fails or refuses to comply with the terms of this agreement, WSDOT may take any or all of the following actions: 1. Cancel,terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the recipient under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the recipient. 4. Refer the case to the Department of Justice for appropriate legal proceedings. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION: Signature Director of the Office of Equal Opportunity Title Date NAME OF RECIPIENT: Signature Title Date April 2014 Page 7 Appendix 1 During the performance of this contract,the contractor/consultant, for itself, its assignees and successors in interest(hereinafter referred to as the"contractor")agrees as follows: 1. Compliance With Regulations—The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of United States Department of Transportation(USDOT),Title 49,Code of Federal Regulations, Part 21,as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination—The contractor,with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment.The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment—In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment,each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex,or national origin. 4. Information and Reports—The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to WSDOT or the USDOT as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance—In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including,but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation,termination,or suspension of the contract, in whole or in part Page 8 April 2014 6. Incorporation of Provisions—The contractor shall include the provisions of paragraphs(1)through(5) in every subcontract, including procurement of materials and leases of equipment,unless exempt by the Regulations, or directives issued pursuant thereto.The contractor shall take such action with respect to any sub- contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,however,that in the event a contractor becomes involved in,or is threatened with, litigation with a sub-contractor or supplier as a result of such direction,the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition,the contractor may request the USDOT enter into such litigation to protect the interests of the United States. April 2014 Page 9 Appendix 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon,or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE,Department of Transportation,as authorized by law, and upon the condition that the state of Washington will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23,United States Code,the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and,also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,Department of Transportation, Subtitle A,the Department of Transportation WSDOT(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d-4)does hereby remise,release,quitclaim, and convey unto the state of Washington all the right,title,and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Washington,and its successors forever, subject,however,to the covenants,conditions, restrictions and reservations herein contained as follows,which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Washington, its successors, and assigns. The state of Washington, in consideration of the conveyance of said lands and interests in lands,does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,that(1)no person shall on the grounds of race,color, sex or national origin, be excluded from participation in,be denied the benefits of,or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed(,)(and)* (2)that the state of Washington, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49,Code of Federal Regulations,Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Non-Discrimination of Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964,and as said Regulations may be amended(,)and(3)that in the event of breach of any of the above mentioned nondiscrimination conditions,the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction. Page 10 April 2014 Appendix 3 The following clauses shall be included in all transportation related deeds, licenses, leases,permits,or similar instruments entered into by(Recipient)pursuant to the provisions ofAssurance 8. The LESSEE, for himself or herself,his or her heirs,personal representatives, successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed,maintained,or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49,Code of Federal Regulations, Department of Transportation, Subtitle A,Office of the Secretary,Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants,the STATE shall have the right to terminate the lease,and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued. The following shall be included in all deeds, licenses, leases,permits,or similar agreements entered into by the Washington State Department of Transportation pursuant to the provisions of Assurance 8. The LESSEE, or himself or herself,his or her personal representatives, successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree as a covenant running with the land that(1)no person,on the grounds of race,color, sex,or national origin, shall be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination in the use of said facilities,(2)that in the construction of any improvements on,over or under such land and furnishing of services thereon,no person on the grounds of race,color, sex, and national origin shall be excluded from participation in, denied the benefits of,or otherwise be subjected to discrimination, (3)that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49,Code of Federal Regulations,Department of Transportation, Subtitle A,Office of the Secretary, Part 21,Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants,the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon,and hold the same as if said lease had never been made or issued. 1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. April 2014 Page 11 ATTACHMENT 1 Mason County's Title VI Program Organizational Chart— Reporting Relationships County Commissioners Chair Chief Executive Officer i Support Services _ Support Services Manager - Prosecuting Attorneys Office HR/Risk Manager Title VI Coordinator Administrative Support to Compl aint Investigation the Support Services _ anager Public Works Director Title VI Specialist County Engineer Engineering&Construction Road Operations& Public Works j Tech.Serv. Manager Manager Maintenance Manage _Office Administrator Transportation planning, Transportation Design & Transportation Maintenance Administrative Division Traffic Operations, Construction &Operations Assistant to the PW Director Environmental Services and Title VI Specialist Title VI Specialist and County Engineer Right of Way Title VI Specialist Title VI Specialist CHIEF EXECUTIVE OFFICER: Signs the Title VI Agreement, annual reports and policy statement that is circulated throughout the County organization and published on the County website. TITLE VI COORDINATOR The County expert on the Title VI Program and Plan. Plays a lead and participatory role in the development and implementation of the FHWA Title VI Compliance Program countywide; ensuring compliance with provisions of the County's policy of non-discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part 21. Providing adequate training opportunities for applicable staff. PUBLIC WORKS DIRECTOR Understand the application of Title VI to their respective program areas and are responsible for ensuring Title VI compliance in their respective divisions through policy development, procedures, and monitoring. Providing the Title VI Coordinator with information for the annual report of Title VI accomplishments and upcoming goals including program update that reflects project, organizational, policy and inclusion in the annual Title VI Program Plan update. TITLE VI SPECIALISTS Department areas that are subject to receiving federal assistance through grants or other types of transportation related funding, or are responsible for implementing Agency directives and policies to ensure civil rights compliance and equal opportunity.The Specialists works with the Public Works Director and County Engineer to ensure their respective division's programs comply with Title VI regulations and assurances, meet the objectives of the Title VI Plan, meet federal and state reporting requirements, Each of the Specialists will maintain data relative to their respective special emphasis program area. Information is compiled for reporting requirements. Attachment 2 Major Transportation Programs & Activities and Title VI Responsibilities Mason County provides a range of transportation services including several ongoing programmatic programs, numerous Capital Projects,and coordination with State, City,Tribal, and other entities. At any given time, projects may include roadway and/or pedestrian/safety improvement projects; larger projects are often preceded by pre-design studies. Active projects can be viewed on the County webpage at http://www.co.mason.wa.us/public-works/projects/index.php and the current 6-year Transportation Improvement Plan (TIP)can be viewed on the County Public Works page under 2019 Annual Construction and 2019 6-Year Tip http://www.co.mason.wa.us/PublicWorks . Following is a brief summary of major transportation programs/projects. Major • • Responsibility Guardrail Safety Improvement Projects Portable changeable message boards were This included two capital projects CRP#2007 and 2008 funded by FHWA used during the project to provide through the Highway Safety Improvement Program. The projects evaluated information. the needs for improvement, replacement,and new guardrail on Bear Creek • The Engineering and Construction Manager Dewatto and Arcadia Road to keep traffic, bicycles,and pedestrians safer oversees the project and the engineers and when traveling and constructed those improvements. inspectors who work on the projects and verifies appropriate Title VI language and assurances are included in contracts/solicitations.. Belfair Sidewalk (New Sidewalk Construction) • This project was presented through outreach This project,CRP#2009,constructed new sidewalk on Old Belfair Highway by County Staff and the TIP-CAP during the Six- between the HUB Center for Seniors and SR 300/01d Belfair Year Transportation Improvement Program Highway/Clifton Ln intersection.The purpose of this capital project was to process. further continue to work toward connecting sidewalk from the downtown • Portable changeable message boards were Belfair area to resources for the community, in this case to the HUB Center used during the project to provide for Seniors and other businesses along the frontage of Old Belfair Highway. information. • The Engineering and Construction Manager oversees the project and the engineers and inspectors who work on the projects and verifies appropriate Title VI language and assurances are included in contracts/solicitations. Traffic Safety Improvements Program • Individual projects have outreach when This project was funded by FHWA through the HSIP program and includes appropriate and are project specific. data collection on all county roadways. Data collected includes horizontal and vertical curve data,shoulder slopes, photography,and other data that will be used to complete future safety plans. This plan will be used to help prioritize safety projects on a needs basis to improve safety for all of the Mason County community. Major Programs Projects Title VI Responsibility Annual Road Surface Maintenance Program • Portable changeable message boards were Mason County PW Annual Road Surface Maintenance Program (Pavement used during the project to provide Preservation)consists of contracted hot mix asphalt(HMA)overlays,and information. bituminous surface treatment(BST)application by county forces.The list of Road lists are provided online each year candidate roads for these programs are generated by federal functional • Operations and Maintenance Managers and class, road rating data(pavement condition Index),visual inspection and and Supervisors oversee and inspect BST staff input.The Transportation Improvement Program-Citizen Advisory applications made by county forces. Panel also reviews and advises on pavement preservation road lists. HMA • The Engineering and Construction Manager overlays and BST applications are made on collector roads to add structure oversees the overlay project and the engineers or extend the life cycle of HMA. BST applications are also used to preserve and inspectors who work on the projects collectors and local access roads by sealing them to moisture and adding a verifies appropriate Title VI language and higher traction coefficient. assurances are included in contracts/solicitations. Culvert Replacement Projects • SEPA as applicable Mason County culvert replacement projects are typically fish barrier • Portable changeable message boards are used removal, lifecycle replacement,and flow control projects. during the project to provide information to the traveling public. ANNUAL UPDATE AND ACCOMPLISHMENT REPORT For agencies under 100,000 Mason County, WA (Name of Recipient) November 5, 2019 (Report Submission Date) May 1, 2018 — April 30, 2019 (Reporting Period) As stipulated in this agency's Title VI Program Non-Discrimination Agreement, WSDOT"s approval letter to that agreement, and WSDOT's Highways and Local Programs Local Agency Guidelines Manual (Chapter 28), the annual accomplishment and update report for the reporting period reflected above is hereby submitted. Current Chief Executive Officer: • Name: Kevin Shutty • Title: Chair Planning or Public Works Director: • Name: Loretta Swanson • Title: Public Works Director Title VI Coordinator: • Name: Frank Pinter • Title: Support Services Director SUBMITTED: Signature Typed/Printed Name Title Date OEO: Annual Report Form(revised December 2009) Annual Update and Accomplishment Report Population Under 100,000 Reference: WSDOT's Local Agency Guidelines Manual Chapter 28 1. Report any changes in the organizational structure since the last reporting period. (Example: New Title VI Coordinator, new planning or public works directors, etc). Chief Executive Officer is now Kevin Shutty(County Commissioner) and Jerry Hauth, Public Works Director, retired; Loretta Swanson was promoted to Public Works Director (New Organization Chart and NDA attached). • Report should identify the changes in the racial/gender composition of those persons involved in the transportation decision making, including planning and advisory staff. Changes in Organizational Structure since Last Reporting Period Name Gender/ Title Program Ethnicity Randy Neatherland Male/ Chair Elected to serves both the Commissioner Caucasian executive and the legislative duties —enacting and administers local ordinances. Approve budget and oversee spending. As Chair is the lead for presiding over board meetings and signs documents approved by all three Commissioners Kevin Shutty Male/ County Commissioner (See above) Chair Caucasian (Appointed as new Chair by Commission Jerry Hauth Male/ Public Works Director Responsible for all Department Retired Caucasian operations. Plans, organizes and directs public works activities. Responsible for public works budgets and reporting. Loretta Swanson Female/ Public Works Director (See above) Promoted Caucasian John Huestis Male/ County Engineer Plans, organizes and directs the Resigned Caucasian engineering and road maintenance activities within Public Works including design, construction, inspection, surveying, right-of-way acquisition, environmental permitting, budgeting and reporting. Diane Sheesley Female/ County Engineer (See above) Caucasian Jennifer Beierle Female/ Finance Manager Chief Fiscal Officer for all funds Resigned Caucasian within the Public Works Department. Participates in all major program management decisions which have fiscal implications. OEO: Annual Report Form (12/09) Annual Update and Accomplishment Report Population Under 100,000 Deborah Krumpols Female/ Finance Manager (See above) (Hired/Resigned) Caucasian Merrilee Kenyon Female/ Finance Manager (See above) (Promotion) Caucasian Aislyn Garner Female/ ER&R/Road Ops Division Lead for maintaining, (Hired) Caucasian Administrator tracking, researching, and reporting Equipment Rental and Revolving/ IT Fund data and providing customer service. Provides administrative support for Road Operations and ER&R. Charles Greninger Male/ Engineering Tech nvolved in traffic engineering such (Retired) Caucasian as traffic data collection relation, assessment of roadway pavement onditions, developing plans for intersection traffic flow, and data acquisition and report preparation for he County Road Administration Board. Tim Rhoades Male/ Engineering Tech III (See above) (Promoted) Caucasian Dale Fassio Male/ Teamster Operator Operates a variety of equipment (Retired) Caucasian and performs miscellaneous labor in support of construction, maintenance, or repair of county roads and shoulders, bridges, drainage systems, traffic and road signs, and engineering roject George Cates Male/ Teamster Operator (See above) (Retired) Caucasian Rafael Olivas Male/Hispanic Teamster Operator (See above) (Hired) Shawn Parker Male/ Teamster Operator (See above) (Hired) Caucasian Tony Dickinson Male/ Teamster Operator (See above) (Resigned) Caucasian Jim Pharris Male/ Teamster Truck Driver Operates a variety of trucks and (Fired) Caucasian performs miscellaneous labor in support of construction, maintenance, or repair of county roads and shoulders, bridges, drainage systems, traffic and road signs, and engineering projects. OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Brandon Anderson Male/ Teamster Truck Driver (See above) (Hired) Caucasian Dawn Dady Female/ Financial Analyst IV May 2018 (Hired) Caucasian Jonathan Peterson Male/ Engineer Responsible for all types of Public (Resigned) Caucasian Works projects from design conception through completion of construction. Jason Wells Male/ GIS Analyst Lead support position for (Resigned) Caucasian Geographic Information System (GIS) Division. Michael Leeberg Male/ Sign Shop Foreman Lead Fabricates, installs and (Promoted) Caucasian maintains road signs throughout county road system. • If no changes have been made, please indicate that accordingly. 2. Using the most current data available (through Census or Washington State Office of Financial Management), describe the demographics within your jurisdiction. Demographics: ,r Population The estimated population on the United States Census Bureau, as of July 1, 2018, shows that Mason County's - e population would be 65,507. This is an increase estimated at 7.9% since the last Census done April 1, 2010 that was 60,699. Male/Female ratio in Mason County is 52% Male(34,064)and 48% Female (31,443); with 5.3% of the population under 5-years of age, 19.4% under 18 and 22.8% 65 and over. Racial groups within the population are broke down into seven (7)groups, see chart below: OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Mason County Population White 52,405 ■Black or African Amer.655 a Hispanic 6,550 ■Asian 655 ■Native Amer.3,275 a Native Hawiian and Pacificlslander 655 2 or more Races 2,620 1% 1% 4% 1% 1% The income and poverty in Mason County, data from the QuickFacts data off the Census website, shows a median household income (2013-2017)of$53,087 with 14.5% of the population below poverty. a. Describe any required Title VI activities and/or studies conducted that provided data relative to minority persons, neighborhoods, income levels, physical environment, and travel habits. There were no Title VI activities and or studies conducted during this report period. b. How was the information utilized or Title VI provisions and needs applied in each study or activity? Not applicable. 3. List any Public outreach activities during the reporting period such as, public announcements and/or communications for meetings, hearings, project notices. Include the following: a. How were special language needs assessed? List the special language needs assessments conducted. There were no special language assessments during this report period. b. What outreach efforts did you utilize to ensure that minority, women, low-income, and LEP population groups were provided equal opportunity to participate in those outreach activities. (Examples: provided materials in other languages, met with local social services agencies, advertised in a minority publication). Public Information regarding Public Works projects are approved at County Board Meetings. Agendas, notices and minutes of all meetings are available on the County website: www.co.mason.wa.us—Special accommodations for persons with disabilities or who use English as a second language that attend or sign up to speak at a meeting can be requested by contacting the County Clerk in advance of meetings. The Public Works County webpage provides information on active and upcoming project (Annual and Six-Year Transportation Improvement Program). The County Facebook page has doubled in followers in just one year, with 1,251 (last year was 625). OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 We have used the page to provide information on projects, road closures and other departmental impacts to the citizens of Mason County. Other outreach efforts include mailings, local news, radio stations, local newspaper, and portable changeable message boards or signs. Transportation Improvement Program-Citizen Advisory Panel (TIP-CAP) meets monthly and is open to the Community. TIP-CAP and Mason County Staff also hosted three public outreach forums (March 26, 2018 - Belfair, April 25, 2018 -Hoodsport and May 23, 2018—Shelton (flyers attached as Exhibit—A). These forums were held to gather community input on transportation project and improvement needs and ideas. April 12, 2019 County Engineer spoke at the Harstine Island Community Club, upon request of the club members, to discuss the upcoming Harstine Island Bridge parade and public works projects. The County has a link related to non-discrimination and the County's complaint process that can be found on the Public Works and the Human Resource webpages. This link can be found at the following link: www.co.mason.wa.us/public-works/title-VI c. List the special language services provided—note the professional language service provided including the name of the service, date provided, number of persons served, and any other relevant information. None d. List any costs incurred for translations and interpreters for each activity. No costs incurred during this reporting period. 4. List all the transportation related contracts (Federal and others)that were executed during the reporting period. (Please include construction, consultant agreements for planning, design, engineering, environmental, research, maintenance, etc.) • Include dollar value of each Contract Contract Dollar Value Contractor/Consultant Name or Type County Forces 2018 HMA OVERLAY $1,215.861.53 MILES RESOURCES CRP 1970 CONSTRUCTION MATLOCK BRADY $1,935,948.70 ROGNLIN'S, INC. CRP 2007/2008 SAFETY $509,303.84 PETERSON BROTHERS, INC. CRP 2009— CONSTRUCTION BELFAIR SIDEWALK $160,915.00 ROGNLIN'S, INC. 2019 ASPHALT MATERIAL ON GOING ALBINA ASPHALT EMULSION 2019 CHIP SEAL MATERIAL $145,837.35 GORDY BAGNELL TRUCKING 2019 CULVERT MATERIAL- MATERIAL $397,598.28 CONTECH SOLUTIONS, INC. FOOTING ONLY 530 SAFETY DATA DATA ONLY $126,548.00 IMS INFRASTRUCTURE, CONSULT. COLLECTION TASK 4 SKOK CONSULT $50,000.00 LANDAU ASSOCIATE, CONSULT. RESTORATION BEAR CRK CULTURAL $7,987.07 WILLAMETTE CULTURAL, DEWATTO RD RESOURCECONSULT. OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 • Other than advertising in your local legal publication, what outreach was made to DMWBE firms that a contracting opportunity existed within your agency? Mason County advertises publications in the local legal newspaper(Shelton-Mason County Journal), along with the Builders Exchange and Daily Journal of Commerce in Seattle. The County has a membership with MRSC, which provides the County with a database of registered businesses for small public works construction projects, consulting opportunities and contracting of goods and services. These rosters are advertised once a year to promote all business to register for project opportunities. • Identify the DMWBE contracts that were awarded and their dollar amount. 1. Safety Contract—CRP 2007/2008— DBE was TSD Flagging &Traffic Control — Goal 7%-Amount $36,000. 2. 2018 HMA—CRP 2012/2013— DBE- Dirt&Aggregate Interchange, Inc— Goal 8%-Amount: $94,900.00 (Exhibit B is Notice to Planholders with nondiscrimination requirements and required federal aid provisions) • Is there a Title VI Non-Discrimination statement included in all contracts and public notices? Yes, all contracts in the Public Works have a Title VI Non-Discrimination statement (COPY of statement in Public Works Contracts in Exhibit C) • How did your organization ensure that minority, women, and disadvantaged firms were provided equal opportunity to participate in the contracting arena? The County invites minorities, women and disadvantaged firms to register for one or more of the County's MRSC consultant, small works and vendor rosters that we use to advertise or select contractors, consultants and vendors for Public Works and other County projects. Larger projects are advertised on the Builders Exchange website, the Shelton-Mason County Journal and the Seattle Daily Journal of Commerce, which also ensure equal opportunity to all firms. 5. Summarize any transportation projects that identify potential impacts to minority and/or low- income Environmental Justice (EJ) populations (i.e., impacts such as displacements, increased noise, bisecting neighborhoods, et al). Note the following: • How impacts were minimized/mitigated. The projects completed in the reporting period did not have impacts such as displacement, increased noise, and/or bisecting neighborhoods; all projects have been improvements, repairs, or replacement of existing transportation infrastructures. Below is the EJ Population from the largest project during this reporting period, Matlock-Brady Road Realignment project (CRP 1970). OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Low Income population _-- Minority population ' Also include a statement, if applicable, on projects that specifically benefit community cohesion such as: adding sidewalks, improving access to properties that improve access for EJ populations. CRP 2009 Belfair Sidewalk added sidewalk in the Belfair Community. 6. If Right of Way has been acquired for a transportation project, please describe: • Identify the number of minority, low-income, elderly and disabled persons affected. For CRP 1970, Matlock Brady construction project, there was one elderly property owner that we purchased right of way from. The property before Mason County purchased the ROW for the project was 127 acres. Mason County purchased 2.02 acres. • The efforts that were made to address Limited English Proficiency issues (including use and cost of translators, outreach efforts for each reported activity). N/A • Describe any concerns raised by minorities and women regarding appraisals, negotiations, relocation assistance, and payments. What actions were taken to resolve those issues? N/A 7. List and describe any Title VI related complaints, as a result of transportation activities and projects. Include: • What was the allegation or concern? No Title VI related complaints were received by Mason County during this reporting period. Mason County's Title VI Information, documents, complaint form and instructions can be found on line at: htp://www.co.mason.wa.us/public-works/title- VI.php and a link is present on the County Human Resources webpage The Title VI Coordinator handles all complaints,within the Support Services Department, in consultation with the County's WSDOT EEO investigator and Prosecuting Attorney's Office for complains against the Mason County Public Works Department,that include federal funding. • Procedures used: N/A • Action taken: N/A • Resolution: N/A OEO: Annual Report Form(12/09) Exhibit A TIP-CAP Community Outreach Forum Date and Time: Monday, March 26, 7:00 PM Place:The HUB Center for Seniors (111 NE Old Belfair Hwy) The North Mason Community Voice and the North Mason Chamber of Commerce are hosting a Transportation Improvement Project Citizen Advisory Panel (TIP-CAP) community outreach forum.They hope to gather public input on county projects, safety issues and general transportation needs in Belfair and Mason County.Your input will help prioritize their projects. Public involvement is vital to their mission, and TIP-CAP members, as well as our county commissioner and Public Works representatives, will be attending to hear from YOU. V r" it The HUB Center for Seniors I We want to 1p �_ . hear �• :.f" you ! 3�o you have an i ea for � transportation r.. • • TIP-CAP COMMUNITY OUTREACH ! you knowof , FORUM transportationproblem Mason • • - Mason County Commissioners that needsfixing? created a citizen advisory panel (TIP-CAP) to gather community input on transportation projects and needs. FOR MORE INFORMATION Join us to learn more and share WrvV.co:mason:rrra:u ` ac ip- your transportation improvement cap/index ideas. Loretta Swanson Wednesday., ` • 1 01. io 1 . ' 6:00 7:00 iot • • • . . TimberlandDave Smith 41 • . • • • . • • • ` 98548 dns `h@co.masori: . { 04 TIP-CAP COMMUNITY OUTREACH ' 11 fill I FORUM . • - www.co.mason.wa.us/ac/ Mason County Commissioners created a citizen advisory tip-cap/community- panel (TIP-CAP) to outreach.php gather community input on ........ . . transportation projects and needs. FOR MORE INFORMATION visit .loin us to learn more and share your transportation improvement www.co.mason.wa.us/ac/ ideas. tip-cap/index • • � • 1 • f 1 • !g = lorettas@co.mason.wams J. dnsmith@co.mason.wams Exhibit B 1 The Federal wage rates incorporated in this contract have been established by the 2 Secretary of Labor under United States Department of Labor General Decision No. 3 WA180001. 4 5 The State rates incorporated in this contract are applicable to all construction 6 activities associated with this contract. 7 8 Requirements for Nondiscrimination 9 10 Section 1-07.11 is supplemented with the following: 11 12 (April 2, 2018) 13 Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive 14 Order 11246) 15 16 1. The Contractor's attention is called to the Equal Opportunity Clause and the 17 Standard Federal Equal Employment Opportunity Construction Contract 18 Specifications set forth herein. 19 20 2. The goals and timetables for minority and female participation set by the Office of 21 Federal Contract Compliance Programs, expressed in percentage terms for the 22 Contractor's aggregate work force in each construction craft and in each trade on 23 all construction work in the covered area, are as follows: 24 25 Women -Statewide 26 27 Timetable Goal 28 29 Until further notice 6.9% 30 Minorities - by Standard Metropolitan Statistical Area (SMSA) 31 32 Spokane, WA: 33 SMSA Counties: 34 Spokane, WA 2.8 35 WA Spokane. 36 Non-SMSA Counties 3.0 37 WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA 38 Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. 39 40 Richland, WA 41 SMSA Counties: 42 Richland Kennewick, WA 5.4 43 WA Benton; WA Franklin. 44 Non-SMSA Counties 3.6 45 WA Walla Walla. 46 2018 MASON COUNTY OVERLAY 20 1 Yakima, WA: 2 SMSA Counties: 3 Yakima, WA 9.7 4 WA Yakima. 5 Non-SMSA Counties 7.2 6 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. 7 8 Seattle, WA: 9 SMSA Counties: 10 Seattle Everett, WA 7.2 11 WA King; WA Snohomish. 12 Tacoma, WA 6.2 13 WA Pierce. 14 Non-SMSA Counties 6.1 15 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; 16 WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA 17 Thurston; WA Whatcom. 18 19 Portland, OR: 20 SMSA Counties: 21 Portland, OR-WA 4.5 22 WA Clark. 23 Non-SMSA Counties 3.8 24 WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. 25 26 These goals are applicable to each nonexempt Contractor's total on-site 27 construction workforce, regardless of whether or not part of that workforce is 28 performing work on a Federal, or federally assisted project, contract, or subcontract 29 until further notice. Compliance with these goals and time tables is enforced by the 30 Office of Federal Contract compliance Programs. 31 32 The Contractor's compliance with the Executive Order and the regulations in 41 33 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity 34 Clause, specific affirmative action obligations required by the specifications set 35 forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority 36 and female employment and training must be substantially uniform throughout the 37 length of the contract, in each construction craft and in each trade, and the 38 Contractor shall make a good faith effort to employ minorities and women evenly on 39 each of its projects. The transfer of minority or female employees or trainees from 40 Contractor to Contractor or from project to project for the sole purpose of meeting 41 the Contractor's goal shall be a violation of the contract, the Executive Order and 42 the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured 43 against the total work hours performed. 44 45 3. The Contractor shall provide written notification to the Office of Federal Contract 46 Compliance Programs (OFCCP) within 10 working days of award of any 47 construction subcontract in excess of$10,000 or more that are Federally funded, at 48 any tier for construction work under the contract resulting from this solicitation. The 49 notification shall list the name, address and telephone number of the 50 Subcontractor; employer identification number of the Subcontractor; estimated 51 dollar amount of the subcontract; estimated starting and completion dates of the 2018 MASON COUNTY OVERLAY 21 1 subcontract; and the geographical area in which the contract is to be performed. 2 The notification shall be sent to: 3 4 U.S. Department of Labor 5 Office of Federal Contract Compliance Programs Pacific Region 6 Attn: Regional Director 7 San Francisco Federal Building 8 90-7 th Street, Suite 18-300 9 San Francisco, CA 94103(415) 625-7800 Phone 10 (415) 625-7799 Fax 11 12 Additional information may be found at the U.S. Department of Labor website: 13 https://www.dol.gov/ofccp/regs/compliance/preaward/cnstnote.htm 14 15 4. As used in this Notice, and in the contract resulting from this solicitation, the 16 Covered Area is as designated herein. 17 18 Standard Federal Equal Employment Opportunity Construction Contract Specifications 19 (Executive Order 11246) 20 21 1. As used in these specifications: 22 23 a. Covered Area means the geographical area described in the solicitation 24 from which this contract resulted; 25 26 b. Director means Director, Office of Federal Contract Compliance Programs, 27 United States Department of Labor, or any person to whom the Director 28 delegates authority; 29 30 c. Employer Identification Number means the Federal Social Security 31 number used on the Employer's Quarterly Federal Tax Return, U. S. 32 Treasury Department Form 941; 33 34 d. Minority includes: 35 36 (1) Black, a person having origins in any of the Black Racial Groups 37 of Africa. 38 39 (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person 40 of Mexican, Puerto Rican, Cuban, Central American, South 41 American, or other Spanish origin. 42 43 (3) Asian or Pacific Islander, a person having origins in any of the 44 original peoples of the Pacific rim or the Pacific Islands, the 45 Hawaiian Islands and Samoa. 46 47 (4) American Indian or Alaskan Native, a person having origins in 48 any of the original peoples of North America, and who maintain 49 cultural identification through tribal affiliation or community 50 recognition. 51 2018 MASON COUNTY OVERLAY 22 1 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion 2 of the work involving any construction trade, it shall physically include in each 3 subcontract in excess of $10,000 the provisions of these specifications and the 4 Notice which contains the applicable goals for minority and female participation and 5 which is set forth in the solicitations from which this contract resulted. 6 7 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan 8 approved by the U.S. Department of Labor in the covered area either individually 9 or through an association, its affirmative action obligations on all work in the Plan 10 area (including goals and timetables) shall be in accordance with that Plan for 11 those trades which have unions participating in the Plan. Contractors must be able 12 to demonstrate their participation in and compliance with the provisions of any such 13 Hometown Plan. Each Contractor or Subcontractor participating in an approved 14 Plan is individually required to comply with its obligations under the EEO clause, 15 and to make a good faith effort to achieve each goal under the Plan in each trade in 16 which it has employees. The overall good faith performance by other Contractors 17 or Subcontractors toward a goal in an approved Plan does not excuse any covered 18 Contractor's or Subcontractor's failure to take good faith effort to achieve the Plan 19 goals and timetables. 20 21 4. The Contractor shall implement the specific affirmative action standards provided in 22 paragraphs 7a through 7p of this Special Provision. The goals set forth in the 23 solicitation from which this contract resulted are expressed as percentages of the 24 total hours of employment and training of minority and female utilization the 25 Contractor should reasonably be able to achieve in each construction trade in 26 which it has employees in the covered area. Covered construction contractors 27 performing construction work in geographical areas where they do not have a 28 Federal or federally assisted construction contract shall apply the minority and 29 female goals established for the geographical area where the work is being 30 performed. The Contractor is expected to make substantially uniform progress in 31 meeting its goals in each craft during the period specified. 32 33 5. Neither the provisions of any collective bargaining agreement, nor the failure by a 34 union with whom the Contractor has a collective bargaining agreement, to refer 35 either minorities or women shall excuse the Contractor's obligations under these 36 specifications, Executive Order 11246, or the regulations promulgated pursuant 37 thereto. 38 39 6. In order for the nonworking training hours of apprentices and trainees to be counted 40 in meeting the goals, such apprentices and trainees must be employed by the 41 Contractor during the training period, and the Contractor must have made a 42 commitment to employ the apprentices and trainees of the completion of their 43 training, subject to the availability of employment opportunities. Trainees must be 44 trained pursuant to training programs approved by the U.S. Department of Labor. 45 46 7. The Contractor shall take specific affirmative actions to ensure equal employment 47 opportunity. The evaluation of the Contractor's compliance with these 48 specifications shall be based upon its effort to achieve maximum results from its 49 action. The Contractor shall document these efforts fully, and shall implement 50 affirmative action steps at least as extensive as the following: 51 2018 MASON COUNTY OVERLAY 23 1 a. Ensure and maintain a working environment free of harassment, 2 intimidation, and coercion at all sites, and in all facilities at which the 3 Contractor's employees are assigned to work. The Contractor, where 4 possible, will assign two or more women to each construction project. The 5 Contractor shall specifically ensure that all foremen, superintendents, and 6 other on-site supervisory personnel are aware of and carry out the 7 Contractor's obligation to maintain such a working environment, with 8 specific attention to minority or female individuals working at such sites or 9 in such facilities. 10 11 b. Establish and maintain a current list of minority and female recruitment 12 sources, provide written notification to minority and female recruitment 13 sources and to community organizations when the Contractor or its unions 14 have employment opportunities available, and maintain a record of the 15 organizations' responses. 16 17 c. Maintain a current file of the names, addresses and telephone numbers of 18 each minority and female off-the-street applicant and minority or female 19 referral from a union, a recruitment source or community organization and 20 of what action was taken with respect to each such individual. If such 21 individual was sent to the union hiring hall for referral and was not referred 22 back to the Contractor by the union or, if referred, not employed by the 23 Contractor, this shall be documented in the file with the reason therefor, 24 along with whatever additional actions the Contractor may have taken. 25 26 d. Provide immediate written notification to the Director when the union or 27 unions with which the Contractor has a collective bargaining agreement 28 has not referred to the Contractor a minority person or woman sent by the 29 Contractor, or when the Contractor has other information that the union 30 referral process has impeded the Contractor's efforts to meet its 31 obligations. 32 33 e. Develop on-the-job training opportunity and/or participate in training 34 programs for the area which expressly include minorities and women, 35 including upgrading programs and apprenticeship and trainee programs 36 relevant to the Contractor's employment needs, especially those programs 37 funded or approved by the U.S. Department of Labor. The Contractor 38 shall provide notice of these programs to the sources compiled under 7b 39 above. 40 41 f. Disseminate the Contractor's EEO policy by providing notice of the policy 42 to unions and training programs and requesting their cooperation in 43 assisting the Contractor in meeting its EEO obligations; by including it in 44 any policy manual and collective bargaining agreement; by publicizing it in 45 the company newspaper, annual report, etc.; by specific review of the 46 policy with all management personnel and with all minority and female 47 employees at least once a year; and by posting the company EEO policy 48 on bulletin boards accessible to all employees at each location where 49 construction work is performed. 50 51 g. Review, at least annually, the company's EEO policy and affirmative action 52 obligations under these specifications with all employees having any 2018 MASON COUNTY OVERLAY 24 1 responsibility for hiring, assignment, layoff, termination or other 2 employment decisions including specific review of these items with on-site 3 supervisory personnel such as Superintendents, General Foremen, etc., 4 prior to the initiation of construction work at any job site. A written record 5 shall be made and maintained identifying the time and place of these 6 meetings, persons attending, subject matter discussed, and disposition of 7 the subject matter. 8 9 h. Disseminate the Contractor's EEO policy externally by including it in any 10 advertising in the news media, specifically including minority and female 11 news media, and providing written notification to and discussing the 12 Contractor's EEO policy with other Contractors and Subcontractors with 13 whom the Contractor does or anticipates doing business. 14 15 i. Direct its recruitment efforts, both oral and written to minority, female and 16 community organizations, to schools with minority and female students 17 and to minority and female recruitment and training organizations serving 18 the Contractor's recruitment area and employment needs. Not later than 19 one month prior to the date for the acceptance of applications for 20 apprenticeship or other training by any recruitment source, the Contractor 21 shall send written notification to organizations such as the above, 22 describing the openings, screening procedures, and tests to be used in 23 the selection process. 24 25 j. Encourage present minority and female employees to recruit other 26 minority persons and women and where reasonable, provide after school, 27 summer and vacation employment to minority and female youth both on 28 the site and in other areas of a Contractor's work force. 29 30 k. Validate all tests and other selection requirements where there is an 31 obligation to do so under 41 CFR Part 60-3. 32 33 I. Conduct, at least annually, an inventory and evaluation of all minority and 34 female personnel for promotional opportunities and encourage these 35 employees to seek or to prepare for, through appropriate training, etc., 36 such opportunities. 37 38 m. Ensure that seniority practices, job classifications, work assignments and 39 other personnel practices, do not have a discriminatory effect by 40 continually monitoring all personnel and employment related activities to 41 ensure that the EEO policy and the Contractor's obligations under these 42 specifications are being carried out. 43 44 n. Ensure that all facilities and company activities are nonsegregated except 45 that separate or single-user toilet and necessary changing facilities shall 46 be provided to assure privacy between the sexes. 47 48 o. Document and maintain a record of all solicitations of offers for 49 subcontracts from minority and female construction contractors and 50 suppliers, including circulation of solicitations to minority and female 51 contractor associations and other business associations. 52 2018 MASON COUNTY OVERLAY 25 1 p. Conduct a review, at least annually, of all supervisors' adherence to and 2 performance under the Contractor's EEO policies and affirmative action 3 obligations. 4 5 8. Contractors are encouraged to participate in voluntary associations which assist in 6 fulfilling one or more of their affirmative action obligations (7a through 7p). The 7 efforts of a contractor association, joint contractor-union, contractor-community, or 8 other similar group of which the Contractor is a member and participant, may be 9 asserted as fulfilling any one or more of the obligations under 7a through 7p of this 10 Special Provision provided that the Contractor actively participates in the group, 11 makes every effort to assure that the group has a positive impact on the 12 employment of minorities and women in the industry, ensure that the concrete 13 benefits of the program are reflected in the Contractor's minority and female work- 14 force participation, makes a good faith effort to meet its individual goals and 15 timetables, and can provide access to documentation which demonstrate the 16 effectiveness of actions taken on behalf of the Contractor. The obligation to 17 comply, however, is the Contractor's and failure of such a group to fulfill an 18 obligation shall not be a defense for the Contractor's noncompliance. 19 20 9. A single goal for minorities and a separate single goal for women have been 21 established. The Contractor, however, is required to provide equal employment 22 opportunity and to take affirmative action for all minority groups, both male and 23 female, and all women, both minority and non-minority. Consequently, the 24 Contractor may be in violation of the Executive Order if a particular group is 25 employed in substantially disparate manner (for example, even though the 26 Contractor has achieved its goals for women generally, the Contractor may be in 27 violation of the Executive Order if a specific minority group of women is 28 underutilized). 29 30 10. The Contractor shall not use the goals and timetables or affirmative action 31 standards to discriminate against any person because of race, color, religion, sex, 32 or national origin. 33 34 11. The Contractor shall not enter into any subcontract with any person or firm 35 debarred from Government contracts pursuant to Executive Order 11246. 36 37 12. The Contractor shall carry out such sanctions and penalties for violation of these 38 specifications and of the Equal Opportunity Clause, including suspensions, 39 terminations and cancellations of existing subcontracts as may be imposed or 40 ordered pursuant to Executive Order 11246, as amended, and its implementing 41 regulations by the Office of Federal Contract Compliance Programs. Any 42 Contractor who fails to carry out such sanctions and penalties shall be in violation 43 of these specifications and Executive Order 11246, as amended. 44 45 13. The Contractor, in fulfilling its obligations under these specifications, shall 46 implement specific affirmative action steps, at least as extensive as those 47 standards prescribed in paragraph 7 of this Special Provision, so as to achieve 48 maximum results from its efforts to ensure equal employment opportunity. If the 49 Contractor fails to comply with the requirements of the Executive Order, the 50 implementing regulations, or these specifications, the Director shall proceed in 51 accordance with 41 CFR 60-4.8. 52 2018 MASON COUNTY OVERLAY 26 1 14. The Contractor shall designate a responsible official to monitor all employment 2 related activity to ensure that the company EEO policy is being carried out, to 3 submit reports relating to the provisions hereof as may be required by the 4 government and to keep records. Records shall at least include, for each 5 employee, their name, address, telephone numbers, construction trade, union 6 affiliation if any, employee identification number when assigned, social security 7 number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), 8 dates of changes in status, hours worked per week in the indicated trade, rate of 9 pay, and locations at which the work was performed. Records shall be maintained 10 in an easily understandable and retrievable form; however, to the degree that 11 existing records satisfy this requirement, the Contractors will not be required to 12 maintain separate records. 13 14 15. Nothing herein provided shall be construed as a limitation upon the application of 15 other laws which establish different standards of compliance or upon the 16 application of requirements for the hiring of local or other area residents (e.g., those 17 under the Public Works Employment Act of 1977 and the Community Development 18 Block Grant Program). 19 20 16. Additional assistance for Federal Construction Contractors on contracts 21 administered by Washington State Department of Transportation or by Local 22 Agencies may be found at: 23 24 Washington State Dept. of Transportation 25 Office of Equal Opportunity 26 PO Box 47314 27 310 Maple Park Ave. SE 28 Olympia WA 29 98504-7314 30 Ph: 360-705-7090 31 Fax: 360-705-6801 32 hftp://www.wsdot.wa.gov/equalopportunity/default.htm 33 34 (April 3, 2018) 35 Disadvantaged Business Enterprise Participation 36 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and 37 LISDOT's official interpretations (i.e., Questions & Answers) apply to this Contract. 38 Demonstrating compliance with these Specifications is a Condition of Award (COA) of 39 this Contract. Failure to comply with the requirements of this Specification may result in 40 your Bid being found to be nonresponsive resulting in rejection or other sanctions as 41 provided by Contract. 42 43 DBE Abbreviations and Definitions 44 Broker — A business firm that provides a bona fide service, such as 45 professional, technical, consultant or managerial services and assistance in 46 the procurement of essential personnel, facilities, equipment, materials, or 47 supplies required for the performance of the Contract; or, persons/companies 48 who arrange or expedite transactions. 49 50 Certified Business Description — Specific descriptions of work the DBE is 51 certified to perform, as identified in the Certified Firm Directory, under the 52 Vendor Information page. 2018 MASON COUNTY OVERLAY 27 1 2 Certified Firm Directory — A database of all Minority, Women, and 3 Disadvantaged Business Enterprises, including those identified as a UDBE, 4 currently certified by Washington State. The on-line Directory is available to 5 Contractors for their use in identifying and soliciting interest from DBE firms. 6 The database is located under the Firm Certification section of the Diversity 7 Management and Compliance System web page at: 8 hftps://omwbe.diversitycompliance.com. 9 10 Commercially Useful Function (CUF) — 49 CFR 26.55(c)(1) defines 11 commercially useful function as: "A DBE performs a commercially useful 12 function when it is responsible for execution of the work of the contract and is 13 carrying out its responsibilities by actually performing, managing, and 14 supervising the work involved. To perform a commercially useful function, the 15 DBE must also be responsible, with respect to materials and supplies used on 16 the contract, for negotiating price, determining quality and quantity, ordering 17 the material, and installing (where applicable) and paying for the material itself. 18 To determine whether a DBE is performing a commercially useful function, you 19 must evaluate the amount of work subcontracted, industry practices, whether 20 the amount the firm is to be paid under the contract is commensurate with the 21 work it is actually performing and the DBE credit claimed for its performance of 22 the work, and other relevant factors." 23 24 Contract— For this Special Provision only, this definition supplements Section 25 1-01.3. 49 CFR 26.5 defines contract as: "... a legally binding relationship 26 obligating a seller to furnish supplies or services (including, but not limited to, 27 construction and professional services) and the buyer to pay for them. For 28 purposes of this part, a lease is considered to be a contract." 29 30 Disadvantaged Business Enterprise (DBE) —A business firm certified by the 31 Washington State Office of Minority and Women's Business Enterprises, as 32 meeting the criteria outlined in 49 CFR 26 regarding DBE certification. A 33 Underutilized Disadvantaged Business Enterprise (UDBE) firm is a subset of 34 DBE. 35 36 Force Account Work — Work measured and paid in accordance with Section 37 1-09.6. 38 39 Good Faith Efforts — Efforts to achieve the UDBE COA Goal or other 40 requirements of this part which, by their scope, intensity, and appropriateness 41 to the objective, can reasonably be expected to fulfill the program requirement. 42 43 Manufacturer (DBE) — A DBE firm that operates or maintains a factory or 44 establishment that produces on the premises the materials, supplies, articles, 45 or equipment required under the Contract. A DBE Manufacturer shall produce 46 finished goods or products from raw or unfinished material or purchase and 47 substantially alters goods and materials to make them suitable for construction 48 use before reselling them. 49 50 Regular Dealer(DBE) —A DBE firm that owns, operates, or maintains a store, 51 warehouse, or other establishment in which the materials or supplies required 52 for the performance of a Contract are bought, kept in stock, and regularly sold 2018 MASON COUNTY OVERLAY 28 1 to the public in the usual course of business. To be a Regular Dealer, the DBE 2 firm must be an established regular business that engages in as its principal 3 business and in its own name the purchase and sale of the products in 4 question. A Regular Dealer in such items as steel, cement, gravel, stone, and 5 petroleum products need not own, operate or maintain a place of business if it 6 both owns and operates distribution equipment for the products. Any 7 supplementing of regular dealers' own distribution equipment shall be by long- 8 term formal lease agreements and not on an ad-hoc basis. Brokers, 9 packagers, manufacturers' representatives, or other persons who arrange or 10 expedite transactions shall not be regarded as Regular Dealers within the 11 meaning of this definition. 12 13 Underutilized Disadvantaged Business Enterprise (UDBE) — A DBE Firm 14 that is underutilized based on WSDOT's Disparity Study.All UDBEs are DBEs. 15 16 UDBE Commitment—The dollar amount the Contractor indicates they will be 17 subcontracting to be applied towards the UDBE Condition of Award Goal as 18 shown on the UDBE Utilization Certification Form for each UDBE 19 Subcontractor. This UDBE Commitment amount will be incorporated into the 20 Contract and shall be considered a Contract requirement. Any changes to the 21 UDBE Commitment require the Engineer's approval. 22 23 UDBE Condition of Award (COA) Goal — An assigned numerical amount 24 specified as a percentage of the Contract. Initially, this is the minimum amount 25 that the Bidder must commit to by submission of the Utilization Certification 26 Form and/or by Good Faith Effort (GFE). This is also the minimum required 27 amount of UDBE participation specified as a percentage of the final Contract 28 amount inclusive of all change orders. 29 30 UDBE COA Goal 31 The Contracting Agency has established a UDBE COA Goal for this Contract in the 32 amount of: *** 8% '' 33 34 DBE Eligibility/Selection of DBEs 35 In order to determine the distinct element(s) of work for which a DBE is certified, 36 Contractors should refer to the Certified Business Description. The Contractor shall 37 not use NAICS codes on the UDBE Utilization Certification. 38 39 Crediting DBE Participation 40 Subcontractors proposed as COA must be certified prior to the due date for bids on 41 the Contract. All non-COA DBE Subcontractors shall be certified before the 42 subcontract on which they are participating is executed. 43 44 Be advised that although a firm is listed in the Certified Firm Directory, there are 45 cases where the listed firm is in a temporary suspension status. The Contractor 46 shall review the OMWBE Suspended DBE Firms list. A DBE firm that is included 47 on this list may not enter into new contracts that count towards participation. 48 49 DBE participation is only credited upon payment to the DBE. 50 51 The following are some definitions of what may be counted as DBE participation. 52 2018 MASON COUNTY OVERLAY 29 1 DBE Prime Contractor 2 Only take credit for that portion of the total dollar value of the Contract equal to 3 the distinct, clearly defined portion of the Work that the DBE Prime Contractor 4 performs with its own forces and is certified to perform. 5 6 DBE Subcontractor 7 Only take credit for that portion of the total dollar value of the subcontract that 8 is equal to the distinct, clearly defined portion of the Work that the DBE 9 performs with its own forces. The value of work performed by the DBE includes 10 the cost of supplies and materials purchased by the DBE and equipment 11 leased by the DBE, for its work on the contract. Supplies, materials or 12 equipment obtained by a DBE that are not utilized or incorporated in the 13 contract work by the DBE will not be eligible for DBE credit. 14 15 The supplies, materials, and equipment purchased or leased from the 16 Contractor or its affiliate, including any Contractor's resources available to 17 DBE subcontractors at no cost, shall not be credited. 18 19 DBE credit will not be given in instances where the equipment lease includes 20 the operator. The DBE is expected to operate the equipment used in the 21 performance of its work under the contract with its own forces. Situations 22 where equipment is leased and used by the DBE, but payment is deducted 23 from the Contractor's payment to the DBE is not allowed. 24 25 When the subcontractor is part of a UDBE Commitment, the following apply: 26 27 1. If a UDBE subcontracts a portion of the Work of its contract to another 28 firm, the value of the subcontracted Work may be counted toward the 29 UDBE COA Goal only if the Lower-Tier Subcontractor is also a UDBE. 30 31 2. Work subcontracted to a Lower-Tier Subcontractor that is a DBE, but 32 not a UDBE, may be counted as DBE race-neutral participation but not 33 counted toward the UDBE COA Goal. 34 35 3. Work subcontracted to a non-DBE does not count towards the UDBE 36 COA Goal nor DBE participation. 37 38 DBE Subcontract and Lower Tier Subcontract Documents 39 There must be a subcontract agreement that complies with 49 CFR Part 26 40 and fully describes the distinct elements of Work committed to be performed by 41 the DBE. The subcontract agreement shall incorporate requirements of the 42 primary Contract. Subcontract agreements of all tiers, including lease 43 agreements shall be readily available at the project site for the Engineer's 44 review. 45 46 DBE Service Provider 47 The value of fees or commissions charged by a DBE Broker, a DBE behaving 48 in a manner of a Broker, or another service provider for providing a bona fide 49 service, such as professional, technical, consultant, managerial services, or for 50 providing bonds or insurance specifically required for the performance of the 51 contract will only be credited as DBE participation, if the fee/commission is 2018 MASON COUNTY OVERLAY 30 1 determined by the Contracting Agency to be reasonable and the firm has 2 performed a CUF. 3 4 Force Account Work 5 When the Contractor elects to utilize force account Work to meet the UDBE 6 COA Goal, as demonstrated by listing this force account Work on the UDBE 7 Utilization Certification Form, for the purposes of meeting UDBE COA Goal, 8 only 50% of the Proposal amount shall be credited toward the Contractors 9 Commitment to meet the UDBE COA Goal. 10 11 One hundred percent of the actual amounts paid to the DBE for the force 12 account Work shall be credited towards UDBE COA Goal or DBE participation. 13 14 Temporary Traffic Control 15 If the DBE firm is being utilized in the capacity of only "Flagging", the DBE firm 16 must provide a Traffic Control Supervisor (TCS) and flagger, which are under 17 the direct control of the DBE. The DBE firm shall also provide all flagging 18 equipment(e.g. paddles, hard hats, and vests). 19 20 If the DBE firm is being utilized in the capacity of"Traffic Control Services", the 21 DBE firm must provide a TCS, flaggers, and traffic control items (e.g., cones, 22 barrels, signs, etc.) and be in total control of all items in implementing the 23 traffic control for the project. In addition, if the DBE firm utilizes the 24 Contractor's equipment, such as Transportable Attenuators and Portable 25 Changeable Message Signs (PCMS) no DBE credit can be taken for supplying 26 and operating the items. 27 28 Trucking 29 DBE trucking firm participation may only be credited as DBE participation for 30 the value of the hauling services, not for the materials being hauled unless the 31 trucking firm is also certified as a supplier. In situations where the DBE's work 32 is priced per ton, the value of the hauling service must be calculated 33 separately from the value of the materials in order to determine DBE credit for 34 hauling 35 36 The DBE trucking firm must own and operate at least one licensed, insured 37 and operational truck on the contract. The truck must be of the type that is 38 necessary to perform the hauling duties required under the contract. The DBE 39 receives credit for the value of the transportation services it provides on the 40 Contract using trucks it owns or leases, licenses, insures, and operates with 41 drivers it employs. 42 43 The DBE may lease additional trucks from another DBE firm. 44 45 The trucking Work subcontracted to any non-DBE trucking firm will not receive 46 credit for Work done on the project. The DBE may lease trucks from a non- 47 DBE truck leasing company, but can only receive credit towards DBE 48 participation if the DBE uses its own employees as drivers. 49 50 DBE credit for a truck broker is limited to the fee/commission that the DBE 51 receives for arranging transportation services. 52 2018 MASON COUNTY OVERLAY 31 1 Truck registration and lease agreements shall be readily available at the 2 project site for the Engineer review. 3 4 When Trucking is a UDBE Commitment, the following apply: 5 6 1. If the trucking firm is a UDBE, participation may count towards the 7 UDBE COA Goal. 8 9 2. The Work that a UDBE trucking firm performs with trucks it leases 10 from other certified UDBE trucking firms qualify for 100% credit 11 towards the UDBE COA Goal. 12 13 3. The UDBE may lease trucks from a non-UDBE truck leasing 14 company, but can only receive credit towards UDBE participation if 15 the UDBE uses its own employees as drivers. 16 17 DBE Manufacturer and DBE Regular Dealer 18 One hundred percent (100%) of the cost of the manufactured product obtained 19 from a DBE manufacturer can count as DBE participation. If the DBE 20 manufacturer is a UDBE, participation may count towards the UDBE COA 21 Goal. 22 23 Sixty percent (60%) of the cost of materials or supplies purchased from a DBE 24 Regular Dealer may be credited as DBE Participation. If the role of the DBE 25 Regular Dealer is determined to be that of a pass-through, then no DBE credit 26 will be given for its services. If the role of the DBE Regular Dealer is 27 determined to be that of a Broker, then DBE credit shall be limited to the fee or 28 commission it receives for its services. Regular Dealer status and the amount 29 of credit is determined on a Contract-by-Contract basis. If the DBE regular 30 dealer is a UDBE, participation may count towards the UDBE COA Goal. 31 32 Regular Dealer DBE firms, including UDBEs must be approved before being 33 used on a project. The WSDOT Approved Regular Dealer list published on 34 WSDOT's Office of Equal Opportunity (OEO) web site must include the 35 specific project for which approval is being requested. For purposes of the 36 UDBE COA Goal participation, the Regular Dealer must submit the Regular 37 Dealer Status Request form a minimum of five days prior to bid opening. 38 39 Purchase of materials or supplies from a DBE which is neither a manufacturer 40 nor a regular dealer, (i.e. Broker) only the fees or commissions charged for 41 assistance in the procurement of the materials and supplies, or fees or 42 transportation charges for the delivery of materials or supplies required on a 43 job site, can count as DBE participation provided the fees are not excessive as 44 compared with fees customarily allowed for similar services. Documentation 45 will be required to support the fee/commission charged by the DBE. The cost 46 of the materials and supplies themselves cannot be counted toward as DBE 47 participation. 48 49 Note: Requests to be listed as a Regular Dealer will only be processed if the 50 requesting firm is a material supplier certified by the Office of Minority 51 and Women's Business Enterprises in a NAICS code that falls within 52 the 42XXXX NAICS Wholesale code section. 2018 MASON COUNTY OVERLAY 32 1 2 Underutilized Disadvantaged Business Enterprise Utilization 3 The requirements of this section apply to projects with a UDBE COA Goal. To be 4 eligible for award of the Contract, the Bidder shall properly complete and submit an 5 Underutilized Disadvantaged Business Enterprise (UDBE) Utilization Certification 6 with the Bidder's sealed Bid Proposal, as specified in Section 1-02.9 Delivery of 7 Proposal. The Bidder's UDBE Utilization Certification must clearly demonstrate how 8 the Bidder intends to meet the UDBE COA Goal. A UDBE Utilization Certification 9 (WSDOT Form 272-056U) is included in the Proposal package for this purpose as 10 well as instructions on how to properly fill out the form. 11 12 The Bidder is advised that the items listed below when listed in the Utilization 13 Certification must have their amounts reduced to the percentages shown and those 14 reduced amounts will be the amount applied towards meeting the UDBE COA Goal. 15 16 Force account at 50% 17 Regular dealer at 60% 18 19 In the event of arithmetic errors in completing the UDBE Utilization Certification, the 20 amount listed to be applied towards the UDBE COA Goal for each UDBE shall 21 govern and the UDBE total amount shall be adjusted accordingly. 22 23 Note: The Contracting Agency shall consider as non-responsive and shall 24 reject any Bid Proposal submitted that does not contain a UDBE 25 Utilization Certification Form that accurately demonstrates how the 26 Bidder intends to meet the UDBE COA Goal. 27 28 Underutilized Disadvantaged Business Enterprise Written Confirmation 29 Document(s) 30 The requirements of this section apply to projects with a UDBE COA Goal. The 31 Bidder shall submit an Underutilized Disadvantaged Business Enterprise (UDBE) 32 Written Confirmation Document (completed and signed by the UDBE) for each 33 UDBE firm listed in the Bidder's completed UDBE Utilization Certification submitted 34 with the Bid. Failure to do so will result in the associated participation being 35 disallowed, which may cause the Bid to be determined to be nonresponsive 36 resulting in Bid rejection. 37 38 The Confirmation Documents provide confirmation from the UDBEs that they are 39 participating in the Contract as provided in the Contractor's Commitment. The 40 Confirmation Documents must be consistent with the Utilization Certification. 41 42 A UDBE Written Confirmation Document (WSDOT Form 422-031U) is included in 43 the Proposal package for this purpose. 44 45 The form(s) shall be received as specified in the special provisions for Section 1- 46 02.9 Delivery of Proposal. 47 48 It is prohibited for the Bidder to require a UDBE to submit a Written Confirmation 49 Document with any part of the form left blank. Should the Contracting Agency 50 determine that an incomplete Written Confirmation Document was signed by a 51 UDBE, the validity of the document comes into question. The associated UDBE 52 participation may not receive credit. 2018 MASON COUNTY OVERLAY 33 1 2 Selection of Successful Bidder/Good Faith Efforts (GFE) 3 The requirements of this section apply to projects with a UDBE COA Goal. The 4 successful Bidder shall be selected on the basis of having submitted the lowest 5 responsive Bid, which demonstrates a good faith effort to achieve the UDBE COA 6 Goal. The Contracting Agency, at any time during the selection process, may 7 request a breakdown of the bid items and amounts that are counted towards the 8 overall contract goal for any of the UDBEs listed on the UDBE Utilization 9 Certification. 10 11 Achieving the UDBE COA Goal may be accomplished in one of two ways: 12 13 1. By meeting the UDBE COA Goal 14 Submission of the UDBE Utilization Certification and supporting UDBE 15 Written Confirmation Document(s) showing the Bidder has obtained 16 enough UDBE participation to meet or exceed the UDBE COA Goal. 17 18 2. By documentation that the Bidder made adequate GFE to meet the UDBE 19 COA Goal 20 The Bidder may demonstrate a GFE in whole or part through GFE 21 documentation ONLY IN THE EVENT a Bidder's efforts to solicit sufficient 22 UDBE participation have been unsuccessful. The Bidder must supply GFE 23 documentation in addition to the UDBE Utilization Certification, and 24 supporting UDBE Written Confirmation Document(s). 25 26 Note: In the case where a Bidder is awarded the contract based on 27 demonstrating adequate GFE, the advertised UDBE COA Goal will not 28 be reduced. The Bidder shall demonstrate a GFE during the life of the 29 Contract to attain the advertised UDBE COA Goal. 30 31 GFE documentation shall be submitted as specified in Section 1-02.9. 32 33 The Contracting Agency will review the GFE documentation and will determine if 34 the Bidder made an adequate good faith effort. 35 36 Good Faith Effort(GFE) Documentation 37 GFE is evaluated when: 38 39 1. Determining award of a Contract that has COA goal, 40 41 2. When a COA UDBE is terminated and substitution is required, and 42 43 3. Prior to Physical Completion when determining whether the Contractor 44 has satisfied its UDBE commitments. 45 46 49 CFR Part 26,Appendix A is intended as general guidance and does not, in itself, 47 demonstrate adequate good faith efforts. The following is a list of types of actions, 48 which would be considered as part of the Bidder's GFE to achieve UDBE 49 participation. It is not intended to be a mandatory checklist, nor is it intended to be 50 exclusive or exhaustive. Other factors or types of efforts may be relevant in 51 appropriate cases. 52 2018 MASON COUNTY OVERLAY 34 1 1. Soliciting through all reasonable and available means (e.g. attendance at 2 pre-bid meetings, advertising and/or written notices) the interest of all 3 certified UDBEs who have the capability to perform the Work of the 4 Contract. The Bidder must solicit this interest within sufficient time to allow 5 the UDBEs to respond to the solicitation. The Bidder must determine with 6 certainty if the UDBEs are interested by taking appropriate steps to follow 7 up initial solicitations. 8 9 2. Selecting portions of the Work to be performed by UDBEs in order to 10 increase the likelihood that the UDBE COA Goal will be achieved. This 11 includes, where appropriate, breaking out contract Work items into 12 economically feasible units to facilitate UDBE participation, even when the 13 Contractor might otherwise prefer to perform these Work items with its 14 own forces. 15 16 3. Providing interested UDBEs with adequate information about the Plans, 17 Specifications, and requirements of the Contract in a timely manner to 18 assist them in responding to a solicitation. 19 20 a. Negotiating in good faith with interested UDBEs. It is the Bidder's 21 responsibility to make a portion of the Work available to UDBE 22 subcontractors and suppliers and to select those portions of the Work 23 or material needs consistent with the available UDBE subcontractors 24 and suppliers, so as to facilitate UDBE participation. Evidence of such 25 negotiation includes the names, addresses, and telephone numbers 26 of UDBEs that were considered; a description of the information 27 provided regarding the Plans and Specifications for the Work selected 28 for subcontracting; and evidence as to why additional agreements 29 could not be reached for UDBEs to perform the Work. 30 31 b. A Bidder using good business judgment would consider a number of 32 factors in negotiating with subcontractors, including DBE 33 subcontractors, and would take a firm's price and capabilities as well 34 as the UDBE COA Goal into consideration. However, the fact that 35 there may be some additional costs involved in finding and using 36 UDBEs is not in itself sufficient reason for a Bidder's failure to meet 37 the UDBE COA Goal, as long as such costs are reasonable.Also, the 38 ability or desire of a Contractor to perform the Work of a Contract with 39 its own organization does not relieve the Bidder of the responsibility to 40 make Good Faith Efforts. Contractors are not, however, required to 41 accept higher quotes from UDBEs if the price difference is excessive 42 or unreasonable. 43 44 4. Not rejecting UDBEs as being unqualified without sound reasons based 45 on a thorough investigation of their capabilities. The Contractor's standing 46 within its industry, membership in specific groups, organizations, or 47 associations and political or social affiliations (for example union vs. non- 48 union employee status) are not legitimate causes for the rejection or non- 49 solicitation of bids in the Contractor's efforts to meet the UDBE COA Goal. 50 51 5. Making efforts to assist interested UDBEs in obtaining bonding, lines of 52 credit, or insurance as required by the recipient or Contractor. 2018 MASON COUNTY OVERLAY 35 1 2 6. Making efforts to assist interested UDBEs in obtaining necessary 3 equipment, supplies, materials, or related assistance or services. 4 5 7. Effectively using the services of available minority/women community 6 organizations; minority/women contractors' groups; local, State, and 7 Federal minority/women business assistance offices; and other 8 organizations as allowed on a case-by-case basis to provide assistance in 9 the recruitment and placement of UDBEs. 10 11 8. Documentation of GFE must include copies of each UDBE and non-DBE 12 subcontractor quotes submitted to the Bidder when a non-DBE 13 subcontractor is selected over a UDBE for Work on the Contract. (ref. 14 updated DBE regulations—26.53(b)(2)(vi) &App.A) 15 16 Administrative Reconsideration of GFE Documentation 17 A Bidder has the right to request reconsideration if the GFE documentation 18 submitted with their Bid was determined to be inadequate. 19 20 The Bidder must request within 48 hours of notification of being 21 nonresponsive or forfeit the right to reconsideration. 22 23 The reconsideration decision on the adequacy of the Bidder's GFE 24 documentation shall be made by an official who did not take part in the 25 original determination. 26 27 Only original GFE documentation submitted as a supplement to the Bid 28 shall be considered. The Bidder shall not introduce new documentation at 29 the reconsideration hearing. 30 31 The Bidder shall have the opportunity to meet in person with the official for 32 the purpose of setting forth the Bidder's position as to why the GFE 33 documentation demonstrates a sufficient effort. 34 35 The reconsideration official shall provide the Bidder with a written decision 36 on reconsideration within five working days of the hearing explaining the 37 basis for their finding. 38 39 Procedures between Award and Execution 40 After Award and prior to Execution, the Contractor shall provide the additional 41 information described below. Failure to comply shall result in the forfeiture of the 42 Bidder's Proposal bond or deposit. 43 44 1. A UDBE Bid Item Breakdown is required which shall contain the following 45 information for all UDBEs as shown on the UDBE Utilization Certification: 46 47 a. Correct business name, federal employee identification number (if 48 available), and mailing address. 49 50 b. List of all Bid items assigned to each UDBE with a clear description of 51 Work to be performed for each Bid item and the dollar value of the 52 Work to be performed by the UDBE. 2018 MASON COUNTY OVERLAY 36 1 2 c. Description of partial items (if any) to be sublet to each UDBE 3 specifying the Work committed under each item to be performed and 4 including the dollar value of the UDBE portion. 5 6 d. Total amounts shown for each UDBE shall match the amount shown 7 on the UDBE Utilization Certification. A UDBE Bid Item Breakdown 8 that does not conform to the UDBE Utilization Certification or that 9 demonstrates a different amount of UDBE participation than that 10 included in the UDBE Utilization Certification will be returned for 11 correction. 12 13 2. A list of all firms who submitted a bid or quote in attempt to participate in 14 this project whether they were successful or not. Include the business 15 name and mailing address. 16 17 Note: The firms identified by the Contractor may be contacted by the 18 Contracting Agency to solicit general information as follows: age of the 19 firm and average of its gross annual receipts over the past three- 20 years. 21 22 Procedures after Execution 23 Commercially Useful Function (CUF) 24 The Contractor may only take credit for the payments made for Work 25 performed by a DBE that is determined to be performing a CUF. Payment must 26 be commensurate with the work actually performed by the DBE. This applies to 27 all DBEs performing Work on a project, whether or not the DBEs are COA, if 28 the Contractor wants to receive credit for their participation. The Engineer will 29 conduct CUF reviews to ascertain whether DBEs are performing a CUF.A DBE 30 performs a CUF when it is carrying out its responsibilities of its contract by 31 actually performing, managing, and supervising the Work involved. The DBE 32 must be responsible for negotiating price; determining quality and quantity; 33 ordering the material, installing (where applicable); and paying for the material 34 itself. If a DBE does not perform "all" of these functions on a furnish-and-install 35 contract, it has not performed a CUF and the cost of materials cannot be 36 counted toward UDBE COA Goal. Leasing of equipment from a leasing 37 company is allowed. However, leasing/purchasing equipment from the 38 Contractor is not allowed. Lease agreements shall be readily available for 39 review by the Engineer. 40 41 In order for a DBE traffic control company to be considered to be performing a 42 CUF, the DBE must be in control of its work inclusive of supervision. The DBE 43 shall employ a Traffic Control Supervisor who is directly involved in the 44 management and supervision of the traffic control employees and services. 45 46 The DBE does not perform a CUF if its role is limited to that of an extra 47 participant in a transaction, contract, or project through which the funds are 48 passed in order to obtain the appearance of DBE participation. 49 50 The following are some of the factors that the Engineer will use in determining 51 whether a DBE trucking company is performing a CUF: 52 2018 MASON COUNTY OVERLAY 37 Exhibit B (Continued) FHWA4273`,... Revised May 1,:2012: REQUIRED COiVTRACT PRON{SIONS, - EEDERAL AID:CONSTRUCTION Cb11ThACTS L.. General 3. A breach:o1 any of the,stipulations:contained in these: It. Nb ndiscrirnlnation Regwred.Eontract Provisions may be:suffictent grounds for III. Nonsegregated Factltkles vuithhoidhjg-of progress payments withholding of final r IV. Davis-Bacon and Related Act Provisions. payment,tertniraation ofithe pottUact,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other.aGion.detetmirled be appropriate by the Provisions. cAntrad7ng:agengy and.FIi4NA Vi. Subletting or Assigning the Contract VIL Safety_Accident Prevention 4;`Selection of LaborDtinng the.perforrhance,of this contract, VIII. False Statements.Concerning Highway Projects: the Contractor shall not_ilse convict:laborfor any purpose IX. Implementation 9f Clean Air Ad and:Federal:lNater withid the limas of a,.canOruetlon p1pi ori a:_ der -ald Pollution ControlAef: h ghtivay unless It is labor.perfonned Iiy convictsiOa.are on X: 4 oinpllance.with-Govemmentwide:Suspension and parole,supervised release;orprobation: Theaerm:Federai-aid Debarment Requirements highway does tint iA;.ude midways functiol<iralijr classified as XL GerEcatron - . Regarding Use of Contract:Funds for local roads or:rurala►7lrfor co11ec3ors. Lobbying; . ATTACHMENTS iL NONDISCRIMINATION A.Empbymeiit and Materials Preference foi-Appalacbian The.provisions of this secbon'�eiatedto.23 CFR Part-230 are Development Flighway System or AppalachtaR,LooalAccecs- applicable to all Federal-aid construction contracts_and to all Road ContracteS:(nduded'in Appalachiaw-ronfraclsonly) related.construction subcontracts of:$.f0 000 or.rrwra. The. provmIons`of 23 CFREart 230 are.rotcapplicabie>to material supply=engineering,oven hiteduralsoim- ce contracts. 'GENERAL irr addtbon,the contrt3ctor atid;all subcontrac ors.must comply 1..form FHiNA 1273mustt�e:physically:lncatporated in each With thefollowing polrcles..�tecutive Order 17246,41 CFR 60, �coristruchoh contract funded under-Title 23(excluding 29 CFR 1625-1827,Title23 USC Section 140,the Emergency i ntractslsoiely intendedfof ilebds removal}: The Rehabilitafio8 Act of 1973,as amended(29 USG 794),Tit10A contractor ocsubcontrac6 must insertthrs form in each of the Cnnl Rxlhts Act of 1964,as amended and related subcontract:andfurther r$gUireits inclusion[n all lower tier :b_,u..ding 49 CFR Parts 21;26 and 2T and 23 )FR;.. subcontracts{excluding purchase orders::n:ntal,agreements_ Parts206,2i0,:and 833_ and other agreements for supplies or services): The cd-"dtorand ailsubcontradors must comply with: the: The applicable requireinents of Form FHWA-1273 are requl__ients ofthe'6_q 1 Oppot#unityCiauseirt4l C} 60= incorporated.b re , ttoeforwork done under an urrfiase 1.,4 arid;for all construdro►i contracts.exceeding 4..4,00Q; y Y P Cbl order,:rental agreement or agreement for other services..Tfie the.Startdard Federal Equal C�nploymgntppportnny. prime.contractor shall be responsible for compliance by-any Construction;.Contract SPe0cabons-in41 Cl kltb 4.3. subcontractor,lower-tier subcontractor or service provider Note The U S Depattgre>lttof Labor has exdtu rye authority to Form FIiWPrT273►riustbe included in all Federal-aid design- deterrriinercorrapgattce wM E iecutive Order 11296 and 6. build:cgntracts rn allsybcontracts and in lower tier pofldes of tteSeotetary ofLabor mdudrng?I1 GFR60,and;29 subconEracts'(excluding sulibpnt[ads for design services, GFft 1 1627 Tile;riontracting ageliey and the FtlVl/4hav@ purchase orders rental ag b6melft and other agreements for the at�Iiority i nd1he responsibility to ensure cortipifance with supplies or sernces) _The delis-byDc7ershall be responsible Tide 23 USC Seetfort 140,the Rehabilitaaa7r Abtof 1973 as fbrpompliance by any su lcontractor IoweFhe_r subcontractor amended(29 USG 794,and Tdie Vt of tMe Chni Rights Act of ar_service provider. 1964,as amended,and related tea4tlatlon5 indltding49 Cff2 Parts.21,26 and 27 and 23 C A. - 23R,.aiid 633, Contracting agencies may reference.form fHWA<12i'3:1n bid proposal or request for proposal;tlocuments however;the The following provision is adopted from!23 CFR 230,Appendfz Fg 273 mus[m.ustbe p}aysiealty incorporated;(not A vr)tli appropriate roY#*ls.iq conferrn 10 the,U3 . referenced)In a®contrails,subcontracts:and lowertier Department of Labgr jl1S Di7Lj and F}3V1fA requirements, subcontracts(excludtr%purohase orders,:rentalagreements and other a reements for su Ges or seNices related to 1 E tfaf g pp q EmploymentOpprutunityEquefemploymeht construction contract). iopportunity(€.L=O re IN, not to dserKriioafe acid to _ e affirmative act(orFto aSSUre equal;oppottunityas set forth. i 2. 5ubied 4o the applicabritty criteria noted in the following. under laws executive ordenri rules .regulatrons.._�28 CFR'_35,_ sections,(hese confradprovisions shall apply to (I work 29-CFR-1630 29 GFR 1 25=1627;41 CFR 6Q and:49 CFR 27}: performed on the contrac(bythe contriidbft owobrganization and orders of the Secretaryoftabor as modified by.the and with the assistance of workers under the corrtractor's provisions prescribed herein;and Imposed pursuant to 23 immediate supetinte dorice and to ail work plsrfaiiried.nn the U S G 140 shall constrtule;ttie EEO:and specitiC affirmaiiVe contract by piecewurlt,statjon vrnrk;or bysu6contrac� actioni68ards-fgr#he:contracfors pro' activities under applicants.foY.eixiPloyrrrent_or:ixirrent employees:;Sucti efforts with the requirements for comply with the,Amencans_with should be aimed.-at developing full journey level status D.isabilibes Act and all,rulesand regulations estatifthed there employees,inihetypevftrade=.orjob classification involved. under F_rtiployersriisrst,00vrrlereasonableaccommodatign in all.eynploymentacfiir Ges;unlpss tP do so.would:cau se.an b..Consisterrtwifh the contractors work force requirements undue hardship_ and as pertnissible.underFederal and State regulations;ahe conthidbr shall rake-full qse of training programs;l:e.,. -9:'Selection ofSubcontra4tors,:Procurem ent of Materials ppn=nbceship and on-the job training:programs.fortfie and Leasing of:E�ytp arpWithe contractor shall not l geographic l:area of:contractperfnrmance. in the event a d scnminatebn tha,proupftf race,color,religion sex, special p itisjotifor mining Is:provided`under this contract, national origin ago.-6r.dlsabl*in the.selection and retention this;subparagraph wh be superseded as indicated in the of subcontractors,inclridirfg procurement of materials and special provision. The contractttig s9enCy may reserve .leases of egdlpment. The cpntractorshatl take all hecae3sor training positions for persons who recen(e welfare assistance ,and reasonable steps try e(tsure nondiacrroination intha. . in accordance with 23 U S.C..!4Q(a)'. r administration of this contract`: c. The contractor will adviseremployees and applicants.for a The:.contradorshall notify.aiGpotential subcontradors'arid employment of avalatileararrtirig progiamsand entrance. suppliers and lessors of theft EEO-pblk3aifons underthrs.. requirements.4oreach, contract d. The conhaetorwillperiodlcally-review the:training and bi.T-ie contractorwil.Wse:good faith.efforts_to ensure promotion potential of employees_.who are minorities and' sdboonb=Wr compllanee wiith their IEEO obtgadons. women and will encourage eligible employees toapply for such training andpromotlon.. io.:Assurainoe.Required Iiy49 CfR:2613(b).; 7.Unions:if the contractor.relies irr whole orin part upon unions as a source of employees tate,eontrador will use good a The49-C 'requirements of F. Part?8 and the State faith efforts to obtain the:doperatiori-of such unions to DOT's U;S,DOT-aj'provedf)B1t�f,M -reincorporaTed-by increase opportunitles'for minorities and women. Actions by reference.' - - - the contractor edherdirectly or through a contractor's association.actrng as agent,will include the procedures:set b The eontradororsubcontrac(orshall not-disc iWriateon` forth below the basm race,color national od4in,: i will notify the contracting officer the 3G dayperiod;that Bacon Act,the conitractoTshall maintain records-wh3cliShavr additional ti necessary, Ghat the commitment to provide such benefits is enforceable,. thAtthe ptaiOr program is financially responsible,artd that the (A)The wage rate(indudrng:frmgebcnefits where 'plan or program has been coriimunicated in writing tothe appropriMO)detegnined pursuantto par, raphs t'b{2j or- aaborers ormechanies affected and records which show the. 1.b(3)oflt t seciion;shall be,paldao alhWorke[s performit►g cosbk-antllcipated orthe actual-cost incurred in providing:such work in the;:classd,calion under thA.eontrocf framahe first benefits-Contractors:employing" iritices or"trainees under.. day on which work Is performed.in the:dassification._ approved programs; maintain W-d6 evidopo j#14ypr registration...ofapprenticeship programs.and certification of trainee programs the regstratioq©f te:apprentftes and c.Whenever the min'urium ware ram prescriil:the trarnees;;and tlie`ratios:and wagerates prescn6edao3he: contrastforaclass oflaliorersorrriech ticsmdtidesafringe: appliMbleprogratns: benefit which is not ezprssseit as an hourly rate,the contractor. shall either pay the beiefd as stated frtthe.wage determination b.(1)The co rttrador shalt.submti weeklyfor each week in. or shall payranather bona fide fringe benefit or an_houdy cash' eqr rvalent:thereof.. which any poptraitvvork is:porfotrr ed a copy of allpayrollsao the contractirig:agency. The payrolls s6initted.sballs�et oui .accuratelyandcomptetely all of the inforrnafion requiii. '6.; e A.,If the-confraotfiir.does not make payments to a trustee or maintained under:29 GFR 5.5(a)(3)(i),'except that full sbglal other third Person the contractor may:consider aspart ofthe- securitynurnbers•andhome addresses shall not beanclUded wages of ar►yta`borer or mechanic the.amount of any costs on*eekly transmittals:Instead the payrolls shall only need fc; reasonably anhcrpated,in providing bona fide fdhge.herie#lts lilclude;.art l6d3vldually identifying:numberior;ealcitemployee( , under aplan orprogram'Provided,ThatlheSecretary:of eg theaastfourdigttsofthe.ampbyiYe'ssoctalse>;uritx' Laborhas found,upon the s written requeof the.contractor, nUrnbeY):The Yequlmd weektjr payroll.ihfdirhatioil maybe: that the applicable standard§of theDavis=Bacon Oct have' submitted.in arryibhrr desired:Optional FomtWH 347JO been met The Secretary of Lat)br may require the contractor avarlable`for this purposefrom thet/f/age and}lour i]tvisioi7: to!set asideTn aseparate accountassets for the meeting:of Web srteat;httpJ/www do!govlesahyhd/formslwfi34Tgsfr:htfn obligations under3he pian.or program. or ds:successorsite.,The pnrne contractor isrespons.�le:for. thesubmission.ofwpies of.payrolls by all:subcontractdr5. 2::Withholding Contractors and sUbcontractdrs steal!iiamtaro. sod the full a! security number and_current atldress of each colleted worker, and shall provide them upon.request to the cprdtr Ong agency. The;contracting:agency shall:upon.its own action or upon. for transmission to the State.DOT,the FHWA or:the-Wegeand wdtte n request a anauthortzeiirepresentative of he Hour Division of the;Depar#ment of Labor for,purposes of an , Depadment.of Ub,6rj- thtioTd.or cause to bewithheld from investigation or audit of compf lance With preva7ing wage the.contracEor underrtiiis contragt or ajiy other-Federal: regurrements it is ngt-a violation of this section fora prime: coptrad wlttr.the:same_pnme:apMmcdor,;or any.other federally oonfractor to re9uke;a su[�contractorto provide addresses arid: ass sted.eonritracYsul jest to L)aYls=Baeotr:prevaTng wage'. somal sews rnumbers to:the_prime contractor,for Sts own reguiremenW wblch is held by.thb.wine pnme contractor„so. records,without Was ld5r:stitxraissiort#o.therbontracbng:agency;: much of#te:accrued pa,ynrents of advances as:maybe consdered Yiecessary to pay iaborere and mechanics including apprentices:trarneekiarid helpers employed by 0ii nfi tc.supijani d rhaphe by.. a catrled by a Statement at Cotnplrance, "signed by ttia coiitiador or contractor or subcontractor the flitl amount of v+tages subcontractor.or his or her a9en#who pays or supervise's the required by the contract In the:event of#ailureto pay any a ment:of the efsons esti o )alorer or mechanic,inducting any apprentice trainee]or p R Pl_yed.tinder the cootrac(and shall helper,employed orwortcmg on thasate of the work all or part l the following; . of.#*wages..required:by die Pontract�.the contracting:agency M ay,A&,wdtten notice to the'coritractor,take such action as 0)That the.payrolt fot_ttte payroll period contains the inay be necessary to cause the§uspension of any fuffher Information required to tie piaMed under g5 5_(a)(3)(II)of payment:advance;.or guarantee offends until such violations Regulations 29 CFR part5 the appropnate fnformation.Is have ceased. being it�ariitained under§5 5(a)(3j(i)of R.egulattons,29 G1=R;pfirE5;and that sucltrriforrrrAdh Isporreet.and. 3. Payrolls and basic records cOrrl�t�ete a Payroiis and basic records relatrng.thereto shall be C7°That cacti taboret or mechanic(thclud3ng each: maintarnedfiy the contractor dung the.course of the work and helper,apprentice and trainee)employed on the boiatract preservedfor a period ofthreeyears thereafter for all laborers during the payroll peaod has been.pad wee !Y:-; and rriechahics working at the:site-of fhe work Such recgrds Wages earned,wdhoutrebate,either directly or in ire shall contain the name,address;and sodatsecurity number of and that no.dedudtons:have.been ma9r.:.'er.drectly or each suchworker,his or her correct classification,hourly triter, frornfhe fullwages.eamed othec:than` of_wages paid jindudiri�.rates of contributions or costg pemiissible.de�duc6ons as setfodh in Regulations;29.GFR ntiapated.#orbona•fidelringe benetitsor_cash equrvalerits. part3' thereof rat till tomes'described in section i(b)(2)(B)of the Davis-Bacon Act) darlyand-Weekly number of hoot's worked; (i)'Tbat each.laborer or rued anic,has been paid hot deductions made and'actaal wages paid.`WheneVetth$. less than3tie'appGcalilewage fate3 and#Angabenefits or Secretary of Labor has found under 29 CFR 5 5ta)(9} vjattat cash:equivalents.for the-dass46-ion of work peiformed, the wages of any laborer o_ mechanic 3nclucktAe7ahto(rfitof as apepfied.3n:the.app.licable Wage determination an costs reasonably an Y Y flclpated in providing Benefits vnder'a incorporated(nto.the,contracl: plan or program described in sectional'o')(2)(13)of the Davis 5 d: Apprentices and'Trainees(pro�rams,of the U.S DOT), Apprentices and traineeswotking under apprenticeship and V. CONTRACT WORK'HOURS ANDSAEETY skill try< STANDARDS ACT aini n9 prograrrrs.whichliave been certified b the , Secretaryof T..ransportapon aspromoting FEO in connectloM With.;Federa�aid highway c onstnrdion programs arenot Thal. lowing clauses apply Wary Federa"Id.construction sobject fb the regjrern nts:ofpan_ ph 4 of this Section.N:. cdntt ac t in an amount 1Ji excess of$100 tTt)4-and subje�i6t.he Thestraighttime hburly.wage rates for apprenUce4.and ovettirrte provisions of:Ilhe Contract Work Hours and SafMy trainees under suchptogramswill be established;bythdi Standards Act.These tbuses shall:be inserted irfaitditiQh to; pattiisilarprograms ib6 raho:of:apprer'tJ and traineesto 3fie clauses required 29 CFR;5:3(a)or 29 C .4 B Jos . joumeymensfiail not.be greater.that-permitted by the terms of uses}in this paragraph #[tete(pt lob°rers and.mechanic the particular.program..' include.watchmeh:and guards, 5c Compliance with Copeland Act requirements. The 1.,Overtime requirements: No contractor or:Wbcontractar contractor shall comply with the-requirementsof 29 CFR part dontracting forany part ofthe:contract:Wdtkwhic h mayrequire 3;Which are incorpardted by reference in this contract or mvo0e the employment pfllaborers or nechan cicsshan regwreor pemut arty such.laborer or mechanic,irtapy `Theton 6 Subconracts. ctractoor subcontractor shallunseit Workweek in�tvhlch he or she is employed on such Worst to - r - 'work in excess oi"hours.in such workweek_unless'such: Form FHWA-1273 in any subcoptractsiM d Also require the. latrorei of ineehaiticYeceiYes compensat on a€urate not fes3 co subntractors to include Form FMA=1273ln any lower tier than one at5d onefialf tTmeeMe basic ate of pajr-for alt#iours- t0contracts The prime contractor shai(be•:respoiisible:for the co tipliairce by any subt ontractor orlowertier suticontrador _ WOm in excess of forty frou�s ig such woticwePk witft all 'this contract..auses in 29 CFfZ3;5 2.1FIoTation,l'iabiiity for urpard wages,iiqul&ted damages. In the event of any violation of the dauseset forth. 7-);ntractteririination:debarment A„bredch of the in paragraph(1.)of this section,the contractor andarry Contract clauses in 29 CFR 5.5 may be grounds for termination: subcont[actorresponsible therefor,ihall be liable fortlie of fe contract,and.for debarment as a contractor and a subcontractoras providedin29 CFR 5.12 unpaigwages:In addition,such contractor and subcontractor shali,tie Gahle_to tile.Unded..States(in.the case Of work done undeccontra forthe Distrlctrof Colurnbia or a territory,to such &Compiiairce with Davis-Bacon and Retated.Act District orad such territory);forliquidated damages.Such regWrements. All rulings and Loterpretations of the Days liquidated=damages shall bacbrnpi t&vill respect to each Aaron and Related:Ads contattert in 29 CFR paFfs.1, acrd S indwiduat_laboter.ot,mechahrc iodudiiigwatchnren and, . are herein incorpongpel bjr reference in.this rvntract .' guards etnpfoyedin�iola8on oTthe dausa setfortti'in paragrapEl;1,)of this section,in the sUf,.of�IQ`foT each - calendar day on which such individual was required or DJs Calendar labor standards.Dtspgtes arfsing_ permitted to vitork in.excess of the standard workweek of forty out of the lab6r5tandards provisions of this-contraid shall not hours without; nt of the over#ime wages. besubiect tgthe general disputes clause of this cgilfraci Suchle9iulred bjr'the: disputes shall be Te501Ved m"accordance with th"'aredures clause set forth '''paragraph(1.)ofth14 section. of the Departmdht.of Labor set forth in 29 CFR parts 5,6,:a ra 7.Disputes within the meaning of this clause include disputes 3 Withholding toe Unpaid wages and liquidated damages; between the contractor(o7:any.:,4fts subcontractors)Zandthe The FHWA or the contacting agency.shall upon its owa-Acoon contracting`agency,the U.S_Department of Labor.orthe or upon written request of an authorized r0resentafire4the:: . employees of their_representatives; Department of Ca6or Withhold or cause..to be withheld,from any moneys payable on accqunt of work perfordli`e_. 10.Certification of eligibility:- contractor orsubcontrarYoirugdefanyeuch.cdr tt-prany other Federal_contractwith'the same,pikne contCa¢or Crary otherfederally-assisted.contract subject.to the Contrar�llilotk a.By entering into this contract the contractor cerrdles that Hours=aril.8afety$tandards Act,w)iicti is he-:by ltte same: neither it(nor he.or she)nor:arly person ort'itim vrh©has alt prime contractor such sums as may fie determined td be trderest in the;contractor's firm Is person or firm lrieligibfe to necessary to satisfy any liabilities of such cottoro7 beawarded Government contracts byvirtue of section 30)Of subcontradorforunpaid wages.and liquid ated:damages:as the:Davis Bacon Act or 29 CFR;5.I2(a)(1). proinded'm:the.clause set foith m_paragraph(2- of tisi, _. _ seEtion,. b_tiro part 4fthis contrard shalt he subcontrdcted ti any person or Finn ineligible for_aviatd of a Government contra st by virtue . 41 Suticoirtracts: The-ddhbracioCot�iibcoatractor shall insert: of section 3(a) of-the bayls-Bacon Act or 29 CFf 5.12(ax1): In jjsubcontrHCtS the taFiees set=forth In P-4iJ aph(1_3 fFiruugi (4)of,.Chisechpn at!d ado.a_days@quipng;the c.The penalty for malcirg false statements is prescribed in-the subcpntractorsto lAclude4hese clau$es in anylov*T.-ier subcontracts The prime;coi4ac .sfiaitbe tesporpie.foT.;. U.S.Criminal Code,1 t317.S:C. 1001. compiianos tiyany subcdfittador gr lower fletsuhco�tfdctor with the cl4uses sefforfli'fri`,paragraghs:(9.) ruugh(dj ofYfiis set tion.: 7 'Whoever,beim an officer,agent,or employee ofthe United covered.transaction_The prospective fist tieipartictpantshal.1 States or of:any.Statd or Territory,or whoever,whethera submit an explanation ofwhy tt cannot provide the certification person assosaUon,firm nrcorporation,knowingly makes oily set out be The certification or explanation wili.tie false.statement,false representation,or false report as-to the considererla[►conJlg.Cttontyith the departmentoFagency, harade, uali uan" or cost of the material used or to determination whether to enter into this ransaction No cweveT, be usedi ,oQthe quant:or quality of the workperformed or to failure.4the ptoslli0c efirst tier pariicipantto'famish a.:. be performed;or the costttiereof in connection wiftthe certification.or ani lanation'sha11 disqualify such a person XP submitsiorf of plans,maps,specifications;contracts„or costs frorYparticipatloh>rtthisarat saction. of;constrvction on any highway or related projectsubmitkedfor apptovaito the-Secretary of Transportation;or. c.The certification:ria;this rJausp is.a material-repres.ontation. bf fact-upon:which rr lion:*-Was.placed when lliecontr� Whoever knowingly makes any false statement;false agency determined to enter into this trarisac-ori_If rt is Intel representation,false report or false claim Wrath iespedto tl+g determined that the prospective PaiticiPanf knowingly rehderei` character,quality,quantity,or cost of any work performed onto an erronem i..W i#Icattipn,in addition to other remedies be performed,.ormateriirals'furnished.orto-befurnished,tp_ available to.the,*#decal Government,the co ttracting agency connection with the construction ofany highway or related may terminate this transactionfor eaus"f'default project approved_byth'Secxetary of Transportations or A...-The prospective;frtst:tterpartrcloant shall provide 1Nhoeverknowinglymakes any false statement or false itrtmediate wnttenA06e_to the contracting agency to whom representation as to matenal,fact.m any statement,certificate; WS.-Proposal is submitted if anyLCne trielprospective first tier or reportsubinitted pursuantto provisions.ofthe.Federal-aid : partddpant learns that its:cettifiratloti:-Was erroneouswhen Roads Act approved July 1,1916,(39 Stat 355);as amended submitted br has`bec6me eroneous by reason'f changed and supplemented; circumstances .Shall.be:frned under this-title ar mprisorred'not more than 5 e.The terms"covered transaction,""debarred;" ,years.or both." "suspended"ineligible "participant""person' 'principal;' and"voluntarily excluded,"as used.in-this clause,are defined' in 2 CFR Parts 180 and 1700: 'En+tTier Coveted 1X,11VIPLEHIEIiTATJON OF CLEAN Al ACTAND FEDERAL Transactions refers`to any colteiledlransaction_[etweert:a WATER P0'LLUTION CONTROLA'CT grantee_or.subgrantee of Fed"-..6ds:snd 2particip4nt(such as the prime.or general contract).--Lower Tier Covered . _ This provision is applicable to all Federal-aid construction Transactions'refers.to any cove red.transaction runder a.Flrst contracts and to all;related subcontracts, Tier Covered Transaction(such as sub6ontrncts) Fast Ter Rartrtc—ii refers to the partigipantwho has entered foto a. By submission of#his:bid/proposal or .eirecution of this covered:transacbor!_viatti a grantee orsubgratrfee of- is xoirtract;or subc:ontract,-as appropriate,-the.'bidder,proposer, lands.(such as th"ft.6orgenera[contractor.'"Lnwer.Trer :Fede ral-ald,:cbnstruction-contractor,00Subcontractor,as Particip8rit'-refePSBnYparticipant-who has entered into a appropnate,:Will bedeemed'tohave stipyiated.;as follows: cotlerodtransacti4o'.wtthaFrsf TierFarticipartorotherLowe[ Tier Paiticipants(Sur h:as.subcontractors and supp)lers),:: 1-That any person who is or will be'ubTV-W in tli'e: - perforrriahce ofahis contrail is notprgtd6ited from`receiving-an: f:The prospective first.tier,parficlpant agrees by submitting award due to a violation of Sectiorta08:of.fhe Clean VifaterAct this proposal that'should the.proposed i�irered frarisaction be or Section 306 of the Clean AkAdL entered into it shallnot knoWring eiltec into arry7ower tier 2_..That the dorftractor agrees to indiAlp r- muse to be; covered transaction iNith a personwho,(S debarted, inr�uded;he requirements of'paragraph(1)of this:Section X in suspended,declared fnetlgble nrx±olun rr7y-eaccluded from evertr subcontract;and fjooh agrees to take.sur h-attivn as participation irijbis.covered trans iAion�,untes's,authorized by ttie:coiitrading agency may directas a means of+enfdre ng the.department:or agency entering old tfiis tlAnSaction. such requireinenis; g,.Theprospecovefirst tier participant Mlrthet:agrees by submitting,thisproposaltha#1t will include the danse2ltled X.CERTIFICATION REGARDING DEBARMENT, "Certification Rrdi egang I2ebaupont,Suspenslpn,Indg$iliiy SUSPENSION,INELIGJAIL]TYAND VOLUNTARY and Voluntarytxt.Union-LowetTier CoveredTranswbons," EXCLUSION provided by-tite daparinhent or contracting 906ricy,entering into this coveredttansaction,withoutmddifiFation in all lower This provision is applicable to all Federal aidconsEruction tier coveied.transacbons and in all skiiiataflonsforaower tier contracts,;clesigrl-but(diontracts,subcontracts,(ower-tier covered.fransaci.r s exceeding the X25 000'.ttireshoI. subcot tracts;purchase orders,lease.agreerrients,consultant xoiitracis or anyothercovered transaction requiring FHWA h A particloght'in a covered transaction May rely.upon a approval or thatis estimated to cost 525,000 or more— as eeroft- Uon of a prospective pa and in a lower t�rroyeTed defined in 2.CFft?arts 180 and 1200. transaction that is not debarred,susper+ded,rcieli�tle or voluntarilyexcluded from the.covered transaction unless It knows that-the ceriffrcaEion ls:erroneous i4_paibc1pantis . . responsible for ensuring that its principals are not suspended, 1.Instructions for Certification First Tfer Parbclpantsi debarred,or otherwise ineligible to participate in covered r transac ionsr To Ven(y the eligibthtg of its principals,as weR'as i. a.By signing and submittingthis ro..satthe. ros ective the eli ilii' of an lowertier prop p p g ,lity y prospeative participants,each: first tier participant is providing the certification set outbelow.. participant may.L but is not required to::cbedtthe 0ctluded t Parties List System website fliitbslhywier.eols'novA;Which is - b.The inability of a person to provide the certification sei`out compiled by th0-Q&ter21.SeNt1ces Admimiatrati0rl below will not necessarily result in denial of particlpat3pn in this- i r - t . 9 departmentor agency,vrith which this transaction originated may pursueavallable.remedies,including suspension and/or debarment Certification.Regarding Oebarrnent Suspension, ineligibilrtr and Volutifary Ezcltision.-Laver Tier Paitlupantsc T,The prospeobbe"iowe-r-*T partrclpatlt eerbfies,by submission of this-proposal,,that"nelthetit noritspaindoals is presently debarred suspended"proposed.foTdebarinent; declared meligible oivoNrnlanly"excluded""fforh participating.in cove mdtrans acttotu;by anyfederal.deli -an . ent or agency.. Z.-Where he.prospective lower.Ler partkdpa4 is unable to certify to any;of the statements in this certification such prtfspective panc�tpar tsha,l attach an expianabon to this pro Xi.CERTI.FIGAT(ON'REGAROING US pf-gWRAGT FUNDS FOR-LOBBYING Tfiii 'provision kapplicable to:all Federal~ard construction : - contrads'arid to all related suticontrai*Whlch emceed ;1.Q0 OOO j49 CFR 20); 1-The prospective participant cerh'fies,.by signing and suhmdting this bid of_proposal;to the:besfof his or her` knowledge and 6e6efahat a,;No Federal appropnated funds have been paid"or 41 be paid;by or on 6ehalEof:Che:undehajned,to any-persntt":for _ influencing or attempting to IngUende:an officeraremployee'of any Federal agency,cy;a.Nlember:of Congress,an officer or erirployee of'Congress;oran employee ofa Memberof Caogress in connecti_ori with the"arding:ofany Federal con c!,"the,making of any Federal grant;the;making of any Fede ral_loan;the entering jnxo of any cooperative agreement; end the.bxbension,contlnuation;:'renewal,amendment;or `modtficafioh of any Federal contract,grant;Joan;of cooperative'agreement. b..If anyfunds other than.Federal appropnated.funds.have been paid br'wtll tie ptu any person for influencing.or attempting to trrfluence:pp officer or employee of any Federal 9 a enc�r;a Member of Congress;air officer or employee of Gong s,or.an employee ai_a..Memberof.Congress:In connon with this;Federai.:contraci grant,.loan,or ecti cooperativeagteernent ttie undersigned sfiall complete and submk6tandardFoii LLl,"D Report to. Ing,"ilt..Ot _agce.with instlttedions " Ibis certification is'a material representation of fact upon which,reliance was:placodwhen this transdcEion was made or enfeEetf fito�-Submission of this certification is:-a prerequisite for'rnalrhi9 or r3nterh]g igto this transaadtio i(nposedtiif3l U; G1352:Any peiso0 who fails to,file the required ce ification shall be subtectto�a civil penalty,ofpeflessahan $;70,000 and not more than-$Yt)0,0o0 for each such{atIIUTe 3 The prospechve:particcipatal:atso agrees by sitptrllttin_g'its : etiI Laprpatld orproposahqurrgat.tFie ►anguage of this cettificabnnjieinduded in-4llower tier sut 666tracts.%Wd, exceed$lOOi000 and that'all'such Te Refits sha1166 Ty and ftlose accordingly: 91 Exhibit C NOTICE TO BIDDERS COUNTY OF MASON DEPARTMENT OF PUBLIC WORKS SHELTON, WASHINGTON 2018 MASON COUNTY OVERLAY, CRP 2012 & CRP 2013 SEALED BIDS will be received for the improvement of various roads in Mason County, 2018 MASON COUNTY OVERLAY, CRP 2012 — 2013, (John's Prairie Rd (# 91720) and Mason Lake Road (#52210)) (Range $1,000,000 to $1,250,000), at the office of the County Commissioners, located in Building 1, 411 North 5th Street, Shelton, Washington, 98584, until 9:00 a.m., Friday, May 4, 2018, Submitted bids will be publicly opened and read in the Commissioner Chambers, Building I, immediately thereafter. Sealed Bids received after the specified opening time will not be accepted. MAJOR BID ITEMS will include Mobilization, LS; Shoulder Finishing, M1; HMA CL. '/2 In. PG 64-22, TON; Beam Guardrail Type 31, LF; Project Temporary Traffic Control, LS; and other items in conformance with the 2016 WSDOT Standard Specifications, and the Special Provisions for this project. Bid Documents are made available as follows: Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "Mason County". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders "Register" in order to receive automatic e-mail notification of future addenda and to place themselves on the "Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration. ALL BID PROPOSALS shall be accompanied by a bid proposal deposit in the form of a Surety Bond, Cash, Cashier's Check, or Certified Check in an amount equal to five percent (5%) of the amount of such bid proposal. The Proposal Bond shall be on DOT Form 272-001 revised 08/2001 for Local Agency Use. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the Specifications, the bid proposal deposit shall be forfeited to Mason County. ALL BID PROPOSALS must be in writing, on forms furnished from Builder's Exchange of Washington, with the Builder's Exchange disclaimer footer in the margin of each page and along with proposal deposit, placed and sealed in an 12 x 9 envelope, with an indication on the front bottom left corner of said envelope, the project name and date of bid opening, and then filed with the Clerk of the Board of County Commissioners on or before the day and hour above-mentioned.. NOTICE TO BIDDERS Page 1 of 2 2018 MASON COUNTY OVERLAY—CRP 2012-2013 The (Local Agency) in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. THE BOARD OF MASON COUNTY COMMISSIONERS reserves the right to accept or reject bids on each item separately or as a whole, to reject any or all bids, to waive informalities and to contract as to the best interest of Mason County. DATED this 9th day of April, 2018. MASON COUNTY PUBLIC WORKS MASON COUNTY, WASHINGTON L e.mf Kathryn L. Cari PUBLIC WORKS REPRESENTATIVE cc: Cmmrs. Engineer JOURNAL: Publ. 3t: 4/12/18, 4/19/18, 4/26/18 (Bill: Public Works Dept.) Journal Shelton: jlegals@masoncounty.com JOURNAL OF COMMERCE: Publ. 3t: : 4/12/18, 4/19/18, 4/26/18 Journal of Commerce Seattle, Legal Dept: legals@djc.com> NOTICE TO BIDDERS Page 2 of 2 2018 MASON COUNTY OVERLAY—CRP 2012-2013 The United States Department of Transportation (USDOT)Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The Mason Couny(herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT),through Washington State Department of Transportation, is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, 'for which the Recipient receives Federal financial assistance from DOT, including the Washington State Department of Transportation. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI and other Non-discrimination requirements(The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance,the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program: 1. The Recipient agrees that each "activity," "facility," or"program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity")facilitated, or will be (with regard 1 to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all the Federal-Aid Highway Progrms and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The Mason County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix 6 of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use,or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property,the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: 2 a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts,the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations,and this Assurance. By signing this ASSURANCE, Mason County also agrees to comply(and require any sub-recipients, sub- grantees,contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing Mason county access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by Mason County. You must keep records, reports, and submit the material for review upon request to Mason County, or its designee in a timely, complete, and accurate way. Additionally,you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Mason County gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal-Aid Highway Program. This ASSURANCE is binding on Washington State, other recipients, sub- recipients, sub-grantees, contractors, subcontractors and their subcontractors',transferees, successors in interest, and any other participants in the Federal-Aid Highway Program.The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. Kevin Shutty, Chair by Mason County Chair DATED 3 APPENDIX A During the performance of this contract,the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor(hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination:The contractor,with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment,each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports:The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. S. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions:The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. A APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that Mason County will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United State Code, the Regulations for the Administration of program, and the policies and procedures prescribed by the Washington State Department of Transportation of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252;42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto Mason County all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Mason County and its successors forever, subject, however,to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Mason County, its successors and assigns. The Mason County, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2)that the Mason County will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3)that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) B APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Mason County pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this(deed, license, lease, permit, etc.)for a purpose for which a U.S. Department of Transportation activity,facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, Mason County will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Mason Countywill have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Mason County and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) C APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Mason County pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee,etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land")that(1) no person on the ground of race,color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color,or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3)that the (grantee, licensee, lessee, permittee, etc.)will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, Mason County will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Mason County will there upon revert to and vest in and become the absolute property of Mason County and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) D t APPENDIX E During the performance of this contract,the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director Diane Sheesle , County Engineer DEPARTMENT: Public Works EXT:450 BRIEFING DATE: October 28, 2019 PREVIOUS BRIEFING DATES: First time for Briefing ITEM: Lease Agreement with Verizon Wireless — Set Hearing EXECUTIVE SUMMARY: Verizon Wireless (VAW) LLC dba Verizon Wireless has interest in leasing approximately 1,600 square feet on the Public Works facility property (parcel 42002-21-90010) at 100 W Public Works Drive, Shelton, WA to construct a new unstaffed wireless communications facility that would sit up on the upper portion of the northern section of the property. The agreement would be in effect for 5-years with automatic 4 additional 5-year terms unless the County decides to terminate at the end of the then current term with a written notice 3-month in advance to the end of the then current term. BUDGET IMPACTS: An annual rental payment of $14,400 will be paid in equal monthly installments to Mason County Public Works. The annual rental for the second (2nd) year of the initial term and for each year thereafter will be equal to 102.5% of the annual rental payable. RECOMMENDED ACTION: Recommend the Board of County Commissioner set a public hearing for Tuesday, December 3, 2019 at 9:15am to consider enter into a lease agreement and with Verizon Wireless (VAW) LLC dba Verizon Wireless to construct a new unstaffed wireless communication facility on a portion of Public Works facility property, parcel 42002-21-90010 at 100 W. Public Works Drive, Shelton, WA 98584 and authorize the chair to sign the Memorandum of Land Lease Agreement. ATTACHMENTS: Land Lease Agreement Memorandum of Land Lease Agreement Notice Aerial Map LAND LEASE AGREEMENT This Land Lease Agreement (the "Agreement") made this day of 201J between Mason County,Washington,a municipal corporation,with its principal offices located at c/o Frank Pinter, 411 North 5th Street, Shelton, Washington 98584, hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the"Parties"or individually as the "Party." WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby,the Parties hereto agree as follows: 1. GRANT. In accordance with this Agreement, LESSOR hereby grants to LESSEE the right to install, maintain and operate communications equipment ("Use") upon the Premises (as hereinafter defined),which are a part of that real property owned, leased or controlled by LESSOR at 100 West Public Works Drive, Shelton, County of Mason, State of Washington (the "Property"). The Property is legally described on Exhibit "A" attached hereto and made a part hereof. The Premises are a portion of the Property and are approximately 1,600 square feet and are shown in detail on Exhibit"B"attached hereto and made a part hereof. LESSEE may survey the Premises. Upon completion, the survey shall replace Exhibit"B" in its entirety. 2. INITIAL TERM. This Agreement shall be effective as of the date of execution by both Parties ("Effective Date"). The initial term of the Agreement shall be for 5 years beginning on the Commencement Date (as hereinafter defined). The "Commencement Date" shall be the first day of the month after LESSEE begins installation of LESSEE's communications equipment. 3. EXTENSIONS. This Agreement shall automatically be extended for 4 additional 5-year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least 3 months prior to the end of the then current term. The initial term and all extensions shall be collectively referred to herein as the"Term". 4. RENTAL; EXTENSION RENTALS. (a). Rental payments shall begin on the Commencement Date and be due at a total annual rental of$14,400.00, to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR at 411 North 5th Street, Shelton, Washington 98584 or to such other person, firm, or place as LESSOR may, from time to time, designate in writing at least 30 days in advance of any rental payment date by notice given in accordance with Paragraph 20 below. LESSOR and LESSEE acknowledge and agree that the initial rental payment shall not be delivered by LESSEE until 60 days after the Commencement Date. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and,in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. (b). For any party to whom rental payments are to be made, LESSOR or any successor in interest of LESSOR hereby agrees to provide to LESSEE(i)a completed,current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if required; and (iii) other documentation to verify LESSOR's or such other party's right to receive rental as 1 WA4 SPEEDWAYS-2 4837-9949-4055,v_2 is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement, but LESSEE shall have no obligation to deliver rental payments until the requested documentation has been received by LESSEE. Upon receipt of the requested documentation, LESSEE shall deliver the accrued rental payments as directed by LESSOR. (c). The annual rental for the second (2nd) year of the initial term and for each year thereafter including any and all extension terms shall be equal to 102.5%of the annual rental payable with respect to the immediately preceding year. 5. ACCESS. LESSEE shall have the non-exclusive right of ingress and egress from a public right-of-way, 7 days a week, 24 hours a day, over the Property to and from the Premises for the purpose of installation, operation and maintenance of LESSEE's communications equipment over or along a 15-foot-wide right-of-way ("Easement"), which shall be depicted on Exhibit "B". LESSEE may use the Easement for the installation, operation and maintenance of wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services. In the event it is necessary, LESSOR agrees to grant LESSEE or the provider the right to install such services on, through, over and/or under the Property, provided the location of such services shall be reasonably approved by LESSOR. Notwithstanding anything to the contrary, the Premises shall include such additional space sufficient for LESSEE's radio frequency signage and/or barricades as are necessary to ensure LESSEE's compliance with Laws(as defined in Paragraph 27). 6. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition ready for LESSEE's Use and clean and free of debris. LESSOR represents and warrants to LESSEE that as of the Effective Date,the Premises (a) in compliance with all Laws;and (b) in compliance with all EH&S Laws (as defined in Paragraph 24). 7. IMPROVEMENTS. The communications equipment including, without limitation, the tower structure, antennas, conduits, fencing and other screening, and other improvements shall be at LESSEE's expense and installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its communications equipment, tower structure, antennas, conduits, fencing and other screening, or other improvements or any portion thereof and the frequencies over which the communications equipment operates, whether or not any of the communications equipment, antennas, conduits or other improvements are listed on any exhibit. 8. GOVERNMENT APPROVALS. LESSEE's Use is contingent upon LESSEE obtaining all of the certificates, permits and other approvals(collectively the"Government Approvals")that may be required by any Federal,State or Local authorities(collectively,the"Government Entities")as well as a satisfactory soil boring test, environmental studies, or any other due diligence LESSEE chooses that will permit LESSEE's Use. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to LESSEE's Use. 9. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate this Agreement upon written notice to LESSOR in the event that (i) any applications for such Government Approvals should be finally rejected; (ii) any Government Approval issued to LESSEE is canceled, expires, lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) LESSEE determines that such Government Approvals may not be obtained in a timely manner; (iv) LESSEE determines any structural analysis is unsatisfactory; (v) LESSEE, in its sole discretion, determines the Use of the Premises is obsolete or unnecessary; (vi)with 3 months prior notice to LESSOR, upon the annual anniversary of the 2 WA4 SPEEDWAYS-2 4837-9949-4055,v 2 Commencement Date; or (vii) at any time before the Commencement Date for any reason or no reason in LESSEE's sole discretion. 10. INDEMNIFICATION. Subject to Paragraph 11, LESSEE, its successors and assigns,will protect,save, and hold harmless the County, its authorized agents and employees,from all claims, actions,costs, damages (both to persons and/or property), or expenses of any nature whatsoever by reason of the acts or omissions of the LESSEE, its assigns, subtenants, agents, contractors, licensees, invitees,employees, or any person whomsoever, arising out of or in connection with any acts or activities related to the Agreement,whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the Leased Premises. The LESSEE further agrees to defend the County, its agents or employees, in any litigation, including payment of any costs or attorney's fees,for any claims or actions commenced, arising out of, or in connection with acts or activities related to this Agreement, whether those claims, actions,costs, damages,or expenses result from acts or activities occurring on or off the Leased Premises. This obligation shall not include such claims, actions,costs, damages,or expenses which may be caused by the negligence of the County or its authorized agents or employees; provided,that if the claims or damages are caused by or a result from the concurrent negligence of(a) County, its agents or employees and (b)the LESSEE, its assigns, subtenants, agents, contractors, licensees, invitees, employees, or involves those actions covered by RCW 4.24.115,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the LESSEE or its assigns, subtenants, agents,contractors, licensees, invitees,employees. LESSEE specifically assumes potential liability for the actions brought by LESSEE's employees and solely for the purposes of this indemnification and defense, LESSEE specifically waives any immunity under the State industrial insurance law,Title 51 RCW. LESSEE recognizes that this waiver was the subject of mutual negotiations. The indemnification and waiver provisions contained in this section shall survive the termination or expiration of this Agreement. 11. INSURANCE. LESSEE shall furnish and maintain all insurance as required herein and comply with all limits,terms, and conditions stipulated therein, at their expense,for the duration of the Agreement,following is a list of requirements for this Agreement. Occupation under this Agreement shall not commence until evidence of all required insurance is provided to the County. The LESSEE's insurer shall have a minimum A.M. Best's rating of A-VII and shall be licensed, authorized,or permitted to do business in the State of Washington. Evidence of such insurance shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for LESSEE and returned to the County Department with whom the Agreement is executed. Upon receipt of notice from its insurer(s), LESSEE shall provide the County with thirty (30) days' prior written notice of cancellation of any coverage required herein. The policy shall be endorsed to include the County as an additional insured as their interest may appear under this Agreement and the certificate shall reflect that the County is an additional insured on LESSEE's general liability policy with respect to activities under the Agreement. The policy shall be primary insurance and any insurance or self-insurance carried by the County shall be excess and not contributory insurance to that provided by the LESSEE. The LESSEE shall not occupy, nor shall the LESSEE allow any other persons and/or personal property on leased property until a Certificate of Insurance, meeting the requirements set forth herein, has been approved by the County and filed with the department with whom the Agreement is executed. 3 WA4 SPEEDWAYS-2 4837-9949-4055,v 2 Failure of the LESSEE to fully comply with the insurance requirements set forth herein, during the term of the Agreement, shall be considered a material breach of contract and cause for immediate termination of the Agreement at the County's discretion. Providing coverage in the amounts listed shall not be construed to relieve the LESSEE from liability in excess of such amounts. REQUIRED COVERAGE:The insurance shall provide the coverage as set forth below: (a). GENERAL LIABILITY INSURANCE: The LESSEE shall have General Liability with limits of$2,000,000.00 per occurrence and $2,000,000.00 general aggregate, including products/completed operations, personal and advertising injury,fire legal liability and medical expense. (b). ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that Mason County, it's officers, agents, and employees will be included as an additional insured as their interest may appear under this Agreement for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "Mason County, Its Officers And Employees Are Included As Additional Insured." 12. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 10 and 24, a violation of Paragraph 29, or a violation of law, neither Party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract,tort (including negligence),strict liability or otherwise. 13. INTERFERENCE. (a). LESSEE agrees that LESSEE will not cause interference that is measurable in accordance with industry standards to LESSOR's equipment. LESSOR agrees that LESSOR and other occupants of the Property will not cause interference that is measurable in accordance with industry standards to the then existing equipment of LESSEE. (b). Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of 48 hours following notice to the interfering party via telephone to LESSEE's Network Operations Center(at(800)224-6620/(800)621-2622)or to LESSOR at(360)427-9670 x530,the interfering party shall or shall require any other user to reduce power or cease operations of the interfering equipment until the interference is cured. (c). The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. 14. REMOVAL AT END OF TERM. Upon expiration or within 90 days of earlier termination, LESSEE shall remove LESSEE's Communications Equipment (including footings) and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that the communications equipment shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items 4 WA4 SPEEDWAYS-2 4837-9949-4055,v 2 are considered fixtures and attachments to real property under applicable laws. If such time for removal causes LESSEE to remain on the Premises after termination of the Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until the removal of the communications equipment is completed. 15. HOLDOVER. If upon expiration of the Term the Parties are negotiating a new lease or a lease extension,then this Agreement shall continue during such negotiations on a month-to-month basis at the rental in effect as of the date of the expiration of the Term, subject to the annual increase. In the event that the Parties are not in the process of negotiating a new lease or lease extension and LESSEE holds over after the expiration or earlier termination of the Term, then LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term,until the removal of the communications equipment is completed. 16. [INTENTIONALLY DELETED.] 17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term, decide (i) to sell or otherwise transfer all or any part of the Property, or (ii) to grant to a third party by easement or other legal instrument an interest in and to any portion of the Premises, such sale, transfer, or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder. In the event that LESSOR completes any such sale, transfer,or grant described in this Paragraph without executing an assignment of the Agreement whereby the third party agrees in writing to assume all obligations of LESSOR under this Agreement, then LESSOR shall not be released from its obligations to LESSEE under this Agreement,and LESSEE shall have the right to look to LESSOR and the third party for the full performance of the Agreement. 18. LESSOR'S TITLE. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the Effective Date and covenants during the Term that LESSOR has full authority to enter into and execute this Agreement and that there are no liens,judgments, covenants, easement, restrictions or other impediments of title that will adversely affect LESSEE's Use. 19. ASSIGNMENT. Without any approval or consent of the other Party,this Agreement may be sold, assigned or transferred by either Party to(i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. LESSEE may assign this Agreement to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization without approval or consent of LESSOR.As to other parties,this Agreement may not be sold, assigned or transferred without the written consent of the other Party, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of either Party shall constitute an assignment hereunder. LESSEE may sublet the Premises in LESSEE's sole discretion. 20. NOTICES. Except for notices permitted via telephone in accordance with Paragraph 13, all notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided furtherthat it guarantees delivery to the addressee by the end of the next business day following 5 WA4 SPEEDWAYS-2 4837-9949-4055,v.2 the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Mason County,Washington c/o Frank Pinter 411 North 5`h Street Shelton, Washington 98584 LESSEE: Verizon Wireless(VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 21. [INTENTIONALLY DELETED.] 22. DEFAULT. It is a "Default" if(i) either Party fails to comply with this Agreement and does not remedy the failure within 30 days after written notice by the other Party or, if the failure cannot reasonably be remedied in such time,if the failing Party does not commence a remedy within the allotted 30 days and diligently pursue the cure to completion within 90 days after the initial written notice, or(ii) LESSOR fails to comply with this Agreement and the failure interferes with LESSEE's Use and LESSOR does not remedy the failure within 5 days after written notice from LESSEE or, if the failure cannot reasonably be remedied in such time,if LESSOR does not commence a remedy within the allotted 5 days and diligently pursue the cure to completion within 15 days after the initial written notice. The cure periods set forth in this Paragraph 22 do not extend the period of time in which either Party has to cure interference pursuant to Paragraph 13 of this Agreement. 23. REMEDIES. In the event of a Default, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate this Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Property is located. Further, upon a Default,the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If LESSEE undertakes any such performance on LESSOR's behalf and LESSOR does not pay LESSEE the full undisputed amount within 30 days of its receipt of an invoice setting forth the amount due, LESSEE may offset the full undisputed amount due against all fees due and owing to LESSOR under this Agreement until the full undisputed amount is fully reimbursed to LESSEE. 24. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety("EH&S Laws"). LESSEE shall indemnify and hold harmless the LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. LESSOR shall indemnify and hold harmless LESSEE from all claims resulting from the violation of any applicable EH&S Laws or a release of any regulated substance to the environment except 6 WA4 SPEEDWAYS-2 4837-9949-4055,v.2 to the extent resulting from the activities of LESSEE. The Parties recognize that LESSEE is only leasing a small portion of LESSOR's property and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from LESSEE's specific activities and responsibilities. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location or,if LESSEE desires to remove at its own cost all or some of the hazardous substances or materials (such as soil) containing those hazardous substances, LESSOR agrees to sign any necessary waste manifest associated with the removal,transportation and/or disposal of such substances. 25. CASUALTY. If a fire or other casualty damages the Property or the Premises and impairs LESSEE's Use, rent shall abate until LESSEE's Use is restored. If LESSEE's Use is not restored within 45 days, LESSEE may terminate this Agreement. 26. CONDEMNATION. If a condemnation of any portion of the Property or Premises impairs LESSEE's Use, LESSEE may terminate this Agreement. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to LESSEE's communications equipment, relocation costs and, specifically excluding loss of LESSEE's leasehold interest, any other damages LESSEE may incur as a result of any such condemnation. 27. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, EH&S Laws, rules, regulations, ordinances, directives, covenants, easements, consent decrees, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect(including,without limitation,the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense,comply with (i)all Laws relating solely to LESSEE's specific and unique nature of use of the Premises; and (ii) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR's obligation to comply with all Laws relating to the Property, without regard to specific use (including, without limitation, modifications required to enable LESSEE to obtain all necessary building permits). 28. TAXES. (a). LESSOR shall invoice and LESSEE shall pay any applicable transaction tax (including sales, use,gross receipts,or excise tax) imposed on the LESSEE and required to be collected by the LESSOR based on any service, rental space, or equipment provided by the LESSOR to the LESSEE. LESSEE shall pay all personal property taxes, fees, assessments, or other taxes and charges imposed by any Government Entity that are imposed on the LESSEE and required to be paid by the LESSEE that are directly attributable to the LESSEE's equipment or LESSEE's use and occupancy of the Premises. Payment shall be made by LESSEE within 60 days after presentation of a receipted bill and/or assessment notice which is the basis for such taxes or charges. LESSOR shall pay all ad valorem, personal property, real estate, sales and use taxes, fees, assessments or other taxes or charges that are attributable to LESSOR's Property or any portion thereof imposed by any Government Entity. (b). LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, 7 WA4 SPEEDWAYS-2 4837-9949-4055,v.2 including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE,there is a reduction,credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction,credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. (c). LESSEE shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement; including (if applicable), but not limited to, Washington State Leasehold Excise Tax, currently at a rate of twelve and 84/100 percent (12.84%). The parties agree and acknowledge that LESSEE does not pay leasehold excise tax on a per- lease basis but is instead centrally assessed for its leasehold interest in Washington State by the Washington State Department of Revenue ("DOR"). LESSEE will pay the leasehold excise tax due for this Agreement directly to the DOR. 29. NON-DISCLOSURE. The Parties agree this Agreement and any information exchanged between the Parties regarding the Agreement are confidential.The Parties agree not to provide copies of this Agreement or any other confidential information to any third party without the prior written consent of the other or as required by law. If a disclosure is required by law, prior to disclosure, the Party shall notify the other Party and cooperate to take lawful steps to resist, narrow, or eliminate the need for that disclosure. 30. MOST FAVORED LESSEE. LESSOR represents and warrants that the rent, benefits and terms and conditions granted to LESSEE by LESSOR hereunder are now and shall be, during the Term, no less favorable than the rent, benefits and terms and conditions for substantially the same or similar tenancies or licenses granted by LESSOR to other parties. If at any time during the Term LESSOR shall offer more favorable rent, benefits or terms and conditions for substantially the same or similar tenancies or licenses as those granted hereunder, then LESSOR shall, within 30 days after the effective date of such offering, notify LESSEE of such fact and offer LESSEE the more favorable offering. If LESSEE chooses,the parties shall then enter into an amendment that shall be effective retroactively to the effective date of the more favorable offering, and shall provide the same rent, benefits or terms and conditions to LESSEE. LESSEE shall have the right to decline to accept the offering. LESSOR's compliance with this requirement shall be subject, at LESSEE's option,to independent verification. 31. MISCELLANEOUS.This Agreement contains all agreements, promises and understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement shall be governed, interpreted, construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. Except as expressly set forth in this Agreement, nothing in this Agreement shall grant,suggest or imply any authority for one Party to use the name,trademarks,service marks ortrade names of the other for any purpose whatsoever. LESSOR agrees to execute a Memorandum of this Agreement,which LESSEE may record with the appropriate recording officer.The provisions of the 8 WA4 SPEEDWAYS-2 4837-9949-4055,v 2 Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. IN WITNESS WHEREOF,the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: Mason County,Washington, a municipal corporation By: Name: Title: Date: LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Name: Title: Date: 9 WA4 SPEEDWAYS-2 4837-9949-4055,v.2 LESSOR ACKNOWLEDGMENT STATE OF ) ss. COUNTY OF ) On this day of 201_, before me, a Notary Public in and for the State of personally appeared , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that He/She was authorized to execute the instrument, and acknowledged it as the of Mason County,Washington, a municipal corporation,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of residing at My appointment expires Print Name 10 WA4 SPEEDWAYS-2 4837-9949-4055,v.2 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 201_, before me,a Notary Public in and for the State of Washington, personally appeared ' 'personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument,and acknowledged it as the of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of WA, residing at My appointment expires Print Name 11 WA4 SPEEDWAYS-2 4837-9949-4055,v 2 EXHIBIT "A" DESCRIPTION OF PROPERTY Lot 1 of Short Subdivision No. 3123, recorded December 4, 2018, in Volume 4 of Short Plats, page 56, Auditor's File No. 2103192, and being a portion of the North half(N 112) of Section 2, Township 20 North, Range 4 West, W.M. Parcel No. 42002 21 90010 12 WA4 SPEEDWAYS-2 4837-9949-4055,v.2 EXHIBIT"B" SITE PLAN OF THE PREMISES (See attached) 13 WA4 SPEEDWAYS-2 4837-9949-4055,v.2 wa J y D(n l'm > WA4 SPEEDWAY —__—__—LINE- 100 PROPERTY LINE T_X621.WS87-5r4l'E ROPERTY LINE 100 W PUBLIC WORKS DR 694.94'S87.5295•E PROPERTY LINE - — ' I�1. SHELTON,WA 98584 - - ' — '1676'-B' 760.9TS67.5T41•EMASON COUNTY i bgpp{:OXIMATELOCATIONOF LESSEE'S 4pz10 � ^LEASE AREA(1600 SO.FT.) III =1373-1p 1 1 I8 0 SE�,CK 1 10:� �AQ1 • APPROXIMATE LOCATION N p 1 OF LESSEES 20 WIDE PROPERTY LINESUBJECT PARCEL ACCESS EASEMENT 1_•-_ 859.06'N87.23'04'W_ APN:42002-21-90010 rn h mw1 11 ZONING:72 w I'1 60 PUBLIC WORKS 1527 COUNTY ROAD 1 ?� Z PROJEDRIVE.CT 81901 1 \ o Ix l a e RTY PROPER88TY' ' S��N 4B�7-y LINE R=630.00', STg'52'05`N 1 1 N87_20,25'W 1 _ TTF__� I0 RO - -- 1 P -- INE 1 '1 313.86',S87'2 S87.2557•E 1$A r> w Rot I Rtz I PROPERTY8 O I 660.03'NS712Z87.275Bw J ;R 1 . I IN7 I _ 1,,m I � I ' ?Ri lye m CGI �Co wzl g4l 10 a$ Igo 1 W DAYTON AIRPORT RD.-.-.– I _ ISR 102) ______ PROPERTY LINE -- _--in LEASE EXHIBIT 60.01'N87-23'04-W — '�- FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: Tock&Corl, PLLC Attn: S.Ward 1425 Western Ave., Suite 104 Seattle,WA 98101 Space above this line is for Recorder's use. Memorandum of Land Lease Agreement Grantor: Mason County, Washington, a municipal corporation Grantee: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless Legal Description: Lot 1 of Short Subdivision No. 3123, portion of N %2 of Section 2,T20N, R4W, W.M. County of Mason, State of Washington Official legal description attached as Exhibit A Assessor's Tax Parcel ID#: 42002 2190010 Reference#(if applicable): N/A 1 WA4 SPEEDWAYS-2 4834-7659-9463,v. 1 MEMORANDUM OF LAND LEASE AGREEMENT Washington, a municipal corporation ("Lessor"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless("Lessee"),for certain real property located at 100 West Public Works Drive, Shelton, County of Mason, State of Washington, within the property of Lessor which is described in Exhibit"A" attached hereto ("Legal Description"),together with a right of access and to install and maintain utilities, for an initial term of five (5) years commencing as provided for in the Agreement, which term is subject to Lessee's rights to extend the term of the Agreement as provided in the Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 WA4 SPEEDWAYS-2 4834-7659-9463,v.1 LESSOR: Mason County, Washington, a municipal corporation By: Name: Title: Date: LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Name: Title: Date: Exhibit "A"—Legal Description 3 WA4 SPEEDWAYS-2 4834-7659-9463,v. 1 LESSOR ACKNOWLEDGMENT STATE OF ) ss. COUNTY OF ) On this day of , 201 before me, a Notary Public in and for the State of personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that He/She was authorized to execute the instrument, and acknowledged it as the of Mason County, Washington, a municipal corporation, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of residing at My appointment expires Print Name 4 WA4 SPEEDWAYS-2 4834-7659-9463,v.1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 201_, before me, a Notary Public in and for the State of Washington, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the of Verizon Wireless(VAW) LLC d/b/a Verizon Wireless, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of WA, residing at My appointment expires Print Name 5 WA4 SPEEDWAYS-2 4834-7659-9463,v.1 EXHIBIT"A" DESCRIPTION OF PROPERTY Lot 1 of Short Subdivision No. 3123, recorded December 4, 2018, in Volume 4 of Short Plats,page 56, Auditor's File No. 2103192,and being a portion of the North half(N 1/2)of Section 2, Township 20 North, Range 4 West,W.M. Parcel No.42002 21 90010 6 WA4 SPEEDWAYS-2 4834-7659-9463,v. 1 NOTICE OF HEARINGS LAND LEASE AGREEMENT WITH VERIZON WIRELESS (VAW) LLC NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing on Tuesday, December 3, 2019 at 9:15am in the Commissioners Chambers located in Courthouse Building 1, 411 North Fifth Street, Shelton, WA 98584, to consider leasing a portion of the Public Works facility parcel (Parcel No. 42002-21-900010) located at 100 W. Public Works Drive, Shelton, WA 98584 to Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to construct a new unstaffed wireless communications facility. Legal Description of property is as follows: Lot 1 of Short Subdivision No. 3123, recorded December 4, 2018, in Volume 4 of Short Plats, page 56, Auditor's File No. 2103192, and being a portion of the North half (N 1/2 of Section 2, Township 20 North, Range 4 West, W.M. Citizens of Mason County are invited to attend said hearing. For questions contact the Public Works Department, 360-427-9670, Ext. 450; Belfair 275-4467; Elma 482-5269, or if special accommodations are needed, contact the Commissioners' office Ext. 419. DATED this 5th day of November, 2019. DEPARTMENT OF PUBLIC WORKS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board cc: Commissioners Engineer Publish: Shelton Journal - 2t: 11/14/19 & 11/21/19 Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton, Washington 98584 +,,1- W. mr- 71 i Parcel Number: 420022190010 Parcel Number: 420022190010 cription: L 1 OF SP #3123 AF N OF E 1/2 NW & W 1/2 NE 45/104-105 Size in Acres: .61 Information may e outdated, please visit Ta sifter for up to date informa •on. Owner: MASON COUN Y, MASON COUNTY COU THOUSE 411 N 5th ST 1� tTt)N: USIA,.--9$5_ 400 Section: 2 - Range: 4W Township: 20N MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Sheesley P.E., County Engineer & Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: October 28, 2019 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other— please explain ITEM: Franchise Agreement Applications for Multiple Water Systems— Set Hearing EXECUTIVE SUMMARY: There are numerous private water systems in the county with franchise agreements that are either expired or will expire in the near future. To be more efficient and reduce the number of hearings, Public Works is"bundling"water system franchise renewals. Public Works is also taking the opportunity to review and update franchise language for those agreements that have expired, including a provision for automatic renewal for up to three 10-year terms. The first round of water systems that have re-applied for franchise agreements and to be considered include: Belfair Water District #1 Lake Limerick Water System LLCC Trails End Water District #2 Cherokee Strip HOA &Water Collins Lake Community Club Kamilche Point Community Club Shorecrest Estates Water Company Star Lake Community Club Holiday Beach Home Tracts W/S BUDGET IMPACT: Applications are not considered "new"and applicants have paid $300 for each re-application or renewal of their respective franchises. PUBLIC OUTREACH: The public will be notified through the normal public hearing notice process. Public Works Staff has communicated with the water districts and systems via email, phone call, and/or letter through their boards and/or committees. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for Tuesday, December 3, 2019 to consider approving the franchise agreement applications between Mason County and Belfair Water District #1, Trails End Water District #2, Cherokee Strip HOA &Water, Collins Lake Community Club, Kamilche Point Community Club, Lake Limerick Water System LLCC, Shorecrest Estates Water Company, Star Lake Community Club and Holiday Beach Home Tracts W/S, granting permission to run the utility lines under and across county road rights of way. Attachments: Franchise agreement application example Description of franchise areas Notice IN THE MATTER OF THE APPLICATION OF FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN UTILITY FACILITIES, OVER, ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY, WASHINGTON Application of(Name of Operator) doing business in Washington as , with its principal offices located at by and through(person authorized to act for and on beha f of applicant) , for a franchise to construct, operate and maintain (description of type) utility facilities in,over,along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of , 20 , at the hour of , under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE,IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator,and its successors and assigns,hereinafter referred to as the Franchisee, for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes,at the location(s), and upon the express terms and conditions as described herein. I. DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised, updated,re-enacted or re-codified from time to time. II. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which,once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located 1 within the Franchise Area identified in attached Exhibit`B", for the purpose of installing, constructing,maintaining, repairing,replacing, adjusting,relocating and operating the utility facilities,which grant shall be limited to the following described purpose(s): Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work")to install, construct,maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection of permanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; 2 E. Structural integrity of the roadway,bridge, or other structure; F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location,except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee,upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- 3 way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements;and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law,may order the Franchisee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility 4 facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2)where it is being performed; (3) its estimated completion date; and(4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee,its contractor,agents and/or employees,that cause or in any way or degree contribute to (1)any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers,employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers,employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. 5 M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property,the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate,or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including 6 resurfacing or widening);change of road right-of-way grade;construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the "public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect, support,temporarily disconnect,remove,or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service,or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. 7 E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by- reason of such termination. It has been the practice of Mason County to reserve easements for 8 utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI. FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee, its contractors,or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's 9 Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter, and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of "Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the 10 County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules, regulations and ordinances, including, by way of example, but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond,or cash deposit as described below, may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A V in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes, but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give 11 Franchisee thirty(3 0)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option, forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way,the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives,officer(elected or),appointed)employees and agents(collectively, "indemnitees") for,from and against any and all claims, liabilities, fines,penalties,cost,damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind, or description,of any person or entity,directly or indirectly,arising out of,resulting from,or related to (in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 12 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to, attorneys'fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs, maintenance, etc.,the same as the county may deem fit. 13 XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights 14 or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which 15 broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety (90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare,health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason. In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court, provided, however, that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of 16 Mason's right to enforce all other provisions of this franchise. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in address. Franchisee: Attn: Grantor: County of Mason Public Works 100 Public Works Drive Shelton, WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, 17 maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given, inspection made, review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the franchise. 18 O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination, revocation or forfeiture of the franchise, except to the extent that a County-approved transfer, sale,or assignment of the utility system is completed,and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise, Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the 19 acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton, Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY, WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 20 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. I, , am the of and am the authorized representative to accept the above-referenced franchise on behalf of I certify that this franchise and all terms and conditions thereof are accepted by without qualification or reservation. DATED this day of , 20 FRANCHISEE By: Its: Tax Id.No. STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires A EXHIBIT B Description of Franchise Area B RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Legal Description of Benefited Property Legal Description: Assessor's Tax Parcel ID#: NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday,December 3,2019 at 9:15am. SAID HEARING will be to consider the water franchise applications between Mason County and Belfair Water District#1, Belfair Water District#2, Trails End, Cherokee Strip HOA &Water, Collins Lake Community Club, Kamilche Point Community Club, Lake Limerick Water System LLCC, Shorecrest Estates Water Company, Star Lake Community Club and Holiday Beach Home Tracts W/S. 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 or any questions contact Terry Conley,360-427-9670,Ext.450. DATED this day of November 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Cc: Auditor Clerk of the Board Public Works Listed Water Districts Journal-Publ 2t: 11/14/19& 11/21/19(not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 11/18/19 (Bill Public Works— 100 W Public Works Drive, Shelton, WA 98584) J:\1.Weekly Briefing-Commission Mtg Material\October 28th\Briefing 10.28.19\Water Franchise Agreements\Multiple-Notice 2019.doc EXHIBIT B Description of Franchise Area Bel fair Water District#1 Section 20,TWP 23N, R 1 W W.M. Section 21,TWP 23N,R1 W W.M. Section 28,TWP 23N,R1 W W.M. Section 29,TWP 23N, R 1 W W.M. Section 32,TWP 23N,R 1 W W.M. Section 33,TWP 23N,R W W.M. Section 5, TWP 22N, RI W W.M. Section 6, TWP 22N, R 1 W W.M. Section 7, TWP 22N, RiW W.M. Section 12, TWP 22N, R1 W W.M. B EXHIBIT B Description of Franchise Area Section 23, Township 22N, Range 2 West, W.M. Trails End A a 02 y 0 yo �, �P h r4 QP ti 0 E S P�OMPPO��R`\NE R B EXHIBIT B Description of Franchise Area Collins Lake A T \.N IDLLTCP_�{ NE COLw s LAKE pR 0 f N � � O A 2 O j I p I - i T�11UYA RD B EXHIBIT B Description of Franchise Area Shorecrest A E PEYTON PL PA E SKYLINE DR OJ P� 9� E GREENWOOD LN E CRESTVIEW DR O�w E WOOD LN y� z E OLYMPIC PL 0 O O o = O O rn O F w 2 w r Ix J U J W J PqN = O�MW q E EARLL DR Fo SyORFc,�cFR N RCHgRO RFStoR �N 0 3 > E RIDGEVIEW OR m z z Y W a W i I 3 r rr tI rr B EXHIBIT B Description of Franchise Area Holiday Beach Home Tracts WS A �O N NJ 0 3 r s = r Z m NNPNG�P� N SUSAN AVE B EXHIBIT B Description of Franchise Area Lake Limerick A o , o . Q N 0� ORp'L W AY EBW 0 E ST ANDREWS DR NORTH Qq- 41, �P i s P P F m O � � F� ,t0 � °z yP E I)UNOOiy PL ui U 4(l Z Q N 2 a W J E MIKKELSEN RD i tTr B EXHIBIT B Description of Franchise Area Plat of Cherokee Strip located in Government Lot 3, Section 1, TWP 22 N, R 2 W, W.M. Cherokee Strip NE BECK RD € t 0 V S � W O Y y�j LU O NE LYNNWOOD DR - = g LU v Z = J W 2 i J z Z 2 J W 2 a B L's"Ll.All. (S I KAMILCNE POINT WStµLNLI!,1'wWlw WIf,vµvLS AI C.1l1l WATER SYSTEM O Vt YM Vw T(AALV SPAU LL WHEN Cw51 WON !KCEVba.IAW[hO TµYE PWµl pINEN fI11W43. O:CEKX N[IwWIN Ga wNltS.FI( NEUINtU 1U COIN'Lt IC �'�i WEfµUil{W ALK-CC(It P-NAM W LL I]P(WR VUWS AI SOMI u ___ l__ ?` •'1 YLOw-UTY eIN] wWlw L:w IE vµK!W..(FE IN.N MEA Q •ILLIOI CwO1 WON FEW.. K.OpI1lN(IC •W WE pIN(q f111WG3.9CEM:�.q[IwMN fr,wNpy CIC \X\/ 'A 15 REQIWCp 10 COYVL(IE MSIwUwIgN (+ iA WSIYL}I/]-YYI MSI INnL frWEW WNmq!AIIp IA ntpRANI e1N tl1wW OM E.CN E-W.G PLOW a'. \ 13 OLE LK'AAL / \ Y•A, LY(t PII(M �. a'E TILL SDI • � '4 DDE TAD An(Sa7 Q� N WIR Q -MWAW O GAR VALVE _.� / L; ]S A/O -- ""c 1ANt EF}LUDIT J Y 9""'OFT E.y Oft lMt O NEIL AIWA GATE VYK - 1�1 11-A 1!-A 17-w 1A_A 71 >G - I.. �-- � SITE PLAN 7 .IA..A .�,IkiglM[I{'l0 ly-w SCAW 1--200' 6 Of 100' 200 d00 C) r NN CENTER OFSECRON 11 IIyN - RlE. MASON Co - CHANGE INCORPORATED Kamllche Point Community Club EN•}n 1a1 uwreq n qu AW l- Y P—p.nr Loestb-SWc.11,TIVN,R!W KANIL CNL POINT WATER ]ulrt 1w 231 EE Wildest C•w R—d lyAl O••ctlptlon T�rw.N..•�.v,.w naaa i'ti:' sheft n,WA EEEW SYSTEM SITE PLAN 41aw1iMY.1 �- Namllc"a PoNtt Rzi,. IW. AtdN�/�L 0•la awl••.uAa pro)4321TW Aptll 1073 aNElT1 )f6 FEW.1],3006 EXHIBIT B Description of Franchise Area V c°r �o i h ii Il �� F B 'v NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton,WA 98584 on Tuesday,December 3,2019 at 9:15am. SAID HEARING will be to consider the water franchise applications between Mason County and Belfair Water District#1, Trails End Water District#2, Trails End, Cherokee Strip HOA& Water, Collins Lake Community Club, Kamilche Point Community Club, Lake Limerick Water System LLCC, Shorecrest Estates Water Company, Star Lake Community Club and Holiday Beach Home Tracts W/S. 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 or any questions contact Terry Conley, 360-427-9670,Ext. 450. DATED this day of November 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry,Clerk of the Board Cc: Auditor Clerk of the Board Public Works Listed Water Districts Journal-Publ 2t: 11/14/19& 11/21/19(not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 11/18/19 (Bill Public Works— 100 W Public Works Drive, Shelton, WA 98584) JAL Weekly Briefing-Commission Mtg Material\October 28th\Briefmg 10.28.19\Water Franchise Agreements\Multiple-Notice 2019.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: PATTI MCLEAN DEPARTMENT: ASSESSOR EXT: 498 BRIEFING DATE: OCTOBER 28, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance x Human Resources €Legal €Other — please explain ITEM: RECLASSIFICATION APPEAL EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): WE REQUESTED HUMAN RESOURCES RECLASSIFY THE REAL PROPERTY TECHNICIAN POSITION IN OUR OFFICE AND THEY DENIED THAT REQUEST. WE WOULD LIKE TO APPEAL THAT DECISION. BUDGET IMPACT: NONE PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: REVERSE THE DECISION OF HUMAN RESOURCES ATTACHMENTS: JOB DESCRIPTIONS AND DENIAL LETTER Briefing Summary 10/23/2019 *$e O& JOB DESCRIPTION Title: Department: Administrative Real Property Technician Assessor Affiliation: Reports to: AFSCME Chief Deputy Assessor Exempt: Non-Exempt: X Supervises/Directs: Clerical Risk Class: 5306-07 Established Date: Revision Date: 2017 CBA 2017-2019 Union Approval Date: 2/21/2017 GENERAL DESCRIPTION: This position maintains the property tax roll including work relating to maps, legal descriptions, and accurate descriptions of complex deeds, contracts and other documents that convey interest in real property. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs title searches to verify property ownership for purpose of segregation and title transfer. Interprets complex legal descriptions and determines the effects of any instrument of title. Performs independent research as required to confirm accuracy of existing records. Corrects property records when evidence supports said corrections. Enters parcel change information into the system; investigates property history, interprets legal descriptions; using the system, calculates acreage and square footages and assigns parcel numbers according to specific procedures. Interacts effectively with the staff of the Geographic Information System (GIS) division and assists the public in resolving questions relating to the legal description of real property. Maintains the tax parcel layer of GIS on behalf of the Assessor's Office. Interprets and applies requirements of statutes and local ordinances as they apply to property conveyance and subdivision. Assists employees and the general public with requests for maps and information about legal parcels and land information. Prepares maps and reports for conversion of data from manually maintained form to digitally maintained form. Digitizes map data for insertion into the GIS database(s). Maintains real property records pertaining to ownership, acreage, value, tax status and legal description according to established procedures. dAdddir— JOB DESCRIPTION Composes concise legal descriptions sufficient for specific identification of parcels of real property. Processes surveys,boundary line adjustments,boundary line agreements, short plats, large lots, judgments, road right of ways, in-house combinations, and in-house separations. Effectively plan and organize work and complete tasks within prescribed timeframes. Utilizes advanced mathematics and coordinate geometry. Assists with the daily document recordings and parcel name changes. OTHER JOB FUNCTIONS: Supervision of other AFSCME Clerical positions within the Assessor's Office. Performs other duties as assigned. Has general knowledge of Title Examinations, Real Estate Law and Title 16 Growth Management Statutes. WORIONG CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. QUALIFICATIONS: Knowledge of • Instruments of title and their effect. • Standards for legal descriptions. • Advanced math skills and coordinate geometry. • Business English, spelling, punctuation, and formatting. • Microsoft Office. • Appraisal methods. • GIS methods and practices. Ability to: • Acquire and retain complex procedures. • Prepare and maintain electronic data processing records and reports. • Read and interpret maps, aerial maps, and legal descriptions. • Interpret and apply program information in making work decisions or in supplying information to others. • Effectively work with the public and other employees. JOB DESCRIPTION tgu • Work independently, prioritizing tasks to meet deadlines while maintaining accuracy and attention to detail. • Learn appraisal procedures. Education and Experience: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: A High School Diploma or GED. One year of experience involving real property and one year of land segregation experience directly related to the specific duties. Must attend the Fundamentals of the Assessor's Office training, IAAO course 101, Interpreting Legal Documents, and Current Use Administration training within 18 months of hire. I have read and understand the above position description: NAME: DATE: SIGNATURE: Human Resources Budget Management c"Uyrf Mason County Support Services Department Commissioner Administration Street 411 N 5 1n Emergency Management _ Shelton, WA 98584 Facilities, Parks&Trails Human Resources 360.427.9670 ext. 422 Information Services Labor Relations u Frank Pinter, Director Risk Management MEMORANDUM To: Board of County Commissioners, Patti McLean,Assessor, Vickie King, Chief Deputy Assessor From: Frank Pinter, Support Services Director Date: October 23, 2019 Subject: Real Property Technician Reclassification Request Union/Non Represented: AFSCME Current Range/Step: Range 20 Step 1-7 Salary:$42,304.80 -$54,214.80 Requested Range/Step: Range 21, Step 1-7 Salary:$43,999.92 -$55,633.20 Range 22, Step 1-7 Salary: $44,524.08 -$56,953.44 Range 23, Step 1-7 Salary: $45,632.88-$58,414.08 Requested New Title: Administrative Real Property Technician Background: (Per Department's Request) Additional administrative duties have been added to the Real Property Technician position, as well as more general knowledge and experience. Historically this position was performed by two people and is now being done by one person.Technology, law, legal descriptions, maps, and boundaries have all evolved over the years and become more detailed and now require more education and knowledge than before. Analysis: The Assessor is requesting a new classification titled Administrative Real Property Technician based on the position has evolved over time for a greater level of understanding of current technology, law, legal descriptions, maps, and boundaries, therefore requiring more education and knowledge than before. The request is also based on an increase in like duties as only one person performs the duties rather than two. There is no evidence to show the majority of the job duties have changed to the extent the job entails a different skill I set, which required increased education or experience in order to perform the essential job functions. Most employees working form Mason County have had to grow and expand their knowledge to perform their duties as laws and requirements have and will continue to change. HR Recommendation: Recommendation is to deny the request to reclassify Real Property Technician to Administrative Real Property Technician. HR Recommended Range/Step: No Change Salary: No Change RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Poliev INSTRUC'I'IONS: The following tactors may he considered as evidence of possible eligibility for reclassification: a. A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b. A majority of job duties have changed to the extent the job entails a different skill set, which requires increased education or experience in order to perform essential job functions. DATE. UNION: lJ UNION Ap� �t h1 OVgL;� ��v DEPARTMENT: s�Ss PREPARER: FI-SA STAT� FI-SA T`kHUMAN RESOURCES REVIEW: EXENDATE: , • . , . �L NON EXEMPT= REVIEWED BY: CURRENT JOB TITLE: LC CURRENT SALARY RANGE: PROPOSED NEW JOB TITLE: N t S J PROPOSED NEW SALARY RANGE: ATTACHMENTS: CURRENT JOB DESCRIPTIO PROPOSED JOB DESCRIPTION- BACKGROUND: ESCRIPTIOBACKGROUND: REQUEST tSrx-cificaily xnline dx job duties&i11c1V'tsc(l educitt'""rlrplir"c"Iti dd hich nxluin:a diffctrttt skill�c`I causing the Ilx�ni wd�YlllcatkNl CXMtic`nee l: - 0 BASIS OF REQUEST t Rew;on why tlx:lx)sition has now taken on the itew job duties,outside of their nomial type of work): ACTION REQUESTED: &Ct-, SS I F Elected Otficiab Departtnent Head Signature , _Date____ Human Resources Signature Date Does this request qualify for Reclassification!OYes ONo If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed? ❑ Yes❑ No If"YES" Human Resources must prepare the resolution and attachment's necessary. Date Approved: Once approved it is the responsibility of the department to submit a Personnel Action Form. J POSITION DESCRIPTION Title: Department: Real Pro ert Technician Assessor Affiliation: Reports to: AFSCME Chief De ut Assessor _ Exempt: Non-Exempt: X Supervises/Directs: Risk Class: None 5306-07 Established Date: Revision Date: 2017 Proposed with 2017-2019 CBA Union Approval Date: 2/21/2017 GENERAL DESCRIPTION: This position maintains the property tax roll including work relating to maps, legal descriptions, and accurate descriptions of complex deeds, contracts and other documents that convey interest in real property. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs title searches to verify property ownership for purpose of segregation and title transfer. Interprets complex legal descriptions and determines the effects of any instrument of title. Performs independent research as required to confirm accuracy of existing records. Corrects property records when evidence supports said corrections. Enters parcel change information into the system; investigates property history, interprets legal descriptions; using the system calculates acreage and square footages and assigns parcel numbers according to specific procedures. Interacts effectively with the staff of the Geographic Information System (GIS) division and assist the public in resolving questions relating to the legal description of real property. Maintains the tax parcel layer of GIS on behalf of the Assessor's Office. Interprets and applies requirements of statutes and local ordinances as they apply to property conveyance and subdivision. Assists employees and the general public with requests for maps and information about legal parcels and land information. Prepares maps and reports for conversion of data from manually maintained form to digitally maintained form. Digitizes map data for insertion into the GIS database(s). Maintains real property records pertaining to ownership, acreage, value, tax status and legal description according to established procedures. y POSITION DESCRIPTION �xu Composes concise legal descriptions sufficient for specific identification of parcels of real property. Processes surveys, boundary line adjustments, boundary line agreements, short plats, large lots, judgements, road right of ways, in-house combinations, and in-house separations. Effectively plan and organize work and complete tasks within prescribed timeframes. Utilizes advanced mathematics and coordinate geometry. Assists with the daily document recordings and parcel name changes. OTHER JOB FUNCTIONS: Provides back-up assistance to other AFSCME Clerical positions within the Assessor's Office. Performs other duties as assigned. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. QUALIFICATIONS: Knowledge of: • Instruments of title and their effect. • Standards for legal descriptions. • Advanced math skills and coordinate geometry. • Business English, spelling, punctuation, and formatting. • Microsoft Office. • Appraisal methods. • GIS methods and practices. Ability to: • Acquire and retain complex procedures. • Prepare and maintain electronic data processing records and reports. • Read and interpret maps, aerial maps, and legal descriptions. • Interpret and apply program information in making work decisions or in supplying information to others. • Effectively work with the public and other employees. • Work independently, prioritizing tasks to meet deadlines while maintaining accuracy and attention to detail. • Learn appraisal procedures. COvh r r POSITION DESCRIPTION Y Education and Experience: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: A High School Diploma or GED. One year of experience involving real property and one year of land segregation experience directly related to the specific duties. Must attend the Fundamentals of the Assessor's Office training, IAAO course 101, Interpreting Legal Documents, and Current Use Administration training within 18 months of hire. I have read and understand the above position description: Name: Date: Signature: JOB DESCRIPTION �xu FAAFSC,N,IE tle: Department: ministrative Real Property Technician Assessor filiation: Reports to: Chief De ut Assessor Exempt: Non-Exempt: X Su Supervises/Directs: Risk X306-07 Q A e- CA t ZF Established Date: I Revision Date: 2017 CBA 2017-3019 Union Approval Date: 2/21/2017 GENERAL, DESCRIPTION: This position maintains the property tax roll including work relating to maps, legal descriptions, and accurate descriptions of complex deeds, contracts and other documents that convey interest in real property. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs title searches to verify property ownership for purpose of segregation and title transfer. Interprets complex legal descriptions and determines the effects of any instrument of title. Performs independent research as required to confirm accuracy of existing records. Corrects property records when evidence supports said corrections. Enters parcel change information into the system; investigates property history, interprets legal descriptions; using the system, calculates acreage and square footages and assigns parcel numbers according to specific procedures. Interacts effectively with the staff of the Geographic Information System (GIS) division and assists the public in resolving questions relating to the legal description of real property. Maintains the tax parcel layer of GIS on behalf of the Assessor's Office. Interprets and applies requirements of statutes and local ordinances as they apply to property conveyance and subdivision. Assists employees and the general public with requests for maps and information about legal parcels and land information. Prepares maps and reports for conversion of data from manually maintained form to digitally maintained form. Digitizes map data for insertion into the GIS database(s). Maintains real property records pertaining to ownership, acreage, value, tax status and legal description according to established procedures. eo COO, JOB DESCRIPTION Iasi Composes concise legal descriptions sufficient for specific identification of parcels of real property. Processes surveys, boundary line adjustments, boundary line agreements, short plats, large lots, judgments, road right of ways, in-house combinations, and in-house separations. Effectively plan and organize work and complete tasks within prescribed timefrarnes. Utilizes advanced mathematics and coordinate geometry. Assists with the daily document recordings and parcel name changes. OTHER JOB FUNCTIONS: Supervision of other AFSCME Clerical Positions within the Assessor's Office. Performs other dutie=asassigned G,. _ Has general knowledge ofTitle Examinations, Real Estate Law and Title 16 Growth Management Statutes. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. QUALIFICATIONS: Knowledge of: • Instruments of title and their effect. • Standards for legal descriptions. • Advanced math skills and coordinate geometry. • Business English, spelling, punctuation, and formatting. • Microsoft Office. • Appraisal methods. • GIS methods and practices. Ability to: • Acquire and retain complex procedures. • Prepare and maintain electronic data processing records and reports. • Read and interpret maps, aerial maps, and legal descriptions. • Interpret and apply program information in making work decisions or in supplying information to others. • Effectively work with the public and other employees. c JOB DESCRIPTION Y • Work independently, prioritizing tasks to meet deadlines whip maintaining accurae� and attention to detail. • Learn appraisal procedures. Education and Experience: .4nv equivalent conthination oi' edtrcadon and epe►•ience, which provides the applicant trdth the knowledge. skilb, and abilities, required to perfo►-in the job. A typical wav to obtain the knowledge and(thilities ►r•ould he: 1 A High School Diploma or GED. 64of -t) experience involving real property and of land segregation experience directly related to the specific duties. Must attend the Fundamentals of the Assessor's Office training, [AAO course 101, Interpreting Legal Documents,and Current Use Administration training within 18 months of hire. I have read and understand the above position description: NAME: DATE: SIGNATURE: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: PATTI MCLEAN DEPARTMENT: ASSESSOR EXT: 498 BRIEFING DATE: OCTOBER 28, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance x Human Resources €Legal €Other — please explain ITEM: RECLASSIFICATION APPEAL EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): WE REQUESTED HUMAN RESOURCES RECLASSIFY THE REAL PROPERTY TECHNICIAN POSITION IN OUR OFFICE AND THEY DENIED THAT REQUEST. WE WOULD LIKE TO APPEAL THAT DECISION. BUDGET IMPACT: NONE PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: REVERSE THE DECISION OF HUMAN RESOURCES ATTACHMENTS: JOB DESCRIPTIONS AND DENIAL LETTER Briefing Summary 10/23/2019 �> Human Resources Budget Management CabN. Commissioner Administration �•` a rA�.., Mason County Support Services Department '# f` th Emergency Management 411 N 5 Street Shelton, WA 98584 Facilities, Parks&Trails t Human Resources 360.427.9670 ext. 422 Information Services Labor Relations 1851 Frank Pinter, Director Risk Management MEMORANDUM To: Board of County Commissioners, Patti McLean, Assessor, Vickie King, Chief Deputy Assessor From: Frank Pinter, Support Services Director Date: October 23, 2019 Subject: Real Property Technician Reclassification Request Union/Non Represented:AFSCME Current Range/Step: Range 20 Step 1-7 Salary: $42,304.80-$54,214.80 Requested Range/Step: Range 21, Step 1-7 Salary:$43,999.92 -$55,633.20 Range 22, Step 1-7 Salary: $44,524.08 -$56,953.44 Range 23, Step 1-7 Salary:$45,632.88 -$58,414.08 Requested New Title: Administrative Real Property Technician Background: (Per Department's Request)Additional administrative duties have been added to the Real Property Technician position, as well as more general knowledge and experience. Historically this position was performed by two people and is now being done by one person.Technology, law, legal descriptions, maps, and boundaries have all evolved over the years and become more detailed and now require more education and knowledge than before. Analysis: The Assessor is requesting a new classification titled Administrative Real Property Technician based on the position has evolved over time for a greater level of understanding of current technology, law, legal descriptions, maps, and boundaries,therefore requiring more education and knowledge than before.The request is also based on an increase in like duties as only one person performs the duties rather than two. There is no evidence to show the majority of the job duties have changed to the extent the job entails a different skill set,which required increased education or experience in order to perform the essential job functions. Most employees working form Mason County have had to grow and expand their knowledge to perform their duties as laws and requirements have and will continue to change. HR Recommendation: Recommendation is to deny the request to reclassify Real Property Technician to Administrative Real Property Technician. HR Recommended Range/Step: No Change Salary: No Change RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Police• INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a. A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b. A majority of job duties have changed to the extent the job entails a different skill set, which requires increased education or experience in order to perform essential job functions. DATE: UNION: � � ��^ EPARTMENT: PREPARER: UNION APP . -A'SSi�S S v FLSA STAT EXEMPT HUMAN RESOURCES REVIEW': DATE: f l t NON EXEMPT._] REVIEWED BY: CURRENT JOB TITLE: L CURRENT SALARY RANGE: PROPOSED NEW JOB TITLE: a ,\ S J E {nom PROPOSED NEW SALARY RANGE: ATTACHMENTS: `r CURRENT JOB DESCRIPTIO PROPOSED JOB DESCRIPTIO BACKGROUND: r D-A/ o F(SpLcificallytcjob duties&inciea5ed education requirements,which rLquim a different skill set causin�T die i�xrtaxd education - BASIS OF REQUEST(Reason why die position has now taken on the new job duties,outside of their non-nal type of work): ACTION REQUESTED: &6(,A 6S I F IA-T I D nJ Elected OfficiaL•'Department Head Signature ` Date 1 i Human Resources Signature Date Does this request qualify for Reclassification? ❑Yes ❑No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed? ❑ Yes ❑ No If"YES" Human Resources must prepare the resolution and attachment's necessary. Date Approved: Once approved it is the responsibility of the department to submit a Personnel Action Form. POSITION DESCRIPTION 3 Title: Department: Real Property Technician Assessor Affiliation: EH Reports to: [Established-Date: FSCME Chief Deputy Assessor xempt: Non-Exempt: X Supervises/Directs: sk Class: None 06-07 Revision Date: 2017oposed with 2017-2019 CBA Union Approval Date: 2/21/2017 GENERAL DESCRIPTION: This position maintains the property tax roll including work relating to maps, legal descriptions, and accurate descriptions of complex deeds, contracts and other documents that convey interest in real property. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs title searches to verify property ownership for purpose of segregation and title transfer. Interprets complex legal descriptions and determines the effects of any instrument of title. Performs independent research as required to confirm accuracy of existing records. Corrects property records when evidence supports said corrections. Enters parcel change information into the system; investigates property history, interprets legal descriptions; using the system calculates acreage and square footages and assigns parcel numbers according to specific procedures. Interacts effectively with the staff of the Geographic Information System (GIS) division and assist the public in resolving questions relating to the legal description of real property. Maintains the tax parcel layer of GIS on behalf of the Assessor's Office. Interprets and applies requirements of statutes and local ordinances as they apply to property conveyance and subdivision. Assists employees and the general public with requests for maps and information about legal parcels and land information. Prepares maps and reports for conversion of data from manually maintained form to digitally maintained form. Digitizes map data for insertion into the GIS database(s). Maintains real property records pertaining to ownership, acreage, value, tax status and legal description according to established procedures. *epi' coirti � rr POSITION DESCRIPTION �.0 Composes concise legal descriptions sufficient for specific identification of parcels of real property. Processes surveys, boundary line adjustments, boundary line agreements, short plats, large lots, judgements, road right of ways, in-house combinations, and in-house separations. Effectively plan and organize work and complete tasks within prescribed timeframes. Utilizes advanced mathematics and coordinate geometry. Assists with the daily document recordings and parcel name changes. OTHER JOB FUNCTIONS: Provides back-up assistance to other AFSCME Clerical positions within the Assessor's Office. Performs other duties as assigned. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. QUALIFICATIONS: Knowledge of: • Instruments of title and their effect. • Standards for legal descriptions. • Advanced math skills and coordinate geometry. • Business English, spelling, punctuation, and formatting. • Microsoft Office. • Appraisal methods. • GIS methods and practices. Ability to: • Acquire and retain complex procedures. • Prepare and maintain electronic data processing records and reports. • Read and interpret maps, aerial maps, and legal descriptions. • Interpret and apply program information in making work decisions or in supplying information to others. • Effectively work with the public and other employees. • Work independently, prioritizing tasks to meet deadlines while maintaining accuracy and attention to detail. • Learn appraisal procedures. r POSITION DESCRIPTION Education and Experience: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: A High School Diploma or GED. One year of experience involving real property and one year of land segregation experience directly related to the specific duties. Must attend the Fundamentals of the Assessor's Office training, IAAO course 101, Interpreting Legal Documents, and Current Use Administration training within 18 months of hire. I have read and understand the above position description: Name: Date: Signature: Opp JOB DESCRIPTION Title: Department: Administrative Real Pro ertTechnician Assessor Affiliation: Reports to: AFSCME Chief De ut Assessor Exempt: Non-Exempt: X Supervises/Directs: Risk Class: CA's, L - ����'�- �J�C�� 5sta i Of E.5�7� `T' C�l; 1 u- ( Established Date: Revision Date: 2017 CBA 2017-2019 Union Approval Date: 2/21/2017 GENERAL DESCRIPTION: This position maintains the property tax roll including work relating to maps, legal descriptions, and accurate descriptions of complex deeds, contracts and other documents that convey interest in real property. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs title searches to verify property ownership for purpose of segregation and title transfer. Interprets complex legal descriptions and determines the effects of any instrument of title. Performs independent research as required to confirm accuracy of existing records. Corrects property records when evidence supports said corrections. Enters parcel change information into the system; investigates property history, interprets legal descriptions; using the system, calculates acreage and square footages and assigns parcel numbers according to specific procedures. Interacts effectively with the staff of the Geographic Information System (GIS) division and assists the public in resolving questions relating to the legal description of real property. Maintains the tax parcel layer of GIS on behalf of the Assessor's Office. Interprets and applies requirements of statutes and local ordinances as they apply to property conveyance and subdivision. Assists employees and the general public with requests for maps and information about legal parcels and land information. Prepares maps and reports for conversion of data from manually maintained form to digitally maintained form. Digitizes map data for insertion into the GIS database(s). Maintains real property records pertaining to ownership, acreage, value, tax status and legal description according to established procedures. k JOB DESCRIPTION Composes concise legal descriptions sufficient for specific identification of parcels of real property. Processes surveys, boundary line adjustments, boundary line agreements, short plats, large lots, judgments, road right of ways, in-house combinations, and in-house separations. Effectively plan and organize work and complete tasks within prescribed timeframes. Utilizes advanced mathematics and coordinate geometry. Assists with the daily document recordings and parcel name changes. OTHER JOB FUNCTIONS: Supervision of other AFSCME Clerical ositions within the Assessor's Office. Performer dduties a�ass igne.d�0.r� Has �le�d e of Title Exami general kno� ami � g nations, Real Estate Law and Title 16 Growth Management Statutes. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. QUALIFICATIONS: Knowledge of: • Instruments of title and their effect. • Standards for legal descriptions. • Advanced math skills and coordinate geometry. • Business English, spelling, punctuation, and formatting. • Microsoft office. • Appraisal methods. • GIS methods and practices. Ability to: • Acquire and retain complex procedures. • Prepare and maintain electronic data processing records and reports. • Read and interpret maps, aerial maps, and legal descriptions. • Interpret and apply program information in making work decisions or in supplying information to others. • Effectively work with the public and other employees. .. _..._ JOB DESCRIPTION lssf • Work independently, prioritizing tasks to meet deadlines while maintaining accuracy and attention to detail. • Learn appraisal procedures. Education and Experience: Any equivalent combination of education and arperience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be. QAHIgh School Diploma or GED. of experience involving real property and of land segregation experience directly related to the specific duties. Must attend the Fundamentals of the Assessor's Office training, IAAO course 101, Interpreting Legal Documents, and Current Use Administration training within 18 months of hire. I have read and understand the above position description: NAME: DATE: SIGNATURE: LOCAL ECONOMIC DEVELOPMENT PROGRAM APPLICATION Contact Name(s) JENNIFER BARIA Address 310 W. COTA STREET City, State, Zip SHELTON, WA 98584 Fax & e-mail (360) 426-2276 &JENNIFER@CHOOSEMASON.COM Signature and position of person authorizing submittal of application EXECUTIVE DIRECTOR 10.08.2019 Signature Position Date Project Title: MASON COUNTY ECONOMIC DEVELOPMENT Total Project Cost $332,996 Amount raised to date $ Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No Is this a phased project [ ] Yes [X] No, If yes number of phases number of years Requested loan amount $N/A Requested grant amount $70,040 1. Briefly describe the project, project start date, jurisdictions or private entities involved and their phases and timing, and which phases(s) of the project would be funded by loan or grant? The Economic Development Council of Mason County (EDC) is Mason County's Associate Development Organization (ADO), partnering with the BOCC, Ports, the city of Shelton, and a broad variety of stakeholders to drive economic growth in our community. We are a non- profit, non-partisan organization promoting economic well-being and quality of life for Mason County, by actively recruiting new employers and by retaining and supporting the growth of existing employers, thereby expanding jobs that facilitate growth, enhance wealth and provide a stable tax base. 2. Explain how the project satisfies economic development and priorities. The EDC's mission is to promote the economic vitality and growth of Mason County. We support that primary mission of business recruitment and development with an array of efforts to ensure an attractive business environment, ready and able workforce, and the necessary infrastructure to support a thriving economy as well as developing and curating economic data required by the County, the Department of Commerce, and other stakeholders. Our work starts locally by retaining and expanding existing businesses to ensure that our foundation is strong. We help communities understand local business needs and respond — so that businesses stay, grow, and become more deeply rooted in the community. We continue to build our business retention and expansion program to provide community leaders with advanced warning about problems that may lead to a closure. The work involves (1) building solid relationships with the business owners or plant managers of the employers in the community, (2) regularly collecting data on both individual companies and their industry sectors, (3) analyzing and tracking the collected data in order to predict its behavior, (4) assisting the company in solving problems that may cause them to move or close, (5) looking for opportunities to grow the businesses in their communities. The EDC also works to attract businesses to provide new jobs and needed goods and services to the community. This work requires current and accurate research to target companies that would fit well in our community and support our economic ecosystem. We have started a focused outreach to companies that are industry-related to or interdependent with industries currently established in Mason County and are using third party lead generators to extend our reach and penetration. While there are many activities that fall under the EDC's scope, a key component to all our work is communication. Effective economic development marketing differentiates the community through thoughtful messaging, engages rather than intrudes, and informs and educates. Through effective marketing, Mason County has positioned itself more strategically for growth, with both current and local business. Of equal importance, our marketing and communications initiative will continue to help educate and engage our community regarding the organization's activities and will bring increased awareness to the citizenry about the efforts of EDC and our many partners to expand business opportunities and bring new and better jobs to our community. The EDC will work to strengthen focus on Mason County's capacity-building needs and help structure a strategic and targeted approach for securing those final infrastructure dollars. This is a key component in establishing and maintaining a robust economic ecosystem by helping to build capacity that contributes to individual, business, and county-wide success. 3. Will this project be a public facility which is listed in economic development plan officially adopted by the county? [ ] Yes [X] No 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. N/A 5. Has other funding been secured? [X] Yes [ ] No. If yes, list source(s) of funding. The EDC is currently in the process of negotiating contracts for 2020. We expect to secure and maintain all existing contracts and investment support. 6. Please list other funding sources, which have been pursued or currently pursued. CONTRACT: $248,606 PUBLIC: $10,440 PRIVATE: $73,950 7. Please indicate the number of full-time, permanent jobs this project will create. Create in 1-3: 100 Create in 4-5 years: N/A Create in 6-10 years: Number of jobs retained: 100 8. Please indicate number of businesses that will directly benefit from the public facility. While this is not a public facility, the EDC has set a strategic goal of assisting a minimum of 125 businesses in 2020. 9. Please list other significant factors about the project that should be considered. The EDC is continuing to work recruiting identified industries that can benefit from the County's assets and match the economic development vision of the community, we have noticed a significant gap in the county's industrial lands and their access to necessary utilities. Over the next year, we have prioritized work around identifying, cataloging and potentially rezoning areas that will better support Mason County recruitment efforts. As mentioned in item number two, the EDC will work to strengthen focus on Mason County's capacity-building needs and help structure a strategic and targeted approach for securing those final infrastructure dollars. This will be developed from the current prioritized CEDS Project List. 10. List, in detail, how the money requested would be spent on the proposed project. Funding will be used to continue offering an array of business development programs and initiatives to assist entrepreneurs in starting and growing their business, support local companies, and promote the area for future investment. These include but are not limited to: • Actively recruiting new employers • Outreach to existing Mason County employers • Site selection services • Economic and demographic data • Research and comparative analysis • Prioritize infrastructure projects and coordinate funding efforts • Workforce and job training information • Entrepreneurship training o Annual Shelton High School Business Plan Competition o Olympic College Entrepreneur Camp o Microenterprise Business Builder Course • Business plan assistance • Access to financing organizations • Identifying collaboration opportunities • Key introductions • Tax research and incentives • Facilitation with permitting processes • Personalized briefings and orientations • Public relations and media coordination • Counsel and advice 2019-2020 COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGIES PROJECT LIST Funding Fri Lead Organization Partnerships Project Title Project Type Funding Tota I Cost Secured Funding Request Federal,Ot Mason County PW Mason County,City of Bremerton Belfair Sewer,North Extension/Belfair Freight Corridor/ Utilities,Economic Development $14,000,000 $1,000,000 City of $2,250,000 State PSIC Bremerton,$250,000 construction Mason County, E $10,525,000 Leg. Mason County PW DOT,Mason Transit,Belfair Community,Utilities, SR3 Freight Corridor-Romance Hill Connector Utilities,Transportation,Public Safety,Land $1,320,000 $ 220,000.00 $ 1,100,000.00 State PAC Use,Economic Development Mason County PW DOT,Navy,Mason Transit,Belfair Community, Belfair UGA east of SR3 and west of new Freight Corridor utilities,Transportation,Public Safety,Land $1,920,000 $ 320,000.00 $ 1,600,000.00 State Utilities,PAC Use,Economic Development 4 Mason County PW DOT,Mason Transit,Utilities Trails Road Alternative-Razor Road Extension Utilities,Transportation,Public Safety,Land $2,500,000 $ 750,000.00 $ 1,750,000.00 State Use,Economic Development Mason County PUD No.3 Hoods Canal Communications,iPiberOne,NoaNet, Mason County Fiberhoods-Rural Broadband Fiber Networks utilities,Public Safety,Healthcare,Economic $5,279,044 $TBD-Mason PUD 3 State §.`. businesses,residents,community groups within Development Fiberhood Program project areas Mason County PUD No.3 Taylor Shellfish,Squaxin Island Tribe,businesses, Totten Substation Utilities,Economic Development $3,000,000 $TBD-Mason PUD 3 Federal residents Fiberhood Program 7 City of Shelton Evergreen Safe Routes to School Transportation $1,000,000 $ Federal 202: j 8 ;City of Shelton Squaxin Island Tribe Sanitation Plant Reclaim Water Tank Utilities $2,000,000 $ State:DOE 9„ City of Shelton Intersection Improvements on Wallace Kneeland Boulevard Transportation,Economic Development $2,000,000 $650,000 $ 1,350,000.00 State I Mason Transit Authority WSDOT Transportation Division,Mason county, Park&Ride Development Transportation,Utilities,Land Use,Economic 1$10,285,000 $4,750,000 RMG Complete-renew I State lOE City of Shelton SU Alliance(consulting) Development,Public Safety,Environmental $4,585,000 Leg. efforts annual E City of Shelton Evergreen Town Square Community Development $1,500,000 $ C#"f-� Masen Geunty Hi48Fieal MUSeUFS Gammunivy,DevelelpfflentX899 COMPLETE[ 1�8R ShPItAR r VOC r,......,PaFkiAg i..F o-...:.,.. TransISertatien BQ COMPLETE[ City of Shelton Well 1 Water Main utilities $2,000,000 $ Mason County PW DOT,Port of Allyn,Mason Transit,Allyn Allyn Parking Improvements Utilities,Transportation,Land Use,Economic TBD $ Community Development Mason County PW DOT,Port of Allyn,Mason Transit,Allyn Allyn Street Network Planning,Design,and ROW Utilities,Transportation,Land Use,Economic $25,000 $ Community Preservation Development Mason County PW Port of Allyn,Mason Transit,Allyn Community Allyn Street Network ROW Preservation Utilities,Transportation,Land Use,Economic $300,000 $ Development -, "-- - $$39,,900 $ COMPLETE[ UtiRt esaAE Mason County PW Belfair Sewer Collection System Expansion Utilities TBD $ Mason County PW Rustlewood Sewer System Inflow&Infiltration(I&I) Utilities $450,000 $ Reduction Mason County PW DOT,Port of Allyn,Mason Transit,Allyn SR3 Complete Street Improvements and Intersection Control Utilities,Transportation,Land Use,Economic TBD $ Community Analysis(ICA) Development Mason Transit Authority WSDOT,Mason County Allyn Transit Center Planning project Transportation $50,000 $ Mason Transit Authority WSDOT,Mason county(Hoodsport Master Plan Hoodsport Transit Center PlanningTransportation $50,000 $ Inclusion) + ;Mason Transit Authority Johns Prairie Facility Upgrade/Construction Transportation $2,500,000 $ $ 2.500,000.00 . + Mason Transit Authority Maintenance Shap Modification Transportation $300,000 $ $ 240,000 00, + Mason Transit Authority Construct Maintenance Wash Facility Transportation $500,000 $ $ 5001000-001 Port of Shelton ;Aviation Business Park Economic Development $20,000,000 $ Port of Shelton Tenant Consolidation&Expansion Economic Development $2,500,000 $