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Home My WebLink About2019/12/10 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 December 10, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release - Mason County Heritage Grant Cycle Staff: Michael MacSems 4.3 News Release - Free Christmas Tree Recycling Staff:Richard Dickinson 4.4 News Release - 2020 Solid Waste Rate Increases Staff: Richard Dickinson 4.5 News Release - 2020 Water and Sewer System Rate Increases for North Bay, Rustlewood and Beards Cove Staff: Richard Dickinson 4.6 News Release— 2020 United Way Day of Caring — Free Dump Day Staff: Richard Dickinson 4.7 Green Star Presentation 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes — November 18 and December 2, 2019 Briefing Minutes. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of the Interlocal Agreement between Mason County and the Mason County Fire Chief Association for fire investigative services. 8.2 Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider approving the franchise agreement applications between Mason County and the following water systems: • Emerald Lake Community Club, Inc. • Clifton Beach Tracts Co-Op Water Association. • Lake Christine Community Club • Kamilche Shores Community Association • Lakeland Village Water Company • Paradise Service Assocation • PUD #1 • Tahuya River Valley Water District • Timberlakes Community Club Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 12/05/19 1:57 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 COMMISSIONERS' MEETING AGENDA December 4, 2018— PAGE 2 8.3 Approval of a resolution establishing load/lane limits for traffic control on the following six Mason County Bridges: • Stretch Island Bridge • Hliboki Bridge • Gosnell Creek Bridge • Eich Road (1) Bridge • Eich Bridge • Carlson Bridge 8.4 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant#s 8068519-8068894 $ 383,934.11 Direct Deposit Fund Warrant#s $ Salary Clearing Fund Warrant#s $ Treasurer Electronic Remittance for November 2019 $ 1,171,293.80 8.5 Approval to enter into a professional Services Lump Sum Consultant Agreement with Puget Environmental, PLLC. For the mitigation of the soil exposure for the selected properties using their cleanup proposal and cost estimate developed for the eight properties whose soil was affected by the Trails End Lake Chip Sealing incident. 8.6 Approval to have the Board authorize the payback of 2018 traffic diversion dollars in the amount of$102,425.21 to County Road from Non-Departmental for the buyout of two Chevy Tahoe's (K9 units) and 25% buy-down of two Ford Explorers. 8.7 Approval of the Resolution adopting the 2019-2020 Comprehensive Economic Development Strategy (CEDS) project list as recommended by the Mason County Economic Development Council. 8.8 Approval to reappoint Andrew Kinney to the Mason County Parks & Recreation Board to represent District 3 for a three-year term ending December 31, 2022. 8.9 Approval to allow the Information Technology Manager to sign a 5-year Pole Attachment License Agreement with PUD #3. 8.10 Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2019 assessment year. 8.11 Approval of the following awards from the Rural County Sales & Use Tax fund (.09): $70,040 to the Mason County Economic Development Council in 2020 for business retention, expansion, recruitment projects and economic development planning as allowed in RCW 82.14.370 and enter into a contract; $450,000 for years 2020 &2021 for the Belfair Sewer. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for collection in 2019. Continued from November 26, 2019 Staff: Jennifer Beierle 10.2 Public Hearing to consider approval of the following budget supplemental appropriations and amendments to the 2019 budget: Budget Impacts: • $120,267 Decrease to Current Expense, Fund 001, Ending Fund Balance • $51,125 Decrease to Community Support Services, Fund 117, Ending Fund Balance • $250,000 Decrease to Mental Health Tax, Fund 164, Ending Fund Balance Total Budget Supplemental Appropriation Requests: • General Fund $206,483 • Other Funds $789,700 Total Budget Amendment Requests: • General Fund $120,267 • Other Funds $301,125 Staff: Jennifer Beierle J:\AGENDAS\2019\2019-12-10 REG.doc MASON COUNTY COMMISSIONERS' MEETING AGENDA December 4, 2018—PAGE 3 10.3 Public hearing to consider updating smoking policies found in Mason County Code Title 2, Chapters 2 and 9 to include vaping free areas. Staff: Dave Windom. 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-12-10 REG.doc cies MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: December 10, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Mason County Fire District # 4 sent in their Levy. 4.1.2 Seattle Shellfish sent in a letter to inform the County Commissioners that the US Army Corps has put a stop work order prohibiting them from doing any bed preparation or seeding or harvest on your farm. 4.1.3 State of Washington Department of Health sent in an Administrative order reclassifying a portion of the Hood Canal 6 commercial shellfish growing area near Big Bend Creek. 4.1.4 Bureau of Indian Affairs sent a letter stating that Squaxin Tribe has applied to put real property in to trust. 4.1.5 City of Shelton sent in their Levy for calendar year 2020. Attachments: Originals on file with the Clerk of the Board. cc:CMMRS Neatherlin,Shutty&Trask Clerk Department of Revenue Ordinance / Resolution No. t $Cr Washington Statee � RCW 84.55.120 WHEREAS,the 60Q.r,A J (-6MWLiSS1,W of MGRS(v% f;'t-c has met and considered (Governing body of the taxing district) (Name of the taring district) its budget for the calendar year ZoZ-o ;and, WHEREAS,the districts actual levy amount from the previous year was $ Q�( ( 1 and, (Previous year's levy amount) WHEREAS,the population of this district is ❑ more than or [4ess than 10,000; and now,therefore, (Check one) BE IT RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 247-D tax year. (Year of collection) The dollar amount of the increase over the actual levy amount from the previous year shall be$ 2$,0 1 2.S Z Y, which is a percentage increase of Z,$Z %from the previous year. This increase is exclusive of (Percentage increase additional revenue resulting from new construction,improvements to property,newly constructed wind turbines, solar,biomass,and geothermal facilities,and any increase in the value of state assessed property,any annexations that have occurred and refunds made. aaF Baat��d 1*�'4 Adopted this 2_-1 day of �6 6 lre lM jav/ - '� LS If additional signatures are necessary,please attach additional page. This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax levies. A certified budget/levy request, separate from this form is to be filed with the County Legislative Authority no later than November 30'''.As required by RCW 84.52.020,that filing certifies the total amount to be levied by the regular property tax levy.The Department of Revenue provides the"Levy Certification"form(REV 64 0100) for this purpose.The form can be found at: http://dor.wa.gov/docs/forms/Prol2Tx/Fonns/LevyCertf.doc. To ask about the availability of this publication in an alternate format,please call 1-800-647-7706.Teletype TTY users ma use the Washington Relay Service by calling 711.For tax assistance,call(360)534-1400. MC [ OMI REV 64 0101 a(w)(12/9/14) NOV 2 7 2019 A4ASON COUNTY COMMISSIONERS cc:CMMRS Neatherlin,Shutty&Trask Clerk Department of Revenue Ordinance / Resolution No. t $Cr Washington Statee � RCW 84.55.120 WHEREAS,the 60Q.r,A J (-6MWLiSS1,W of MGRS(v% f;'t-c has met and considered (Governing body of the taxing district) (Name of the taring district) its budget for the calendar year ZoZ-o ;and, WHEREAS,the districts actual levy amount from the previous year was $ Q�( ( 1 and, (Previous year's levy amount) WHEREAS,the population of this district is ❑ more than or [4ess than 10,000; and now,therefore, (Check one) BE IT RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 247-D tax year. (Year of collection) The dollar amount of the increase over the actual levy amount from the previous year shall be$ 2$,0 1 2.S Z Y, which is a percentage increase of Z,$Z %from the previous year. This increase is exclusive of (Percentage increase additional revenue resulting from new construction,improvements to property,newly constructed wind turbines, solar,biomass,and geothermal facilities,and any increase in the value of state assessed property,any annexations that have occurred and refunds made. aaF Baat��d 1*�'4 Adopted this 2_-1 day of �6 6 lre lM jav/ - '� LS If additional signatures are necessary,please attach additional page. This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax levies. A certified budget/levy request, separate from this form is to be filed with the County Legislative Authority no later than November 30'''.As required by RCW 84.52.020,that filing certifies the total amount to be levied by the regular property tax levy.The Department of Revenue provides the"Levy Certification"form(REV 64 0100) for this purpose.The form can be found at: http://dor.wa.gov/docs/forms/Prol2Tx/Fonns/LevyCertf.doc. To ask about the availability of this publication in an alternate format,please call 1-800-647-7706.Teletype TTY users ma use the Washington Relay Service by calling 711.For tax assistance,call(360)534-1400. MC [ OMI REV 64 0101 a(w)(12/9/14) NOV 2 7 2019 A4ASON COUNTY COMMISSIONERS Department of Revenue Washington State Ordinance / Resolution No. -7 E��S RCW 84.55.120 WHEREAS, the �zac,�rd 6� C V%,;S01,-W S of (VV.-S 0^ Pl'rc Ll has met and considered (Governing body of the taxing district) (Name of the taxing district) its budget for the calendar year Zo 2-0 ; and, WHEREAS, the districts actual levy amount from the previous year was $ 3L{9 ,L4 I i - lo, ; and, (Previous year's levy amount) WHEREAS,the population of this district is ❑ more than or E�,Gs than 10,000; and now,therefore, (Check one) BE IT RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2-02-0 tax year. (Year of collection) The dollar amount of the increase over the actual levy amount from the previous year shall be$ D Z( ,cyl -,x, which is a percentage increase of Z5 % from the previous year. This increase is exclusive of (Percentage increase)-7!( r &1-:t �Rte+^l� additional revenue resulting from new construction,improvements to property,newly constructed wind turbines, solar,biomass, and geothermal facilities, and any increase in the value of state assessed property, any annexations that have occurred and refunds made. Adopted this 2-'1 day of O,retv�lo� Zit 9 �7 i4,oi! If additional signatures are necessary,please attach additional page. This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax levies. A certified budget/levy request, separate from this form is to be filed with the County Legislative Authority no later than November 30`''. As required by RCW 84.52.020,that filing certifies the total amount to be levied by the regular property tax levy.The Department of Revenue provides the"Levy Certification"form(REV 64 0100) for this purpose. The form can be found at: http://dor.wa.gov/docs/forms/PropTx/Forms/LevvCertf.doc. To ask about the availability of this publication in an alternate format,please call 1-800-647-7706.Teletype(TTY)users may use the Washington Relay Service by calling 711.For tax assistance,call(360)534-1400. REV 64 0101e(w)(12/9/14) cc: CMMRS Neatherlin, Shutty&Trask 42 AT 7"t04% Clerk • • L�F November 191h, 2019 Mason County Treasurer c/o Mason County Commissioner Trask 411 ".1 5th St Shelton WA 98584 Dear Commissioner Trask, We have just received notification from the US. Army Corps regarding our permit we use to farm your property. You will receive a copy of the same letter in the next few days. The Corps has issued a stop work order prohibiting us from doing any bed preparation, seeding, or harvest on your farm and a dozen other leases we farm until this matter is resolved. Routine maintenance activities are still allowed. The Corps has cited us for using tube/cups as a predator control device. These are devices that were made from plastic drinking cups that we put out that we thought were not only better for the environment but which we also believed were a permitted use under the Nationwide Permit. They weighed less than 10% of our PVC tubes, were more stable in the beach, and not as prone to getting loose. We are in the process of removing and or replacing all tube/cups on all beaches now. We do not anticipate that this will be a major problem and that the issue will be resolved in short order. Please don't hesitate to call if you have any questions. Sincerely, Jim Gibbons DEC 02 2019 Mason County Commissioners Seattle Shellfish LLC 2101 41h Ave E •Suite 201 • Olympia,WA 98506 • (360)236-0462 • Fax(360)236-0471 _ _ _ _r; .. .. � - .. - ,. .. - _ �. .� _. � - .. '. - �. � 1 . .� - � ,'� .. � � � ., CC: CMMRS Neatherlin, Shutty&Trask Clerk STAr$0 6 s yo) gess do STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY PO Box 47824.Olympia, Washington 98504-7824 (360) 236-3330 • TDD Relay Service 1-800-833-6384 (TDD/TTY 711) November 26, 2019 The Honorable Kevin Shutty, Chair Mason County Board of Commissioners 411 North 5th Avenue Shelton, Washington 98584 Dear Commissioner Shutty: Enclosed is an Administrative Order reclassifying a portion of the Hood Canal 6 Commercial Shellfish Growing Area near Big Bend Creek in Mason County from Conditionally Approved to Approved. This change in classification is prompted by the results of a comprehensive review of pollution conditions and marine water quality data, which indicates that significant improvements have been made in sanitary conditions within the Hood Canal 6 (Big Bend Creek) watershed. The area being reclassified is identified by boundary lines in Map 5 of the enclosed Sanitary Survey report and Exhibit A of the Administrative Order. If you have any questions, please contact Jean Frost at(360) 236-3349. Sincerely, -z' Todd Phillips, R.S. Office Director Enclosures - CERTIFIED RETURN RECEIPT STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY MASTER CASE NO. M2019-1154 In the Matter of the Reclassification of the ) FINDINGS OF FACT, Commercial Shellfish Growing Area in ) CONCLUSIONS OF LAW AND INITIAL Hood Canal 6 ) ORDER: RECLASSIFYING THE COMMERCIAL SHELLFISH GROWING AREA 1 To: The Honorable Kevin Shutty, Chair 2 Mason County Board of Commissioners 3 411 North 5th Avenue 4 Shelton, Washington 98584 5 6 SECTION 1. FINDINGS OF FACT 7 1.1 Under RCW 69.30.050 and WAC 246-282, the Department of Health has the authority 8 and responsibility to inspect and certify all commercial shellfish growing areas. 9 1.2 Under WAC 246-282-005(1), the Department certifies commercial shellfish growing 10 areas based on the Growing Area Classification defined under Section IV.@.03 of the 11 National Shellfish Sanitation Program Model Ordinance ("the NSSP"). 12 1.3 The Department has analyzed water quality data and reviewed pollution source 13 information for the commercial shellfish growing area in Hood Canal 6. The 14 Department's evaluation is attached to this Initial Order and is a part of this Initial Order. 15 1.4 The results of the Department's evaluation demonstrate that a part of the commercial 16 shellfish growing area that is currently classified as Conditionally Approved now meets 17 the standards for an Approved classification under the NSSP. 18 1.5 The area being changed in classification from Conditionally Approved to Approved in 19 Hood Canal 6 is shown in EXHIBIT A. 20 21 SECTION 2. CONCLUSIONS OF LAW 22 Based on the foregoing Findings of Fact, the Department makes the following 23 Conclusions of Law: 24 2.1 The Department of Health, Office of Environmental Health and Safety, has jurisdiction 25 over this matter. 26 2.2 Under RCW 69.30, WAC 246-282-005(1), and the NSSP, the findings of the 27 Department's evaluation of water quality data and pollution source information require 28 that the commercial shellfish growing area be reclassified as shown in EXHIBIT A. 29 2.3 Under RCW 34.05.461 and 43.70.115(2)(x), the Secretary of Health may determine 30 when this Initial Order may become a Final Order. 31 32 SECTION 3. INITIAL ORDER 33 Based on the foregoing Findings of Fact and Conclusions of Law and under the authority 34 of RCW 34.05.461, the Secretary enters the following Initial Order: 35 IT IS HEREBY ORDERED that the commercial shellfish growing area in Hood 36 Canal 6 SHALL BE RECLASSIFIED as Approved as shown in EXHIBIT A. 37 IT IS FURTHER ORDERED that you may request a hearing in this matter. 38 IT IS FURTHER ORDERED that this Initial Order will become a Final Order 39 without further notice thirty-five (35) days from date of signature, unless you request a 40 hearing in the time frame specified below. 41 42 SECTION 4. REQUEST FOR ADJUDICATIVE PROCEEDING (HEARING) 43 If you wish to contest this decision, you (or your representative) must file a request for a 44 hearing within twenty-eight (28) days after you receive this document. To do this, you (or your 45 representative) must complete and file the "Application for Adjudicative Proceeding" that is 46 enclosed or complete and file a document that provides the same information. You must file the 47 request with the Department of Health's Adjudicative Service Unit in a way that shows that the 48 Adjudicative Service Unit received the request. 49 If you do not file a request within twenty-eight (28) days of your receipt of this decision, 50 your right to a hearing will be waived, and this Initial Order will become a Final Order without 51 further notice to you. 52 You must attach a copy of this Initial Order to your request. FILING IS NOT COMPLETE 53 UNTIL THE ADJUDICATIVE SERVICE UNIT ACTUALLY RECEIVES YOUR REQUEST. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360)236-4672 APPLICATION FOR ADJUDICATIVE PROCEEDING MASTER CASE NO. M2019-1154 IF YOU WISH TO REQUEST AN ADJUDICATIVE PROCEEDING in the above-referenced matter, you or your representative must, within twenty-eight (28) days of your receipt of this decision, complete and file this Application or a document providing substantially the same information with the Department's Adjudicative Service Unit in a manner that shows proof of receipt by Adjudicative Service Unit. FAILURE to submit an Application within twenty-eight (28) days of your receipt of the decision will constitute waiver of your right to an adjudicative proceeding, and the Department may decide this matter without your participation and without further notice to you. In what follows, please check the appropriate response. I do ❑ request an ADJUDICATIVE PROCEEDING in this matter. IF YOU DO NOT WISH TO CONTEST THE DEPARTMENT'S DECISION, YOU DO NOT NEED TO FILE THIS APPLICATION. If you file an Application with the Adjudicative Service Unit, you must attach a copy of the Department's decision. FILING SHALL NOT BE DEEMED COMPLETE UNTIL THE ADJUDICATIVE SERVICE UNIT RECEIVES YOUR APPLICATION. If, by filing an Application, you have requested an adjudicative proceeding, it may be conducted as a formal hearing, at which you would have the opportunity to respond, present evidence and argument, conduct cross-examination and submit rebuttal evidence. Alternatively, you may waive the formal hearing and submit a written statement and supporting documents, which may set out your position, your defenses and any mitigating circumstances that you may wish to bring to the Department's attention. In what follows, please check the appropriate response and provide the information requested. I do ❑ do not❑ waive my right to a formal hearing in this matter. If you have chosen to waive your right to a formal hearing, please indicate whether you are ❑ are not ❑ submitting any documents to the Department in support of your position. If you are submitting documents to the Department, please list and briefly identify all such documents in the space provided and on such additional sheets as may be necessary: Whether or not you have chosen to waive your right to a formal hearing in this matter, please state all grounds for contesting the Department's decision in the space provided and on such additional sheets as may be necessary: Exhibit A, Map 1 : Hood Canal 6 Growing Area; Current Classifications • • • 309 291 292 Classification Sampling Stations N - Approved 0 0 Conditional W E • - Restricted - Prohibited 5 - Unclassified 0 0.05 0.1 Miles Exhibit A, Map 2: Hood Canal 6 Growing Area; Proposed Classifications 40 47.3502 N 47.3499 N 47.3501 N 123.0707 W 123.0699 W 123.0726 W 47.3496 N i1 309 123.0695 W .. , 47.3496 N I 291 123.0679 W w • a • • • 74 3482 N � 123.0679 W 47.3484 N 123.0706 W Classification Sampling Stations N - Approved 0 Conditional W E • - Restricted _ Prohibited s - Unclassified 0 0-05 0.1 Miles Addendum to the 2016 Sanitary SurveyReport of Hood Canal 6 October 2019 Washington State Deprtment of 141* a Heal th WASHINGTON STATE DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY Prepared by: David Kangiser/Jean Frost } Summary _ This Addendum changes the classification of approximately 10 acres of commercial shellfish harvest area within Hood Canal 6 near Big Bend Creek and Alderbrook Resort from Conditionally Approved to Approved and removes the rainfall condition on 7 acres of the Conditionally Approved harvest area that overlaps with the seasonal closure area near Alderbrook Resort. It also removes closures on parcels 32232-50-81005, 32232-50-81004, 32232-50-81001, 32232-50-10902, 32232-50-10903, 32232- 50-11001, 32232-50-11002, and 32233-88-88888 near Big Bend Creek and Calm Cove. The Washington State Department of Health (Department) examined the most recent water quality data from the Conditionally Approved portion of Hood Canal 6 and found that Marine Station 292 meets National Shellfish Sanitation Program (NSSP) numeric criteria for an Approved classification. Department staff followed conditional area upgrade protocols and determined that a classification change from Conditionally Approved (closed for five days whenever >_ 0.75 inch of rain in 24 hours is recorded at the Taylor Shellfish FLUPSY) to Approved is appropriate. The classification change and parcel re-openings are based on Mason County Public Health's (MCPH) parcel evaluations, repaired on- site septic (OSS) systems, and improved marine water quality at Station 292. The Conditionally Approved area with a seasonal closure (May—September) due to boating activities will remain. Description of Growing Area The Hood Canal 6 Growing Area is in Mason County near the great bend in Hood Canal. Most of the shoreline along the south shores of the Hood Canal 6 area is a mix of vacation homes and permanent residences. The growing area near Alderbrook Resort has two Conditionally Approved areas that overlap each other; a Conditionally Approved area based on rainfall criteria and a Conditionally Approved area based on seasonal use of the Alderbrook Resort Marina. The Conditionally Approved portion affected by rainfall is influenced by Big Bend Creek, which drains through a rural residential area. Map 1, page 3 shows the southern portion of the Hood Canal 6 Growing Area including marine sampling stations and classification boundaries. Maps 2-3, page 4 display the overlapping Conditionally Approved areas. Pollution Source Survey The 2015 Hood Canal 6 Shoreline Survey found elevated fecal coliform (FC) levels at Shoreline sites 99 and 106 resulting in parcel closures near both drainages as shown in Map 4, page 5. There were three parcels closed at Site 99: parcels 32232-50-81005, 32232-50-81004, and 32232-50-81001. There were five parcels closed at Site 106: parcels 32232-50-10902, 32232-50-10903, 32232-50-11001, 32232-50- 11002, and 32233-88-88888. The Big Bend Shellfish Protection District was formed in 2016 in response to Station 292, near the mouth of Big Bend Creek, exceeding NSSP standards for FC. Since the SPD's formation, MCPH evaluated 18 parcels in the area of Big Bend Creek to identify sources of fecal contamination flowing to the shellfish beds in Hood Canal. They identified one failure and five OSS in need of repair. All of the deficient OSS have been repaired or are in the process of being repaired and are currently not impacting nearby surface water drainages or the growing area. 2 • i 309 291 ■ + 292 ■ 7 . • • - r y Classification Sampling Stations N - Approved Conditional w4 E • - Restricted - Prohibited s - Unclassified 0 0.05 0.1 Miles Map 1. Current Big Bend/Alderbrook portion of the Hood Canal 6 Growing Area classifications with marine sampling stations 3 n?�..� H • D ANAL F E tialler Ave F orrez 0 Sprague Ave a N "0 L 292 1 1 1 Conditional Area—Closed when rainfall > 0.75" E WA-106 E Dalby Rd Map 2. Rainfall Conditionally Approved portion of Hood Canal 6. HOOD CANAL �6 F E A Haller Ave F. orrez 0 �pragueAve v n N CL 2V2 1 I E WA•106 Conditional Area-Closed E Dalby Rd May through September Map 3. Seasonal marina use Conditionally Approved portion of Hood Canal 6. 4 Legend Impacted Drainage Closed Parcels Impacted Parcels ��• t 4 �. tI Vii �> Irr 4 _ rr ' ` 322325010902 • 322325010903 322338888888 a r[ t 322325011001 .+�... 322325011002 0 0055 0111 Map 4. Parcel closures and shoreline sampling sites in Hood Canal 6 near Big Bend Creek and Calm Cove. Near Shoreline Site 99 (MCPH site 1-042), one failing OSS was identified through dye testing. A repair was made in the summer of 2018, but post corrective dye testing revealed the repair did not correct the failure of the OSS. The homeowner capped the drainfield to ensure it was not affecting water quality influencing the shellfish beds at the shoreline. The homeowner obtained a permit to install a new drainfield in the summer of 2019. The Department should follow up with MCPH when the new drainfield is installed to assess the parcel as a source of pollution. Table 1, page 6 includes sampling results from Shoreline Site 99/1-042 during 2014-2019. Near shoreline site 106 (MCPH Site 1-055), five OSS in need of repair were identified through operations and maintenance (O & M) and pumping reports. All of the homeowners where OSS deficiencies were discovered have corrected the problems. Table 2, page 7 shows sampling results from Shoreline Site 106/1-055 during 2014-2019. MCPH's evaluation determined Blue Heron Condominium's Large On-site Sewage System (LOSS) was not impacting Big Bend Creek. However, the transport line is a mile long and passes a few feet over the creek, which makes it susceptible to damage during storm events. The Department's LOSS Program requires the Blue Heron Condo's maintenance team to inspect the transport line monthly. The 5 property owner plans to install a new drainfield by January 1, 2021. The Department should follow up with MCPH when the new drainfield is installed to assess the system as a source of pollution. Table 1. Water Quality samples taken at Site 99 (1-042) from 2014-2019. Station Date FC Geomean Season 10/21/2014 70 1/26/2015 70 99 2/11/2015 13 3/31/2015 110 115 2014-2015 Wet 4/21/2015 350 5/5/2015 920 8/2/2016 375 143 2016 Dry 8/15/2016 55 7/24/2017 290 8/8/2017 320 210 2017 Dry 8/21/2017 100 02/05/2018 4.0 6.6 2018 Wet 03/21/2018 11.0 1-042 07/10/2018 30.0 07/17/2018 130.0 61.5 2018 Dry 08/08/2018 20.0 08/13/2018 183.0 10/23/2018 4.0 11/07/2018 10.0 12/05/2018 15.0 10.8 2018-2019 Wet 12/19/2018 25.0 2/20/2019 10 6 Table 2. Water quality samples taken at Site 106 (1-055) from 2014—2018. Station Date FC Geomean Season* 10/21/2014 _ 1600 1/26/2015_ 13 106 2/11/2015 170 155 2014-2015 WET 3/24/2015 1600 4/21/2015 4.5 5/5/2015 540 2/9/2016 25 2/10/2016 _ 25 2/23/2016 30 27 2015-2016 WET 2/24/2016 5 3/8/2016 150 12/18/2017 135 1/24/2018 490 1-055 2/5/2018 22 33 2017-2018 WET 3/21/2018 _ 5 4/2/2018 5 11/7/2018 15 12/5/2018 25 12/11/2018 529 58 2018-2019 WET 12/19/2018 133 2/5/2019 25 Water Quality Studies A comparison of the last 30 sample data summary of Station 292 shows that rainfall no longer has a significant impact on the station and warrants an evaluation of the Conditionally Approved portion of the growing area by the Department (Table 3, page 8). Figure 1, page 8 shows Marine Station 292 has met NSSP water quality standards since 2016. Individual, regulatory sample results for Station 292 are presented in Table 7, page 11. The Department's standard protocol for upgrading a Conditionally Approved growing area to Approved requires that at least six qualifying rain event samples be included in the most recent 30-sample dataset (20 percent of samples) at all stations in the area. Geometric means and estimated 901h percentiles cannot exceed NSSP standards with these samples included. A qualifying rain sampling event for Hood Canal 6 occurs when at least 0.75 inch of rain falls within a 24-hour period and marine samples are collected within three days of the rain event. Only qualifying rain sampling events were used to evaluate marine water quality during rain events in the Conditionally Approved area. Because only three such qualifying samples were included in the recent 30-sample dataset (12/8/16- 8/7/19), three additional older regulatory qualifying rain event samples, taken on 3/15/2016, 10/18/2016, and 11/7/2016 replaced the oldest three samples (12/08/2016, 01/12/2017 and 03/21/2017) in the 30 sample dataset. Twenty-four-hour rainfall totals and FC results for the six rain sampling events included in the evaluation are shown on Table 6, page 9. All of the qualifying sampling 7 events meet NSSP criteria except the sampling event on 12/13/2019, when 4.82 inches of rain fell.in the preceding three days of the sampling event. Prolonged rain events such as this are rare and random at the Taylor FLUPSY rain gauge. With the regulatory and older regulatory samples included in the most recent 30-sample datasets, Station 292 meets NSSP numeric criteria (Table 5, page 9). In addition to the marine water quality criteria, effective water quality improvement projects are required to be completed or underway at the time of the Department's evaluation. Also, water quality trends at stations eligible for an upgrade need to show that fecal coliform levels are stable or improving, ensuring a downgrade in the future is not likely to occur. As previously discussed, these conditions have been met. Table 3. Data summary comparison for Station 292. Geometric Est. 90th Date Range Range Mean Percentile Meets (FC/100 mL) Standard (FC/100 mL) (FC/100 mL) Last 30 Samples—All Data 12/8/2016-8/7/2019 1 1.7 -46.0 T 3.5 12.4 Yes Last 30 Samples—Excluding Rainfall Events 4/19/2016-8/7/2019 1 1.7 -33.0 1 3.4 11.1 Yes *The standard for approved shellfish growing waters is a FC geometric mean not greater than 14 organisms/100 mL with an estimated 90th percentile not greater than 43 organisms/100 mL.The above table shows bacteriological results in relation to program standards. w 75 70 65 60 55 gr 50 45 Failing(43 FC/100mL) u ------------------------------------------- ------ -________-------------------------------------• E 40 `o p 35 u w 30 25 20 IS 10 5 0 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Figure 1. Estimated 90th Percentile fecal coliform graph for Station 292 from January 2011 to August 2019. 8 Table 5. Station 292 estimated 90th percentiles for the last 30 samples with and without 3/15/2016, 10/18/2016, and 11/7/2017 older regulatory rainfall samples. Estimated 90th Estimated 90th Range (FC/100 mL) (FC/100mL)without the (FC/100mLwith th the six six rainfall events rainfall events 1.7 -46.0 12.4 15.2 Table 6. Rainfall totals from the Taylor Shellfish FLUPSY rain gauge for qualifying rain events in Hood Canal 6. Number of days rain >0.75 Sampling Date Rainfall at Taylor Shellfish inch fell preceding sampling Fecal FULPSY(total inches in 24 hrs.) coliform/100mL (approximate) 3/15/2016* 0.79 1 1.7 10/18/2016* 0.77 0 33.0 11/7/2016* 1.22 1 23.0 11/27/2017 0.78 1 4.5 1/29/2018 0.94 2 33.0 12/13/2018 1.35 0 46.0 *Regulatory rainfall event samples collected outside the last 30 regulatory sample dataset. Conclusion Based on improved marine water quality at Station 292 and effective water quality improvement projects implemented by Mason County in the watershed, 10 acres of the Conditionally Approved Portion of Hood Canal 6 are reclassified as Approved and the rainfall condition in 7 acres of the overlapping Conditionally Approved area is removed. Parcel closures on 32232-50-81005, 32232-50- 81004, 32232-50-81001, 32232-50-10902, 32232-50-10903, 32232-50-11001, 32232-50-11002, and 32233-88-88888 near shoreline sites 99 and 106 are also removed. Map 5, page 10 shows the reclassified area, including GPS coordinates. Map 4, page 5 shows the parcel closures that are removed. Recommendations The Department should: • Follow up with MCPH to assess the OSS repairs near Shoreline Site 99. • Follow up with Department's LOSS program and MCPH in 2021 to assess changes to Blue Heron Condominiums LOSS and potential impact to the growing area. 9 47.3502 N 47.3499 N 47.3501 N 123.0707 W 123.0699 W r 123.0726 W • F 47.3496 N 309 123.0695 W 47.3496 N • .- 291 123.0679 W sOwe+ '000000 292 t AOL 47.3482 N 123.0679 W • 47.3484 N '�'" .� • 123.0706 W �/•' Classification Sampling Stations N - Approved Conditional w E • - Restricted - Prohibited s - Unclassified 0 0.05 0.1 Miles Map 5. Hood Canal 6 Growing area with new classification and GPS coordinates. 10 Table 7. Individual sample results for Marine Station 292 in Hood Canal 6. Classification: Approved Range (FC/100 mL): 1.7-46.0 Meets Standard: Yes GeoMean (FC/100mL): 3.5 Total Samples: 30 E90th (FC/100mL): 12.4 Sample Event Type Time Tide Surface Water Salinity Fecal Coliform Date Temperature (ppt) (FC/100mL) 12/08/2016 Regulatory 11:04 Flood 4 7 17.0 01/12/2017 Regulatory 13:08 Flood 7 0 4.5 03/21/2017 Regulatory 11:59 Flood 9 9 1.7 03/23/2017 Regulatory 12:43 Flood 10 10 2.0 04/19/2017 Regulatory 12:21 Ebb 11 15 1.7 05/01/2017 Regulatory 11:05 Ebb 11 12 7.8 06/14/2017 Regulatory 10:39 Ebb 15 19 4.0 08/01/2017 Regulatory 16:50 Ebb 24 10 23.0 09/11/2017 Regulatory 10:21 Ebb 16 20 11.0 10/26/2017 Regulatory 12:23 Ebb 11 20 1.7 11/27/2017 Regulatory 10:39 Flood 8 11 4.5 12/05/2017 Regulatory 13:45 Flood 8 7 2.0 01/29/2018 Regulatory 13:25 Flood 9 2 33.0 02/07/2018 Regulatory 10:48 Ebb 9 16 2.0 03/07/2018 Regulatory 13:18 Ebb 8 9 1.7 04/05/2018 Regulatory 10:48 Ebb 10 15 1.7 05/09/2018 Regulatory 14:04 Ebb 16 20 2.0 07/19/2018 Regulatory 12:40 Ebb 20 25 4.5 08/16/2018 Regulatory 10:41 Ebb 18 26 1.7 09/04/2018 Regulatory 15:15 Ebb 19 21 1.7 10/17/2018 Regulatory 13:12 Flood 11 7 1.7 11/19/2018 Regulatory 14:42 Ebb 7 11 1.7 12/13/2018 Regulatory 10:46 Ebb 9 13 46.0 01/14/2019 Regulatory 11:10 Flood 6 7 4.5 03/13/2019 Regulatory 10:49 Ebb 7 16 1.7 04/15/2019 Regulatory 14:54 Ebb 12 17 1.7 05/09/2019 Regulatory 10:18 Ebb 17 15 4.5 06/27/2019 Regulatory 15:07 Ebb 18 25 1.7 07/11/2019 Regulatory 12:44 Flood 19 15 4.5 08/07/2019 Regulatory 13:27 Ebb 20 26 1.7 11 cc:CMMRS Neatherlin,Shutty&Trask Clerk mane ENT OFTy�'m United States Department of the Interior ti BUREAU OF INDIAN AFFAIRS 5 Northwest Regional Office 911 Northeast 11th Avenue M4ROH s 1s°9 Portland, Oregon 97232 IN REPY REFER TO: NOV 2 1 2019 Division of Realty CERTIFIED MAIL—RETURN RECEIPT REQUESTED Mason County Commissioners 411 N 5th Street Shelton, WA 98584 Dear Commissioners: Pursuant to the Code of Federal Regulations, Title 25, INDIANS,Part 151.10, notice is given of the application filed by the Squaxin Tribe of Indians to have real property accepted"in trust"for said applicant by the United States of America. The determination whether to acquire this property"in trust" will be made in the exercise of discretionary authority,which is vested in the Secretary of the Interior, or his authorized representative, U.S. Department of the Interior.To assist us in the exercise of that discretion, we invite your comments on the proposed acquisition. In order for the Secretary to assess the impact of the removal of the subject property from the tax rolls, and if applicable to your organization, we also request that you provide the following information: (1) If known, the annual amount of property taxes currently levied on the subject property allocated to your organization; (2) Any special assessments, and amounts thereof,that are currently assessed against the property in support of your organization; (3) Any governmental services that are currently provided to the property by your organization; and (4) If subject to zoning, how the intended use is consistent, or inconsistent, with the zoning. We provide the following information regarding this application: „, r " a ibEV Applicant: DEC 0 2 2019 Squaxin Island Tribe 10ason County Commissioners COUGAR POINT PROPERTY I Legal Land Description/Site Location: The"Cougar Point Property"is described below: Parcel No: 9304-32-00000 All that portion of The Totten Inlet State Oyster Reserve, Plat No. 99, as conveyed by The State of Washington lying in front of Government Lot 2 in Section 12,Township 19 North, Range 3 West of the W.M., described as follows: Beginning at the meander corner to fractional Sections 12 and 13, Township 19 North, Range 3 West,W.M., and running thence along the government meander line in front of said Section 12, North 30° 32' 28.8"East 3.60 chains and North 39° 32' 28.8"East .518 chain to an intersection with the East line of said reserve; thence along said East line North 31°45' West 7.266 chains to an intersection with said meander line; thence along said meander line North 26° 32' 28.8"East .641 chain,North 270 02' 28.8"East 10.25 chains and North 52° 32' 28.8"East .748 chain to an intersection with said East line of the reserve; thence along said East line North 350 09' East .667 chain and North 45° 56' East 4.025 chains to an intersection with said meander line; thence along said meander line North 11°32'28.8"East .480 chain to an intersection with the Northeasterly line of a tract of Oyster Land conveyed by the State of Washington to Edward Claeys by deed issued April 28, 1896, produced Southeasterly; thence along said produced line North 53° 05' West .795 chain to the Northeast corner of said Edward Claeys tract;thence along the Southeasterly line of said Edward Claeys tract South 430 01' West 6.15 chains and South 27° 09' West 22.03 chains to said meander corner to fractional Sections 12 and 13, being at the point of beginning. Also,beginning at the meander corner to fractional Sections 12 and 13,Township 19 North, Range 3 West,W.M., which is the initial point of this description; thence North 47° 07' West 5.25 chains; thence North 230 28' East 12.36 chains; thence North 480 36' East 5.90 chains; thence North 460 41' East 9.62 chains; thence South 53° 05' East 2.19 chains; from which the meander corner and fractional Sections 7 and 12,Township 19,North Ranges 2 And 3 West, bears North 77° 51' East 54.45 chains; thence South 43° OF West 6.15 chains; thence South 270 09' West 22.03 chains to the initial point of beginning. In Thurston County,Washington, containing 13.20 acres. Project Description/Proposed Land Use: The current/proposed users are shellfish harvesting and an existing acquaculture farm, which includes a shellfish nursery. As indicated above,the purpose for seeking your comments regarding the proposed trust land acquisition is to obtain sufficient data that would enable an analysis of the potential impact on local/state government, which may result from the removal of the subject property from the tax rolls and local jurisdiction. COUGAR POINT PROPERTY 2 This notice does not constitute, or replace, a notice that might be issued for the purpose of compliance with the National Environmental Policy Act (NEPA) of 1969. Your written comments should be addressed to the Northwest Regional Director, Bureau of Indian Affairs, 911 Northeast 11`h Avenue, Portland, Oregon 97232-4169. Any comments received within thirty days of your receipt of this notice will be considered and made a part of our record. You may be granted one thirty-day extension of time to furnish comments,provided you submit a written justification requesting such an extension within thirty days of receipt of this letter. Additionally, copies of all comments will be provided to the applicant for a response. You will be notified of the decision to approve or deny the application. If any party receiving the enclosed notice is aware of additional governmental entities that may be affected by the subject acquisition,please forward a copy to said party. A copy of the application,excluding any documentation exempted under the Freedom of Information Act(FOIA), is available for review at the above address. A request to make an appointment to review the application,or questions regarding the application, may be directed to Robin D. Tonasket, Realty Specialist, at telephone number(503)736-4710 or robin.tonasket@bia.gov. 'Sind Bryan Mercier BodieSFraw Northwest Regional Director COUGAR POINT PROPERTY 3 cc:CMMRS Neatherlin, Shutty&Trask Clerk ORDINANCE NO. 1940-1019 AN ORDINANCE OF THE CITY OF SHELTON,WASHINGTON,SETTING THE AMOUNT OF THE ANNUAL AD VALOREM TAXES IN THE CITY OF SHELTON FOR CALENDAR YEAR 2020 WHEREAS, the City Council of the City of Shelton held properly noticed public hearings on September 17a', 2019 and October 15a', 2019 to consider the General Fund revenues and expenses for the 2020 budget; and WHEREAS, the City Council of the City of Shelton held a properly noticed public hearing on October 151', 2019 to consider the City of Shelton's Ad Valorem (Property) taxes for the 2020 calendar year,pursuant to RCW 84.55.120; and WHEREAS, the City of Shelton's highest lawful regular levy amount from the previous year was$2,052,080.28;and WHEREAS, the City of Shelton's highest lawful EMS levy amount from the previous year was $313,262.10; and WHEREAS,the population of the City of Shelton is more than 10,000; WHEREAS, the City Council, after duly considering all relevant evidence and testimony presented, determined that the City of Shelton requires a regular levy in the amount of $2,123,600.65, which includes an increase in property tax revenue from the previous year, and amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interests. NOW,THEREFORE,be it ordained by the City Council of the City of Shelton,Washington,as follows: Section 1. A levy is authorized to be collected in 2020, with an increase in the City's 2019 highest lawful levy of the statutory 1% for collections in 2020, resulting in a dollar amount increase of $32,858.72 or 1.610925%from the previous year's regular levy. The levy will be used to for the purpose of paying the general expenses of the City of Shelton municipal government and is calculated: RECEIVED DEC 0 4 2019 Mason County Cnmmissinners 2019 Highest Lawful Levy $ 2,052,080.28 2019 Regular Levy $ 2,039,742.36 2020 Limit Factor of 1%on Highest Lawful Levy $ 2,072,601.08 Dollar Increase from 2019 Regular Levy $ 32,858.72 Percent Increase from 2019 Regular Levy 1.610925% Legally allowed add-on's in addition to the 1%statutory limit New Construction 49,805.87 State Assessed Property 1,193.70 Subtotal allowable add-ons 50,999.57 2020 Regular Property Tax $ 2,123,600.65 Dollar Increase including add-on's $ 83,858.29 Percent Increase including add-on's 4.1112% This Ordinance reserves unutilized levy from any add-ons such as changes to new construction or state utilities,refunds, and any changes resulting from the Mason County Assessor's Office finalization of the preliminary levy amounts provided to the City of Shelton in their letter dated October 25,2019. Section 2. An EMS levy is authorized to be collected in 2020, with an increase in the EMS 2019 highest lawful levy of the statutory 1% for collections in 2020, resulting in a dollar amount increase of $2,826.72 or 0.901470% from the previous year's regular EMS levy. The levy will be used to for the purpose of paying the general expenses of the City of Shelton municipal government and is calculated: 2019 Highest Lawful Levy $ 313,262.10 2019 Regular Levy $ 313,568.00 2020 Limit Factor of 1%on Highest Lawful Levy $ 316,394.72 Dollar Increase from 2019 Regular Levy $ 2,826.72 Percent Increase from 2019 Regular Levy 0.901470% Legally allowed add-on's in addition to the 1%statutory limit New Construction 7,656.62 State Assessed Property 183.51 Subtotal allowable add-ons 7,840.13 2020 EMS Property Tax $ 324,234.85 Dollar Increase including add-on's $ 10,666.85 Percent Increase including add-on's 3.4018% This Ordinance reserves unutilized levy from any add-ons such as changes to new construction or state utilities,refunds, and any changes resulting from the Mason County Assessor's Office finalization of the preliminary levy amounts provided to the City of Shelton in their letter dated October 25,2019. Section 3. Severability. If any section, subsection,paragraph, sentence,clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 4. This ordinance shall become effective five days from the date of passage and publication. INTRODUCED the 19th day of November 2019. ADOPTED by the City Council of the City of Shelton, Mason County, Washington at a regular open public meeting held the 3rd day of December 2019, the following Council being present and voting in favor of this ordinance. ATTEST: Mayor Rogers �RAV q \ City Clerk Deputy Mayor Peterson �_� 'touncilKember Cronce Courvfbilrncnher borcy \\\ c Councilmem r McDowell Council orer Onisko 0--L— Councilmernber Schmit NEWS RELEASE December 10, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Heritage Grant Cycle The Mason County Commissioners and the Mason County Historic Preservation Commission are pleased to announce that applications are being accepted for the 2020 annual Mason County Heritage Grant cycle. On behalf of the Board of County Commissioners, the Mason County Historic Preservation Commission administers the Mason County Heritage Grant Program to assist projects that promote the public's access to County history. The program is funded with a portion of document recording fees collected by the Mason County Auditor. The allocation of these fees for projects that "promote historical preservation or historical programs, which may include preservation of historic documents" is authorized under RCW 36.22.170. The revenues accrue to a dedicated fund and may not be used for any purpose other than those stipulated in the statute. Grants in amounts up to $500 may be awarded to qualified organizations for professional development, public education, small capital projects, collections management, heritage investigations and historic preservation. This is a reimbursement grant. It is very important that organizations considering application for this grant read the grant guidelines and other details on the Mason County website: http://www.co.mason.wa.us/forms/historic/grant_guidelines.pdf Grant applications are available on The Mason County website: http://www.co.mason.wa.us/forms/historic/heritage-grant-application.pdf Proposals can be mailed to the Mason County Historic Preservation Commission, 615 W Alder Street, Shelton, WA. Applications may also be hand delivered to 615 W Alder Street, Shelton, WA 98584. All applications need to be received no later than 12:00 PM January 17, 2020. Questions should be directed Michael MacSems at 427-9670 ext. 571. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner NEWS RELEASE December 10, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5TH ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Free Christmas Tree Recycling Mason County announces free Christmas tree recycling available at the following locations starting December 26th to January 12th: • Shelton Transfer Station located at 501 West Eells Hill Road in Shelton, business hours are Monday through Saturday from 8:00am to 4:45pm • Belfair Solid Waste Drop Off Facility located at 2001 NE Sand Hill Road in Belfair, business hours are Tuesday through Saturday from 9 am to 4pm Customers of Mason County Garbage and Recycling curbside service can cut up their trees and stick them in their cart as part of their regular pickup. Please note that all trees dropped off for free recycling at County facilities must be free of tinsel, decorations, and flocking. Wreaths and garlands will not be accepted for free recycling since these items contain wires and can therefore not be recycled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner NEWS RELEASE December 10,2019 MASON COUNTY COMMISSIONERS 411 NORTH 5'STREET SHELTON,WA 98584 (360) 427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE,CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2020 Solid Waste Rate Increases Per Mason County Resolution No. 61-13, disposal rates at all Mason County Transfer and Drop Box stations will increase by 2.8%beginning January 1, 2020. As directed by Resolution No. 61-13, fees will be increased each year by the amount of the October to October Consumer Price Index (CPI U) for the Olympia Metropolitan Area. This increase is to cover the annual cost increase experienced by the County to operate and maintain the Shelton, Hoodsport, Union, and Belfair transfer and drop box station locations. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner 2020 RATES Based on the CPI adjustment for 2018 to 2019 of 2.8%, the disposal rates for 2020 at the Mason County Solid Waste Facilities in Belfair, Hoodsport, and Union are as follows: (Refuse Collection Tax is 2.8% of the untaxed rates) 2020 RATE WITHOUT TAXES Solid Waste (Per Cubic Yard) $ 20.98/ CY Minimum Fee (more than six 32gal bags less than 1 cy) $ 20.98 1 Can/Bag (32 Gal) $ 5.54 2 Cans /Bags (32 Gal) $ 11.04 3 Cans /Bags (32 Gal) $ 12.73 4 Cans/Bags (32 Gal) $ 14.35 5 Cans Bags (32 Gal) $ 16.60 6 Cans Bags (32 Gal) $ 18.26 1 55-gal drum $ 11.06 2 55-gal drums $ 14.95 3 55-gal drums $ 18.26 Misc. large bulky items $ 20.98 Appliance w/Refrigerant $ 27.68 Tire with Rim (1 only) $ 19.25 Each additional Tire with Rim $ 5.54 Tire without Rim (1 only) $ 5.54 Each additional Tire without Rim $ 3.32 Auto Battery $ 2.14 Recyclable Scrap Metal $ 5.54 /per 32 gal NEWS RELEASE December 10,2019 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360)427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON,ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2020 Water and Sewer System Rate Increases for North Bay,Rustlewood and Beards Cove Per Mason County resolutions#146-08, #05-09, and#06-09, all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove and North Bay Case Inlet water and sewer systems will increase by 2.4% for the 2020 calendar year. The increase corresponds to the April 2019 consumer price index (CPI-U) for the Bremerton Area for the one year period ending April 2019. This increase applies to all charges associated with the referenced water and sewer utility systems, including monthly service rates, connection and permit fees and other related charges; as well as covering the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Beards Cove, North Bay Case Inlet and Rustlewood utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner NEWS RELEASE December 10, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5h ST SHELTON, WA. 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, MASONWEB-TV, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2020 United Ways Day of Caring — Free Dump Day In partnership with Mason County Public Works and Republic Services, United Way of Mason County will be handing out vouchers for the first Mason County free dump day of 2020. Vouchers will be handed out to 300 Mason County residents, on a first-come first-serve basis to be redeemable on May 22, 2020 at the Mason County Landfill at 501 E Eells Hill Road, Shelton, WA. Starting February 3, 2020 vouchers will be available Monday-Friday 10am-2pm at the United Way of Mason County's office located at 536 W Railroad Ave, Shelton WA. To receive a voucher you must fill out the required paper work, have a valid ID and proof of Mason County address. Vouchers will only cover 1,000lbs of household garbage. For any questions, please contact United Way of Mason County at (360) 426-4999 and for rules and restrictions for household garbage (360) 427-5271. More information regarding the voucher process and items covered and not covered by the voucher is available on the Mason County Utilities and Waste Management/Solid Waste webpage. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of November 18,2019 Monday,November 18,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance • Elected Official/Directors meeting on December 2°d-Cmmr. Shutty and Neatherlin said there were no pressing issues so no meeting is needed. • Jennifer Beierle said she came forward to set a hearing for supplemental appropriations and amendments for the 2019 budget last week,but was then approached by Dave Windom who said he needed funds as well for Public Health.The Board approved adding the amount to the hearing notice,but said they need to speak with Dave and Casey Bingham for more details. • 2020 Budget Proposal Summary-Jennifer handed out the final numbers for the proposed budget.The board approved the numbers,and Jennifer said the detailed draft budget would be available to the public later today. • Cmmr.Shutty and Frank spoke about a meeting regarding the lobbying agreement and items to be discussed with the legislation. • Cmmr.Trask said she will be flying back from the WSAC conference in Spokane on Friday,but there is a PAC Mountain meeting. She asked Cmmr.Neatherlin to attend on behalf of the county. 9:30 A.M. Audit Committee Update—Leo Kim Commissioners Shutty,Trask and Neatherlin were in attendance • Leo brought forward an updated Capital and Trackable Asset policy.He noted that physical inventory will need to be done by each department so it doesn't fall on him.He briefly went through changes and no questions were asked by the Board. • He then gave an update on the Audit Committee and said internal work was being done with each of the departments to assist in keeping findings down on the next audit. 10:00 A.M. BREAK 10:15 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance • Conference call with Ecology and UTC for evaluating rates. Take aways,once UTC receives application for increase in rates,typically respond in 45 days. Staff has heard from Mason County Garbage that it would be a disproportionate rate increase for north end,but staff believes it will be equal across the county;need to update the Solid Waste Management Plan. A public hearing will be set on December 17,2019;Mason County Garbage would like to have it effective June 1,2020;staff is recommending April 1, 2020. Cmmr.Neatherlin suggested we also look at recycling. • US Navy will be doing seismic upgrades on the Mason Lake railroad overpass and there will be temporary traffic revisions while the work is being done. • Staff reviewed thirteen road functional class revisions. • TIP CAP recommended funding a grant match out of the paths and trails fund for a trail in the north end and this will be brought forward in 2020 because the funding isn't needed until 2021. • Loretta provided the status of MTA round about north of Belfair and work in Skokomish Valley. Board of Mason County Commissioners' Briefing Meeting Minutes November 18,2019 10:35 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance • Request to change TST funding support to the jail in 2020 from paying for nursing services to paying for psychiatric ARNP services and medications in the same amount of funding. Staff is working with the jail staff and will bring forward information. • Request to extend the Behavioral Health Treatment Sales Tax contracts for six months from January 1,2020 to June 30,2020 in order to not interrupt services while the impact of the MCO Behavioral Health Funding changes are evaluated for our community provider's services. Lydia provided additional information from Peninsula Community Health Services(PCHS)and Consejo.Cmmr.Shutty provided information he has learned thru the BHO and there are huge funding cuts from the BHO to various providers. Cmmrs.Shutty and Neatherlin are supportive of extending the contracts while the funding changes are evaluated. PCHS is requesting$24K,which is$13K less,and Consejo is requesting$275,000. Discussion of moving the$13K to Consejo. Lydia will bring back contract extensions. • Todd Parker presented the 5-year plan for homeless housing plan as requested by Department of Commerce and will be placed on the agenda for approval. • Amendment 11 to Consolidated Contract will be placed on the agenda. • Application received for the Planning Advisory Commission from Robert"Mac"McLean and the Board approved placing the appointment on the agenda. • Request to apply for a non-compete grant from Ecology for the required periodic update of the County's Shoreline Master Program was approved to move forward.Amount is $84,000 with no match. • Request to set a public hearing on December 17 to consider amending Title 17.23 festival retail district. There was a brief discussion of options and the Board approved setting the hearing. • Staff updates on WRIA 14;staff hosted a permit workshop last week;software was updated last week. As they move to scheduling appointments for permit issuance,staff is recommending closing for the lunch hour;regarding the request for Dave to sit on the PCHS Board,the Board expressed support. • Casey provided information regarding the$100K budget amendment request and stated it is additional revenue coming in. Lydia stated they would like to keep that portion that passes to Thurston County to provide services in Mason County. Staff will research this money and bring back additional information. 11:15 A.M Superior Court-Judge Cobb Commissioners Shutty,Trask and Neatherlin were in attendance • Request to enter into a MOU with Homes First for Therapeutic Court transitional housing. $1,000 monthly rent and there would be a sliding scale fee to the participant to recoup some of the rent. Judge Cobb noted the participants would likely not have many resources to pay any fees and Superior Court is concerned with collecting the fee due to potential conflicts. Rene said Therapeutic Courts does currently collect program fees. Cmmr.Neatherlin supports using the house for Therapeutic Courts but wants the Courts to collect the fees. Discussion of how the money could be collected and accounted for and who will participate in the housing. 11:30 A.M. Sheriffs Office Commissioners Shutty,Trask and Neatherlin were in attendance • Chief Spurling presented the 2019 third quarter repot for traffic diversion funds. Equipment and time and effort of the nine dedicated traffic deputies and other deputies spent for road purposes is a total of$2,160,000. Due to staff changes they are behind the benchmark at about 4%. For 2019,82%of time and effort of traffic deputies to traffic and 45%of the remaining 27 patrol deputy's time and effort to traffic. Certain traffic related equipment will be purchased that qualifies for this funding. Board of Mason County Commissioners'Briefing Meeting Minutes November 18,2019 • Jennifer Beierle presented budget information for 2018 regarding vehicles purchased from traffic policing. $245K total cost of 4 vehicles paid from the Sheriff's budget, $212K paid from Traffic funds;at 75%,$183,776 should have been paid out of Traffic; considering total Traffic Policing expenditures and total Diversion,Jennifer estimates that Current Expense owes back to Road Fund$7,875.Diane Sheesley asked that these numbers be reviewed with Public Works staff. This will be brought back for briefing. • Sheryl stated the Sheriffs office has done an internal audit and it appears they are about $110K underspent for Traffic Policing this year. There was discussion of what qualifies to spend from the traffic diversion. Request to move funding from wages/benefits to operating;the Sheriff s office can move$50K without Board action;for any funding beyond this amount the Sheriff s staff will brief next week. The meeting adjourned at 12:05 p.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of December 2,2019 9:30 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Lodging Tax recommendations awarding$38,500 to Northwest Event Organizers;$87,000 to Shelton Mason County Chamber of Commerce and$15,800 to the Mason County Historical Society Museum will be placed on the December 10 agenda. • Personnel Policy updates for the WA Paid Family&Medical Leave and No Smoking Policy were approved to move forward. a Request for the Board of Equalization to reconvene was approved. 0 .09 Awards for$70,040 to EDC for 2020 and$450,000 to Belfair Sewer for years 2020 and 2021 were approved to move forward. 0 PUD#3 Pole Attachment License agreement was approved to move forward. a Reappointment of Andrew Kinney to the Parks&Trails Advisory Board was approved to move forward. • Kelly Frazier stated the proposals for janitorial services have been reviewed and he is calling in three vendors for interviews and will bring back a recommendation. 0 Frank,Jennifer Beierle,Diane Sheesley presented three options for the disposition of Traffic Policing vehicles. Commissioners Shutty and Trask agreed to move forward option 1 which means Current Expense will pay back$102,425 back to the Road Fund. • Temporary Road Use Agreement with Green Diamond Resource Co.was reviewed and based on staff recommendations,the Board declined to move the agreement forward for approval. Tim Whitehead will notify Green Diamond and Emergency Management will do public outreach. This is used during emergency events in the Skokomish Valley. • Mason Transit Authority Board appointment. A letter to the various elected officials representing Commission District No. 3 inviting them to apply for this appointment will be mailed. 10:00 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Interlocal agreement with the Mason County Fire Chiefs Association for fire investigative services was approved to move forward. • Announcement for the 2020 Mason County Heritage Grant cycle at$500 will be on the December 10 agenda. Michael noted that the HPC has concerns with the indirect charge. 0 November permit report was provided. 10:15 A.M. BREAK 10:25 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Award received for the Harstine Island Bridge work. • TIP—CAP position will be vacant and current members will need reappointment. A news release will be issued. 10:45 A.M. Sheriffs Office—Sheryl Hilt Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to transfer an additional$40,000 from wages&benefits to operations to purchase outdated computers. Information Technology has budgeted to replace some lap tops in 2020. The December 3 agenda will be amended adding this$40K to the transfer. 10:50 A.M. Closed Session RCW 42.30.140(4)Labor Discussion The Board met in Closed Session from 10:50 a.m.to 11:00 a.m.with Frank Pinter for a labor discussion. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom Action Agenda x Public Hearing Other DEPARTMENT: Community Services EXT: DATE: 12/10/19 Agenda Item # J Commissioner staff to complete) BRIEFING DATE: 12/2/19 BRIEFING PRESENTED BY: Dave Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Interlocal Agreement for Fire Investigation EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County and the Mason County Fire Chiefs Association enter into an agreement for the delivery of fire investigative services. BUDGET IMPACT: As much as $79,000. Usual expense less than $30,000 per year. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Sign and return contract ATTACHMENTS: Agreement enclosed f Return recorded document to: Mason County Community Development 426 W.Cedar, Shelton,WA 98584 INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES BETWEEN MASON COUNTY AND MASON COUNTY FIRE CHIEFS ASSOCIATION i. Parties. THIS AGREEMENT is entered into by Mason County('County") and Mason County Fire Chiefs'Association ("Association") under the authority of the Interlocal Cooperation Act, RCW Chapter 39.34 2. Recitals. Whereas,the County and the Association have determined that it is in the best interest of the County and its citizens to work together in establishing an agreement to provide fire investigation services by the Association for the County. 3. Authority. Chapter 39.34 RCW permits local governmental units to make official use of their powers enabling them to cooperate with other localities on the basis of mutual advantage. 4. Duration. This agreement shall be in effect upon signature endorsement and shall terminate no later than December 31, 2021, unless mutually agreed upon by both parties to extend this agreement. 5. Compensation. The County shall pay the Association for services the maximum amount of $79,000.00 per year($i58,000 total for Contract), as identified on Exhibit A without prior written approval of the County. Fees for Services will be based on hours and expenses as shown on Exhibit A. 6. Payment. Within 30-days from receipt of a bill from the Association,the County will reimburse the Association for actual costs incurred. 7. Purpose. To establish a joint agreement for providing fire investigation services within the boundaries of Mason County. 8. Scope of Work. 8.1 Investigation of origin, cause, circumstances and extent of loss from fire whether of civil or criminal nature. 8.2 To ensure cooperation among the local Fire Districts, the State Fire Marshal and all state and County law enforcement and regulatory personnel. 9. Criteria for Investigation. One or more of the following must be present to require the services of a Tier III investigator: 9.3. Loss of life or serious injury(civilian or fire personnel) 9.2 Serial arson activity 9.3 Suspicious or negligent activity, odor of flammable liquids, multiple fire locations, evidence of forcible entry. 9.4 All structure fires that appear to exceed the threshold of$io,000 as determined by the call out procedure (attached)the Incident Commander(IC) or Commanding Officer(CO) of the local fire district. t 9.5 All fires within the county are required to be investigated. If the fire is determined to be below the level of Tier III callout criteria. Tier II Investigator can perform the investigation if they have received the 4o hour basic investigator training. 9.6 Request for immediate response shall be handled via page by the dispatch center upon request by the IC or CO. 10. Hold Harmless. Each party shall hold harmless and indemnify the other party, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the negligence of each party's employees, agents and volunteers. Provided, however,the Association's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the County, its officers, officials, employees or agents. In the event of concurrent negligence of the parties,the Association's obligations hereunder shall apply only to the percentage of fault attributable to their employees, agents and volunteers. 11. Administration. No separate legal or administrative entity is created by this Agreement. The Mason County Fire Chiefs Association and the Mason County Department of Community Services shall jointly administer this Agreement. 12. Termination. The parties may terminate this Agreement as follows: 10.1 For Cause. Either party may terminate this Agreement for a material breach thereof by the other party. Fifteen days written notice to the other party is required stating the intent to terminate for cause.The breaching party will be given the opportunity to cure its breach and if completed during the fifteen-day period the Agreement shall not terminate. 10.2 For Convenience. Either party may terminate this Agreement without cause at any time providing a thirty-day written notice of such termination is submitted in advance. 11 Insurance. Each party shall independently acquire and maintain sufficient insurance coverage for all its respective operations, facilities, equipment and personnel. 12 Notices. Any notices to be given under this Agreement shall be delivered in person or mailed to the parties at the following addresses: 11.1 County. Mason County Community Services P.O. Box 279 Shelton,WA. 98584 11.2 Association. Mason County Fire Chiefs Association P.O. Box 1822 Shelton, WA 98584 13 Severability. If any provision of this agreement or its application is held invalid, then the remainder of the agreement or the application of the remainder of the agreement shall not be affected and shall remain in full force. MCFCA ILA 203-8-2019 3-2/4/2019 w y 14 Waiver. No waiver of any provision of this agreement shall be valid unless it is in writing and signed by the person or party whom charged. 15 Third Party Rights. This Agreement shall not create any third party rights by any party that has not signed this Agreement. 16 Modification. This Agreement represents the entire agreement by both parties and shall not be modified,terminated or waived by either party without authorized written approval by representatives of both parties. 17 Benefits. This Agreement is entered into for the benefit of both parties to provide fire investigation services for all of Mason County during the duration of this agreement. Dated this day of .12019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randy Neatherlin, Commissioner Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Deputy Prosecutor Sharon Trask, Commissioner MASON COUNTY FIRE CHIEFS ASSOCIATION Beau Bakken, President Brandon Searles, Vice-President Bob Burbridge, Secretary Nadine Brown,Treasurer MCFCA ILA 2018-2019 12/4/2019 w Exhibit A Fire Investigation 2020/2021 Budget Tier I training $500.00/yr. Tier I training; 8 hour"Protecting evidence for fire cause and determination". Tier II training $6,000.00/yr. Tier 11 training, 4o hour basic investigation,vehicle fire investigations, courtroom testimony. Tier III training $i2,000.00/yr. 1.. Annual Conference for Tier III investigators—Certified Fire Investigator. Advanced or refresher training. 2. Succession training,Tier II continued education to work on a Tier III Certification.General education, scene examination, documentation, evidence collection, interview techniques, post- incident investigation and presentation.(NFPA 1.033)and(NFPA 921) Tier III Stand-By Pay $3000.00/yr. $30 per day for:Loo days of on call stand-by pay. Supplies/Uniforms $4000.00/yr. Supplies for the actual investigations, uniforms/PPE for the tier 3 investigators Tier II Kits $5500.00/yr. (Small tools,equipment, PPE for the tier 2 investigators) Tier III Initial Kits (Initial equipment for new CFI's. Replacement of equipment as needed). $6000.00/yr. Investigator labor Tier III—Lead Certified Investigator $125.00 per hour Tier II— Secondary Certified Investigator s65.00 per hour $125 per hour project 40 fire investigations $30,000.00/yr. $6o per hour project 20 fire investigations $1.2,000.00/yr. Projected total to investigate 6o fires is $42,000.00/yr. Total Annual Budget $79,000.00/yr Total 2020/2021 Budget $i58,000.00 MCFCA ILA 2o18-2019 12/4/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: December 10, 2019 Agenda Item # BRIEFING DATE: November 25, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Franchise Agreement Applications for Multiple Water Systems— Set Hearing BACKGROUND: This is the second in a series of"bundled"water system franchise agreement renewals. The agreements include updated franchise language with a provision for automatic renewal for up to three 10-year terms. The second set of water systems that have re-applied for franchise agreements and to be considered include: Emerald Lake Community Club, Inc. Clifton Beach Tracts Co-Op Water Association Lake Christine Community Club Kamilche Shores Community Association Lakeland Village Water Company Paradise Service Association PUD #1 Tahuya River Valley Water District Timberlake Community Club 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. REQUESTED ACTION: Recommend the Board set a hearing for Tuesday, January 7, 2019 at 9:15am to consider approving the franchise agreement applications between Mason County and Emerald Lake Community Club, Inc., Clifton Beach Tracts Co-Op Water Association, Lake Christine Community Club, Kamilche Shores Community Association, Lakeland Village Water Company, Paradise Service Association, PUD #1, Tahuya River Valley Water District and Timberlake Community Club, granting permission to run the utility lines under and across county road rights of way. Attachments: 1. Description of franchise areas 2. Notice Emerald Lake o O� �y Emerald Lake i i i i i r i i Q � V � Lake Christine Lake Christine r r NE LAKEVIEW LN Lake Christine �O Y g'� z U) NE PARK LN z z ` W ! / z ■ ►_ -- . - FS, - X11■1 ttt P�urrr 11om�'■,�`� C� r►,�t jam• w �• i �. PwMAi . IM �� ra .� ��` � f . •�1•. _ ., ��i■.►• �� fir: . .- . . PUD# 1 EXHIBIT B Description of Franchise Area All County Roads,right of way and real property in Mason County. B r;� � 111 /�j,� 1♦ ♦1/1■I/ �I �j�� ,�� ♦♦i�a�►�� • _ - � �. ,��I '"1 � 1111t�111111111�1►r� INS JARfA PH moi..■■■ ■. ��i ��.• ;�ii , ,��ii� � ��i�` �� _: �►• ., 111111/ �� i�:�� Ma�t�iir� �� •iii �� t �/ �1�1t��lli �j1�j �1■� ■... ��rri.�i�►.�.�: ;�i♦ I�� _1111 �� ♦i��i �i►� j ;�■ �� poi t ��lit�ll��lllflllllll�f Ifl - ```` �.�ati111111 ��•°� rrr pm FF s� lot ME w \\�\\\\\``, I1111111411111Ui lltlllllllfll�l�� r 11111111, � , �■ r .. 1 � r �r � rrrl /�� ♦��*� �► �� IIS �� ♦1 �� ► cif �� r �� ♦ � W,M Big Twin Lake 11 Lp 104 MERE r►► r� •• ♦ ♦ rt► FIE VIII 1j► �� '�� e1��♦�i • - ��1111111��111111 f �� 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,January 7,2019 at 9:15am. SAID HEARING will be to consider the water franchise applications between Mason County and Emerald Lake Community Club, Inc., Clifton Beach Tracts Co-Op Water Association, Lake Christine Community Club,Kamilche Shores Community Association, Lakeland Village Water Company,Paradise Service Association, PUD#1, Tahuya River Valley Water District and Timberlake Community Club. 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, 360427-9670,Ext. 450. DATED this_ day of December 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: 12/19/19& 12/26/19(not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 12/23/19 (Bill Public Works— 100 W Public Works Drive, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: December 10, 2019 Agenda Item # o BRIEFING DATE: November 25, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: BRIDGE LIMIT RESOLUTION BACKGROUND: Annually, the County Engineer reports the current status of all county bridges to the Board of Mason County Commissioners, as a requirement of Washington Administrative Code (WAC) 136-20-060, and recommends the Board update the Resolution on Bridge Limits. Mason County Public Works inspects and inventories 65 roadway bridges within Mason County (64 bridges owned by Mason County and one owned by the City of Shelton). The inspections for this year have completed. It has been determined that bridge 1 needs to be posted with maximum load limits and 2 through 6 as one lane travel bridges. 1. Stretch Island Bridge (Bridge #645000015, on the E Eckert Road) 2. Hliboki Bridge (Bridge #102900035, on the Bulb Farm Road) 3. Gosnell Creek Bridge (Bridge #105100023, on the Bolling Road) 4. Eich Road (1) Bridge (Bridge #110700015, on the Eich Road) 5. Eich Bridge (Bridge #110700026, also on the Eich Road) 6. Carlson Bridge (Bridge #016500405, on Beeville Road) REQUESTED ACTION: Recommend the Board approve, the Resolution establishing load/lane limits for traffic control on six (6) Mason County bridges. Attachment: Resolution RESOLUTION NO. -19 BRIDGE LIMITS WHEREAS,RCW 36.75.270 gives the Board of Mason County Commissioners the authority by resolution to limit or prohibit classes or types of vehicles on any county bridge and may limit the weight of vehicles which may travel thereon. WHEREAS,In compliance with the requirements of the Federal Highway Administration's National Bridge Inspection Standards(NBIS)for specialized haul vehicle regulations,updated bridge load ratings have been completed as required;and WHEREAS,load ratings have determined that one(1)of Mason County's sixty-four(64)bridges shall be posted with a maximum load limits,and WHEREAS,five(5)of Mason County's Sixty-four(64)bridges shall continue to be posted as one lane. NOW,THEREFORE,BE IT RESOLVED,that these restrictions be posted,as listed below,for the 2020 calendar year,unless the Board shall modify or remove such restrictions based upon the recommendation of the County Engineer. Max No.of Maximum Bridee No. Bridge Name Load Limit Lanes Speed Limit 645000015 Stretch Island Bridge T e Limit 2 -- E Eckert Rd SU4 23 Tons SU5 24 Tons SU6 25 Tons SU7 28 Tons 102900035 Hliboki Bridge - 1 — Bulb Farm Rd. 105100023 Gosnell Creek Bridge ----- 1 -- Bolling Road 110700015 Eich Road(1)Bridge -- 1 Eich Road 110700026 Eich Bridge — 1 --- Eich Road 016500405 Carlson Bridge -- 1 --- Beeville Road NOW,THEREFORE,BE IT FURTHER RESOLVED,that the County Engineer shall post the said bridges as set forth herein. Violation of these limits shall constitute a misdemeanor in accordance With RCW 36.75.270. DATED this_day of December 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON KEVIN SHUTTY,Chair ATTEST: SHARON TRASK,Vice Chair MELISSA DREWRY, Clerk of the Board APPROVED AS TO FORM: RANDY NEATHERLIN,Commissioner TIM WHITEHEAD, Ch.Deputy Prosecuting Attorney cc: Public Works Sheriff Prosecutor Publ.:1 Time: r ZIZ1 9(Bill: Mason County Dept.of Public Works) L. ►�- MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: December 10, 2019 Agenda Item # (Commissioner staff t&co plete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8068519-8068894 $ 383,934.11 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasurer Electronic Remittance for November 2019 $ 1,171,293.80 Electronic Remittance Detail Macecom 11/15/2019 $ 131,734.22 Mental Health 11/8/2019 $ 64,512.71 Community Health &Social Services 11/8/2019 $ 673.62 Capital Impory Reet 2 Fund 351 to Belfair Sewer 11/18/2019$ 400,000.00 Mental Health to Clerk 11/19/2019 $ 4,112.50 Mental Health to Prosecutor 11/19/2019 $ 13,208.88 Mental Health to Therapeutic Court 11/19/2019 $ 76,969.81 Mental Health to Juvenile Probation 11/19/2019 $ 23,234.58 4th Quarter Internal Allocations 11/22/2019 $ 451,144,.48 CE-Non departmental to Trial Ct Improvements 11/15/2019 $ 5,703.00 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 26,331,964.63 Direct Deposit YTD Total $ 15,209,563.23 Salary Clearing YTD Total $ 15,898,266.68 Approval of Treasurer Electronic Remittance YTD Total $ 8,871,334.59 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8068519-8068894 $ 383,934.11 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasurer Electronic Remittance for November 2019 $ 1,171,293.80 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) N Q,G �CIS �o& Office of the Treasurer P' ti'`% ,!-A 11/15/2019 411 N. 5th, Bldg. E P.O. Box 429 PaymI - o-Val of Macecom: Shelton, Washington 98584-0429 (360) 427-9670, ext. 475 • Fax (360) 427-7267 Elisabeth (Lisa) Frazier, Treasurer NFa cecom M-60094 $ - 11/8/2019 Payment approval of Mental Health: FUND Account# Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 64,512.71 M-59857 Is - M- Payment approval of Community Health & Social Services Fees: 11/8/2019 FISCAL BOND AGENT FUND FUND No. ACCT. #'S Remiittance RECEIPT # Community Health & Social Services 637.000000.000.000 $ 673.62 M-59897 Payment approval of Capital Improvement Reet 2 11/18/2019 FISCAL BOND AGENT FUND FUND No. ACCT. #'S Remiittance RECEIPT # Capital Improv Reet 2 Fund 351 351.000000.000.000 $ 400,000.00 M-60146 Budgeted Trnsfr to BELFAIR SEWER 413.000000.000.000 $400,000.00 M-60147 11/19/2019 FUND Account# Remiittance RECEIPT # Mental Health- Budgeted Transfer 164.000000.100.000 $ 4,112.50 M-60148 Clerk 001.000000.070.000 $4,112.50 M-60149 19-Nov-19 FUND Account# Remiittance RECEIPT # Mental Health- Budgeted Transfer 164.000000.100.000 $ 13,208.88 M-60150 Prosecutor 001.000000.180.164 1 $13,208.88 M-60151 19-Nov-19 FUND Account# Remiittance RECEIPT # Mental Health- Budgeted Transfer 164.000000.100.000 $ 76,969.81 M-60155 Therapeutic Court 001.000000.256.100 $76,969.81 M-60156 11/19/2019 FUND Account# Remiittance RECEIPT # Mental Health-Budgeted Transfer 164.000000.100.000 $ 23,234.58 M-60153 Juvenile Probation 001.000000.170.000 $23,234.58 M-60154 11/22/2019 4TH QUARTER INTERNAL ALLOCATIONS FUND Account # Remiittance RECEIPT # DCD-INTERNAL ALLOCATION 001.000000.125.000 $35,663.00 M-60299 DCD-INTERNAL ALLOCATION 001.000000.125.000 $0.00 M-60299 SALES TAX-INTERNAL ALLOC 103.000000.000.000 $2,078.00 M-60299 AUDITOR O & M INTERNAL ALLOC 104.000000.000.000 $2,413.50 M-60299 ROADS/STREETS ADMIN 105.000000.000.000 $ 188,573.50 M-60299 COUNTY ROADS INTERNAL ALLOC 105.000000.000.000 $ - PATHS & TRAILS INT ALLOC 106.000000.000.000 $ 374.25 M-60299 ELECTION EQUIPMENT INT ALLOC 109.000000.000.000 $287.00 M-60299 CRIME VICTIMS COMPENSATION 110.000000.000.000 $623.50 M-60299 HISTORICAL PRESERVATION 116.000000.000.000 $1,142.75 M-60299 COMM SUPPORT SERV 117.000000.000.200 $ 8,260.75 M-60299 ABATEMENT REPAIR/DEMOLITION 118.000000.000.000 $302.50 M-60299 RESERVE FOR TECHNOLOGY 119.000000.000.000 $ 322.00 M-60299 REET & PROPERTY TAX ADMIN 120.000000.000.000 $ 1,235.25 M-60299 NATIONAL FOREST SAFETY 134.000000.000.000 $ 281.50 M-60299 TRIAL COURT IMPROVEMENT 135.000000.000.000 $ 622.00 M-60299 SHERIFF 140.000000.000.000 $ 3,634.50 M-60299 PUBLIC HEALTH/ADMIN 150.000000.100.000 $11,773.75 M-60299 PUBLIC HEALTH/ADMIN 150.000000.100.000 $0.00 PUBLIC HEALTH/NURSING 150.000000.200.000 $11,886.50 M-60299 PUBLIC HEALTH/ENVIRONMENTAL 150.000000.300.000 $ 17,700.50 M-60299 LAW LIBRARY 160.000000.000.000 $1,195.25 M-60299 LODGING(MOTEL/HOTEL TAX) 163.000000.000.000 $ 3,857.00 M-60299 MENTAL HEALTH 164.000000.000.000 $7,663.75 M-60299 MENTAL HEALTH/SUBSTANCE ABUSE 164.000000.100.000 $2,216.50 M-60299 VETERANS ASSISTANCE 190.000000.000.000 $ 3,389.75 M-60299 SKOKOMISH FLOOD ZONE 192.000000.000.000 $1,101.50 M-60299 MASON LAKE MANAGEMENT DIST. 194.000000.000.000 $376.50 M-60299 ISLAND LAKE MANAGEMENT DIST. 199.000000.000.000 $109.75 M-60299 REET 1 350.000000.000.000 $2,139.00 M-60299 REET 2 351.000000.000.000 $5,715.25 M-60299 LANDFILL - INTERNAL ALLOCATION 402.000000.000.000 $31,145.25 M-60299 LANDFILL - INTERNAL ALLOCATION 402.000000.000.000 $16,044.50 M-60299 SEWER UTILITY - INTERNAL ALLOC 403.000000.100.020 $12,726.75 M-60299 SEWER UTILITY - INTERNAL ALLOC 403.000000.100.020 $4,949.25 M-60299 N BAY CASE INLET - INTERNAL ALLOC 404.000000.000.000 $173.48 M-60299 RUSTLEWOOD INTERNAL ALLOCATION 411.000000.100.000 $2,429.00 M-60299 RUSTLEWOOD INTERNAL ALLOCATION 411.000000.100.000 $1,041.00 M-60299 RUSTLEWOOD INTERNAL ALLOCATION 411.000000.200.000 $2,429.00 M-60299 RUSTLEWOOD INTERNAL ALLOCATION 411.000000.200.000 $1,041.00 M-60299 BEARD'S COVE WATER INTERNAL ALL 412.000000.200.000 $2,934.75 M-60299 BEARD'S COVE WATER INTERNAL ALL 412.000000.200.000 $926.75 M-60299 BELFAIR WW INTERNAL ALLOCATION 413.000000.000.000 $6,287.00 M-60299 BELFAIR WW INTERNAL ALLOCATION 413.000000.000.000 $2,445.00 M-60299 RESERVE LANDFILL INTERNAL ALLOC 428.000000.000.000 $196.25 M-60299 RESERVE BEARDS COVE INT ALLOC 429.000000.000.000 $1,061.00 M-60299 STORM DRAIN SYS INTERNAL ALLOC 480.000000.000.000 $1,237.25 M-60299 INFORMATION TECH INTERNAL ALLOC 500.000000.000.000 $10,531.00 M-60299 E R & R INTERNAL ALLOCATION 501.000000.000.000 $37,978.50 M-60299 UNEMPLOYMENT FUND INTERNAL ALL 502.000000.000.000 $628.75 M-60299 11/15/2019 FUND Account # Remiittance RECEIPT # CE-Non departmental 001.000000.310.000 $ 5,703.00 M-60098 TRIAL COURT IMPROVEMENT 135.000000.000.000 $5,703.00 M-60099 Respectfully submitted by Julie Richert Chief Deputy Treasurer 11/30/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Risk Management EXT: 422 COMMISSION MEETING DATE: 12/10/19 Agenda Item # j Commissioner staff to complete) BRIEFING DATE: 10/7/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to enter into a Professional Services Lump Sum Consultant Agreement with Puget Environmental, PLLC. for the mitigation of the soil exposure for the selected properties using their Cleanup Proposal and Cost Estimate developed for the eight (8) properties whose soil was affected by the Trails End Lake chip sealing incident. Background: On July 2, 2019 Public Works Road crew was performing a chip sealing project on E Trails End Drive in Mason County, Washington. An unanticipated rainfall event occurred, and at that time the asphalt emulsion hadn't broke yet. The rain caused the asphalt emulsion to bleed onto the right-of-way and private properties. Road crews worked through the night to control the bleed and mitigate as much of the damage as possible. Department of Ecology was contacted by Mason County and by some of the effected residents, and have been involved in communicating how to remediate the damage. Mason County hired Puget Environmental, PLLC to evaluate the extent of impact on affected properties and they developed an appropriate cleanup plan. Puget Environmental, LLC. prepared site-specific cleanup plans for each selected property, and provided a Cleanup Proposal and Cost Estimate for the most impacted properties. RECOMMENDED OR REQUESTED ACTION: Approval to enter into a Professional Services Lump Sum Consultant Agreement with Puget Environmental, PLLC. for the mitigation of the soil exposure for the selected properties using their Cleanup Proposal and Cost Estimate developed for the eight (8) properties whose soil was affected by the Trails End Lake chip sealing incident. ATTACHMENTS: Professional Services Lump Sum Consultant Agreement Local Agency Professional Services Lump Sum Consultant Agreement Agreement Number: Does this Require DES filing? ❑ Yes ❑ No Firm/Organization Legal Name(do not use dba's): Puget Environmental,PLLC Address Federal Aid Number 4616 25th Ave NE#143, Seattle,WA 98105 UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Federal Participation ❑ Yes ❑� No ❑ Yes No Project Title Trails End Community Mitigation Description of Work Puget Environmental,PLLC was hired by Mason Copunty as a consultant for evaluating and creating a site clean up plan for various properties affected by the Trails End Community Chip Seal incident. Based on results from the consultation,it appears soil at various properties has been impacted by asphalt sealant material extending from the surface to approximately 1 foot below ground surface(bgs). Puget Environmental,PLLC will be managing the mitigation cleanup plans for properties with identified impacts to soil are presented in the October 28, 2019 cleanup plan report as attached in Exhibit A- Scope of Work. ❑ Yes % ❑] No DBE Participation Maximum Amount Payable: $249,000.00 ❑ Yes % T No MBE Participation ❑ Yes % FV_1 No WBE Participation ❑ Yes % 0 No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 1 of 13 Revised 1110112017 THIS AGREEMENT, made and entered into as shown in the"Execution Date"box on page one(1)of this AGREEMENT, between the Mason County , hereinafter called the"AGENCY,"and the"Firm/Organization Name"referenced on page one(1)of this AGREEMENT,hereinafter called the"CONSULTANT." WHEREAS,the AGENCY desires to accomplish the work referenced in"Description of Work"on page one(1) of this AGREEMENT and hereafter called the"SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms, conditions, covenants,and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City,or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes,regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 2 of 13 Revised 1110112017 Participation for Disadvantaged Business Enterprises(DBE)or Small Business Enterprises(SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will be shown on Exhibit`B"attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)regulation outlined in the AGENCY's"DBE Program Participation Plan"and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work.Although the goal is voluntary,the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation.Non-minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports,PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications,documents, and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by(i)certified mail, return receipt requested, or(ii)by email or facsimile,to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Nichole Wilston Name: Jeff Meyer Agency: Mason County Risk Management Agency: Puget Environmental,PLLC Address: 411 N 5th Street Address: 4616 25th Ave NE#143 City: Shelton State: WA Zip: 98584 City: Seattle State: WA Zip: 98105 Email: nwilston@co.mason.wa.us Email: johnmeyer@pugetenvironmental.com Phone: 360-427-9670 x643 Phone: 206-518-4887 Facsimile: 360-427-8439 Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services(DES) pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES,work cannot begin,nor payment made until ten(10)or more working days following the date of filing, and until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD, or governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 3 of 13 Revised 1110112017 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the lump sum amount is attached hereto as Exhibits"D"and`B"and by this reference made part of this AGREEMENT. A. Lump Sum Agreement: Payment for all consulting SERVICES shall be on the basis of a lump sum amount as shown on page one(1) of this AGREEMENT. B. Maximum Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one(1.)The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of costs on a monthly basis. To provide a means of verifying the billed salary costs for the CONSULTANT's employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per the WSDOT's"Audit Guide for Consultants,"Chapter 23 "Resolution Procedures,"the CONSULTANT has twenty(20)working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. E. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period,the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. A post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 4 of 13 Revised 1110112017 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. All reimbursable direct labor, indirect cost rate,direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier,to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color,national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT,any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees,without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 5 of 13 Revised 1110112017 VIII. Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) . 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT which,when added to any payments previously made, shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the SERVICES. In addition,the CONSULTANT shall be paid for any authorized extra work completed. No payment shall be made for any SERVICES completed after ten(10)days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two(2)of this section,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth in paragraph two(2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 6 of 13 Revised 1110112017 The CONSULTANT shall,within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State,and local laws, rules,codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington(STATE)and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 7 of 13 Revised 1110112017 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents,officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and(b)the STATE and or the AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or the AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes,designs, information or other items furnished or communicated to STATE and/or the AGENCY,their agents,officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information,know-how, copyright rights or inventions resulting from STATE's and/or the AGENCY'S,their agents', officers'and employees' failure to comply with specific written instructions regarding use provided to STATE and/or the AGENCY,their agents,officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW;or any similar statute involving the CONSULTANT in the procurement of, or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. This waiver has been mutually negotiated by the Parties. Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 8 of 13 Revised 1110112017 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto"(Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY,their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the"AIs"),with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the execution of this AGREEMENT to: Name: Nichole Wilston Agency: Mason County Risk Management Address: 411 N 5th Street City: Shelton State: WA Zip: 98584 Email: nwilston@co.mason.wa.us Phone: 360-427-967 x643 Facsimile: 360-427-8439 No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars($1,000,000.00),whichever is greater,unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: Loca/AgencyProfessional Services Lump Sum Consultant Agreement Page 9 of 13 Revised 11/01/2017 XIII. Extra Work A. The AGENCY may at any time, by written order,make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable; (2)delivery or completion schedule, or both; and(3)other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as"CLAIM," under this clause within thirty(30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI"Disputes"clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A.) and(B.)above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the AGENCY Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit"G-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3"is required only in AGREEMENT's over one hundred thousand dollars($100,000.00)and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT,and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements"prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement,representation,promise or agreement not set forth herein. No changes,amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 10 of 13 Revised 1110112017 XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes("State's Confidential Information"). The"State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers,e-mail addresses,telephone numbers,financial profiles, credit card information, driver's license numbers,medical data, law enforcement record�(or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish,transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii)returned all of the State's Confidential Information to the AGENCY;or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s) for which the State's Confidential Information was received;who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential"and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 11 of 13 Revised 11/01/2017 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a)at the commencement of the term of this AGREEMENT; or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information"is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced,the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information("ESI"),that is in the possession, control, or custody of the CONSULTANT, including,without limitation, any and all correspondences, contracts,AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records,telegrams, schedules,diaries,notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings,visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories,and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded,written, printed or typed matters of any kind or description;every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing,whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 12 of 13 Revised 1110112017 For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook,Word,Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones,thumb drives, CDs, DVDs,floppy disks,work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed, and/or modified. The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms,unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency Professional Services Lump Sum Consultant Agreement Page 13 of 13 Revised 1110112017 Exhibit A Scope of Work Project No. See Attached Exhibit A- Scope of Work Agreement Number: ExhibitA-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 0001 Exhibit A-Scope of Work PUGET E N V I R O N M E N T A L P.L.L.C. October 28, 2019 Ms. Nichole Wilston Risk & Safety Compliance Manager Mason County Risk Management Department 411 North 5th Street Shelton, WA 98584 Subject: Site Evaluation and Cleanup Plan Report Trails End Lake Community Mason County, Washington Dear Ms. Wilston: In accordance with your request, Puget Environmental, PLLC (Puget) has prepared this report presenting results of site evaluation and cleanup plan development activities at various properties in the Trails End Lake Community. Work was conducted in accordance with the Proposal for Site Evaluation and Cleanup Plan Development, prepared by Puget, dated October 2, 2019. BACKGROUND In July 2019 an incident reportedly occurred in the Trails End Lake Community during a road chip-sealing project. During the project an unanticipated rainfall event reportedly caused a portion of the asphalt road sealant material to flow onto adjacent residential properties. Initial reports indicate approximately 25 properties may have been affected. INVESTIGATION ACTIVITIES AND RESULTS Records Review and Site Inspection Scheduling On October 9, 2019, Puget personnel traveled to the Mason County administrative facilities in Shelton, Washington to conduct a detailed records review of available information for the affected properties including diagrams, photographs, discussion notes and claims-filed information. The review was conducted in order to develop a site specific inspection and soil sampling and analysis plan for select properties identified as having the greatest potential concern. 4616 25`h Street NE#143, Seattle,Washington (206)518-4887 0002 Exhibit A-Scope of Work PUGET E N V I R O N M E N T A L P.L.L.C. Based on results of the review, a schedule for follow-up site inspection was developed for select properties to further evaluate conditions and determine what additional testing or mitigation may be needed. A list of the 15 potentially affected properties that were reviewed is shown on Table 1. Site Inspection and Soil Sampling Field Investigation On October 15 and 16, 2019, Puget visited the Trails End Lake Community to observe conditions at potentially affected properties and collect soil samples for analysis. During the visit, impacts to soil and vegetation were observed as well as impacts to impervious surfaces including concrete, asphalt, siding and vehicles. Several surface drains also appeared to have been impacted. The impacted areas identified during the October 15 and 16 investigation are shown on Table 1. Based on results of the records review and site inspection, soil samples were collected at select locations to further evaluate conditions. Soil samples were collected using hand tools and laboratory-supplied containers. Samples from each location were examined by a state-licensed geologist and evaluated for the presence of asphalt sealant using a combination of visual observation and colorimetric sheen testing using laboratory-supplied solvent and equipment. Select samples were placed into an iced cooler pending transport to the analytical laboratory. Soil encountered generally consisted of approximately 6-inches of medium-brown to dark black gravelly sand with silt underlain by dense tannish-brown gravelly, sand with silt and cobbles to the maximum depth explored of approximately 1 foot. Results of colorimetric sheen testing identified apparent asphalt sealant impacts at several locations that appeared to affect soil from the surface to approximately 1 foot below ground surface (bgs). Laboratory Analysis and Results Based on results of field observation, select samples were transported to the Friedman & Bruya laboratory in Seattle, Washington and analyzed for total petroleum hydrocarbons as diesel (TPH-D) and as oil (TPH-O) using Washington State Department of Ecology (Ecology) method NWTPH-Dx. A total of 12 soil samples from 6 separate properties were analyzed. Results indicate soil samples collected approximately 6 inches bgs near the porch and shed at the Daignault property and near the fence at the front of the 2121 Milner 2 Project 19342 0003 Exhibit A-Scope of Work PUGET E N V I R O N M E N T A L P.L.L.C. property contained TPH-D and TPH-O concentrations up to 5,700 milligrams per kilogram (mg/kg), exceeding the Model Toxics Control Act (MTCA) Method A cleanup level of 2,000 mg/kg. Remaining samples contained analyte concentrations below the MTCA Method A cleanup level. Laboratory results are shown on Table 2. Copies of the official laboratory reports and chain of custody documentation are attached. DATA EVALUATION AND CLEANUP PLAN DEVELOPMENT Based on results, it appears soil at several properties has been impacted by the asphalt sealant material, extending from the surface to approximately one foot below ground surface. Various impervious surfaces including concrete, asphalt, siding and vehicles also appear to have been impacted. The areas and estimated extents of impact are shown on Table 1. Based on results, cleanup plans were developed for properties with identified impacts to soil. Proposed cleanup plans are as follows: 1861 East Trails End Drive (Daignault) Summary of Conditions - Soil beneath the site is impacted with diesel- and oil-range hydrocarbon concentrations up to 5,700 mg/kg. Impacts appear to be present from the surface to approximately 1 foot below ground surface in separate areas beneath and around the playground equipment and beneath and around the shed and porch. The extent of impact eastward beneath the foundation footing is not known. Impacted areas are shown on Figure 1. Impacts are also present beneath the gravel shoulder and parking areas at the western portion of the property. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 155 cubic yards of impacted soil and gravel in the areas identified above using a vacuum truck and excavator. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. Excavation of impacted soil will require removal and replacement of the playground equipment, shed and porch. Based on results of excavation soil samples, additional followup testing may be recommended, as needed. 3 Project 19342 0004 Exhibit A-Scope of Work PUGET E N V I R O N M E N T A L P.L.L.C. 2051 East Trails End Drive (Cunningham) Summary of Conditions - Soil beneath the site is impacted with apparent diesel- and oil- range hydrocarbons. Impacts appear to be present from the surface to approximately 1 foot below ground surface in separate areas beneath the sideyard on the northern side of the house and beneath the gravel shoulder and parking areas at the western portion of the property. Impacted areas are shown on Figure 2. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 165 cubic yards of impacted soil and gravel in the areas identified above using a vacuum truck and excavator. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. 2061 East Trails End Drive (McDevitt) Summary of Conditions — Soil beneath the site is impacted with apparent diesel- and oil- range Impacts from the surface to approximately 1 foot bgs at the southern edge of the driveway. Impacted areas are shown on Figure 3. Impervious surfaces also appear to have been impacted including aggregate concrete and the garage door. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 10 cubic yards of impacted soil in the area identified above using a vacuum truck. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. Impacts to aggregate concrete and garage door may be removed using hot surfactant pressure washing and/or coated with a suitable sealant. 2081 East Trails End Drive (Elliot) Summary of Conditions - Soil beneath the site is impacted with apparent diesel- and oil- range hydrocarbon concentrations from the surface to approximately 1 foot bgs in the 4 Project 19342 0005 Exhibit A-Scope of Work PUGET E N V I R O N M E N T A L P.L.L.C. sideyard north of the house. Impacts are also present beneath the gravel shoulder, and parking area and driveway. Impacted areas are shown on Figure 4. An approximately 20 foot long section of wooden fence along the northern property boundary also appears to have been impacted. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 220 cubic yards of impacted soil in the areas identified above using a vacuum truck and excavator. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. Impacts to the wooden fence may be addressed by cleaning and painting, or by removal and replacement. 2120 East Trails End Drive (Milner) Summary of Conditions — Soil and gravel with apparent diesel- and oil-range impacts that were removed from other locations appear to have been placed in a stockpile at the southern portion of the property along the surface at the central portion of the property. Impacted areas are shown on Figure 5. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 155 cubic yards of impacted soil in the areas identified above using a vacuum truck and excavator. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. 2121 East Trails End Drive (Milner) Summary of Conditions - Soil beneath the site is impacted with diesel- and oil-range hydrocarbon concentrations up to 4,400 mg/kg. Impacts appear to be present from the surface to approximately 1 foot below ground surface at the western portion of the property adjacent to and beneath the wooden fence. Impacted areas are shown on Figure 6. An approximately 75 foot long section of wooden fence along the western property boundary also appears to have been impacted. 5 Project 19342 0006 Exhibit A-Scope of Work PUGET ENVIRONMENTAL P.L.L.C. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 20 cubic yards of impacted soil in the areas identified above using a vacuum truck and excavator. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. Impacts to the wooden fence may be addressed by cleaning and painting, or by removal and replacement. 2151 East Trails End Drive (Coombs) Summary of Conditions - Soil beneath the site is impacted with apparent diesel- and oil- range hydrocarbons. Impacts appear to be present from the surface to approximately 1 foot below ground surface at the northern sideyard next to the house and beneath the lawn at the foot of the driveway. Impacted areas are shown on Figure 7. Impacts are also present beneath the gravel shoulder and parking areas at the western portion of the property and the drain north of the house. Impervious surfaces also appear to have been impacted including the house exterior and concrete curtain near the front entrance. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 130 cubic yards of impacted soil in the area identified above using a vacuum truck. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. Impacts to the house exterior and concrete curtain may be removed using hot surfactant pressure washing and/or coated with a suitable sealant. 2161 East Trails End Drive (Gerou) Summary of Conditions - Soil beneath the site is impacted with apparent diesel- and oil- range hydrocarbons. Impacts appear to be present from the surface to approximately 1 foot below ground surface at the northern portion of the property adjacent to the edge of the pavement and at the foot of the driveway. Impacted areas are shown on Figure 8. The asphalt driveway also appears to have been impacted. 6 Project 19342 0007 Exhibit A-Scope of Work PUGET E N V I R O N M E N T A L P.L.L.C. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 30 cubic yards of impacted soil in the areas identified above using a vacuum truck. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. Impacts to the asphalt driveway may be removed using hot surfactant pressure washing and/or coated with a suitable sealant. 2160 East Trails End Drive (Siptroth) Summary of Conditions - Soil beneath the site is impacted with apparent diesel- and oil- range hydrocarbons from the surface to approximately 1 foot bgs adjacent to the northern edge of the pavement at the foot of the driveway. Impacted areas are shown on Figure 9. The asphalt driveway also appears to have been impacted. Cleanup Plan — Based on conditions, Puget recommends excavation and removal of up to 20 cubic yards of impacted soil in the areas identified above using a vacuum truck. Following soil removal, soil samples would be collected from the limits of excavation to confirm removal of the impacts before backfilling with clean material. Excavated material would then be transported off site for reuse or disposal. Impacts to the asphalt driveway may be removed using hot surfactant pressure washing and/or coated with a suitable sealant. Other Sites In addition to the above, 6 other sites were identified with impacts to shoulder area and/or impervious surfaces including asphalt, gravel shoulders, painted surfaces and drains. Based on observed conditions, Puget recommends cleanup of select stained areas using hot surfactant pressure washing, as possible. Areas not treatable through pressure washing may need to be otherwise cleaned or coated. Use of a vacuum truck and excavator is recommended to remove gravel and debris from affected shoulders and drains, as needed. 7 Project 19342 0008 Exhibit A-Scope of Work PUGET E N V I R O N M E N T A L P.L.L.C. We appreciate the opportunity to assist on this project. If you have any questions, please do not hesitate to contact me at (206) 518-4887. Sincerely, John K. Meyer, L.HG. Principal Hydrogeologist Attachments Tables Laboratory Report and Chain of Custody Documentation Figures 8 Project 19342 0009 Exhibit A-Scope of Work Table 1 Property Evaluation Results Trails End Lake Community _ East Trails End Drive Belfair,Washington 98528 Claim Name House Affected Area Location Surface Area Volume Recommendations Number Number (Square Yards Cubic Yards Soil Beneath Playground Equipment 150 50 C19-12 Daignault,Richard 1861 Soil Around and Beneath Shed and Porch 100 35 See Cleanup Plan Gravel Shoulder and Parking Strip 200 70 C19-24 Knull,Joseph 1971 Driveway Left Side of Drive ??? -- ??? ??? 2031 Motor Home Side of Motor Home 8 -- Pressure Wash C19-20 Alvin,Cunningham 2051 Soil Left Sideyard 80 30 See Cleanup Plan Gravel Parking Area-Front of House 400 135 Soil Right Edge of Driveway 20 10 C19-03 McDevitt,Michael 2061 Garage Door Facing Street 8 -- See Cleanup Plan Aggregate Concrete Front and Southern Side of House 600 Soil Northern Side of House 150 50 C19-18 Elliot,Rob 2081 Gravel Parking Area/Driveway 500 170 See Cleanup Plan Wooden Fence Northern Property Line 20 LF -- C19-31 Nohavec,Curt 2091 Gravel Shoulder and Driveway 250 85 Excavate and Backfill Soil Stockpile Left Side of Lot 50 20 C19 14 Milner,Kristine 2120 Gravel Center of Lot 400 135 See Cleanup Plan Soil Driveway and Under Fence 50 20 C19-14 Milner,Kristine 2121 See Cleanup Plan Wooden Fence Front of Property 75 LF -- Soil&Cottage Stones Left Side of Property 80 30 Lawn Front Yard 50 20 C19-16 Coombs,Barbara 2151 Gravel Shoulder and Driveway 230 80 See Cleanup Plan House Exterior Left Side of Building 80 -- Drain Left Side of Building 1 Concrete Curtain Front of House 20 LF -- Soil Left of Drive 30 10 C19-25 Gerou,Kevin 2161 Gravel and Sand Drain Pipe Foot of Drive 60 20 See Cleanup Plan Asphalt Driveway Front of House 200 -- Soil East End of Drive 50 20 C19-26 Siptroth,Michael 2160 See Cleanup Plan Asphalt Driveway Driveway 80 -- C19-25 Henderson,Renee 2181 Gravel Shoulder and Drive 100 35 Excavate and Backfill Drain Drive 1 -- Vacuum Out Debris C19-30 Dresel,Sam 2281 Asphalt Driveway Front of House 600 Pressure Wash or Apply Asphalt Seal Retaining Wall Left of Drive 40 LF Pressure Wash Strip Drain Front of Garage 1 Vacuum Out Debris C19 27 Birnbaum,lack 2301 Fence Front of Property 100 LF -- Pressure Wash Gravel Driveway Front of Property 50 70 Excavate and Backfill 0010 Exhibit A-Scope of Work PUGET E N V I R 0 N M ENTAL P.L.L.C. October 28, 2019 Ms. Nichole Wilston Risk & Safety Compliance Manager Mason County Risk Management Department 411 North 5th Street Shelton, WA 98584 Subject: Cleanup Proposal and Cost Estimate Trails End Lake Community Mason County, Washington Dear Ms. Wilston: In accordance with your request, Puget Environmental, PLLC (Puget) has prepared this cleanup proposal and cost estimate for various properties in the Trails End Lake Community. BACKGROUND In July 2019 an incident reportedly occurred in the Trails End Lake Community during a road chip-sealing project. During the project an unanticipated rainfall event reportedly caused a portion of the asphalt road sealant material to flow onto adjacent residential properties. Initial reports indicate approximately 25 properties may have been affected. In October 2019, Puget conducted a detailed records review and field evaluation for 15 select properties identified as having the greatest environmental concern. Based on results, cleanup plans were prepared for nine select properties with identified impacts to soil. Investigation results and cleanup plan details are presented in the Site Evaluation and Cleanup Plan Report prepared by Puget, dated October 28, 2019. PROPOSED SCOPE OF WORK Based on results, it appears soil at various properties has been impacted by asphalt sealant material extending from the surface to approximately 1 foot below ground surface (bgs). Various impervious surfaces including concrete, asphalt, siding and vehicles also appear to have been affected. Cleanup plans for properties with identified impacts to soil are presented in the October 28, 2019 cleanup plan report. 4616 25`h Street NE#143,Seattle, Washington (206) 518-4887 0011 Exhibit A-Scope of Work PUGET ENVI RON M ENTAL P.L.L.C. Based on results, Puget has evaluated proposed cleanup activities to develop a detailed cleanup cost estimate for each site. Estimated soil cleanup costs for each site are presented in the attached table. Based on the similarities between sites, Puget recommends grouping cleanup activities at several sites together in order to improve efficiency and reduce overall costs compared to conducting cleanups at each site individually. We appreciate the opportunity to assist on this project. If you have any questions, please do not hesitate to contact me at (206) 518-4887. Sincerely, PUGET Environmental PLLC John K. Meyer, L.HG. Principal Hydrogeologist Attachment Estimated Soil Cleanup Costs 2 Project W0100219 Exhibit B DBE Participation/SBE Plan Pursuant to Section III,General Requirements,of this AGREEMENT. Agreement Number: Exhibit B-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency.The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design&Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: Exhibit C-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant Any and all documents pertaining to this AGREEMENT. E. Specify the Electronic Deliverables to Be Provided to the Agency Any and all documents pertaining to this AGREEMENT. F. Specify What Agency Furnished Services and Information Is to Be Provided Any and all documents pertaining to this AGREEMENT. Agreement Number: Exhibit C-Local Agency Professional Services Lump Sum Consultant Agreement Revised 1110112017 Page 2 of 4 II. Any Other Electronic Files to Be Provided Send by email,unless over LOMB,then send to County FTP site,directions provided by the Risk Manager. III. Methods to Electronically Exchange Data Send by email,unless over I OMB,then send to County FTP site,directions provided by the Risk Manager. Exhibit C-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11101/2017 Page 3 of 4 A. Agency Software Suite Office 2016 B. Electronic Messaging System Send by email,unless over l OMB,then send to County FTP site,directions provided by the Risk Manager. C. File Transfers Format Send by email,unless over 1 OMB,then send to County FTP site,directions provided by the Risk Manager. Exhibit C-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 4 of 4 Exhibit D Prime Consultant Cost Computations See Attached Exhibit D-Prime Consultant Cost Computations Agreement Number: Exhibit D-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11101/2017 Page 1 of 1 0001 Exhibit D-Prime Consultant Cost Computations Estimated Soil Cleanup Costs Trails End Lake Community Mason County,Washington Item Unit Type Units Unit Cost Total Remove or demolish playground equipment,shed and porch;excavate and remove up to 155 cubic yards of impacted material using a vacuum truck and excavator, 1861 East Trails End Drive(Daignault) stockpile cuttings;collect confirmation soil samples from the excavation bottom and sidewalls for laboratory analysis;backfill excavations with clean fill;rebuild or replace playground equipment,shed and porch;evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 20 $ 155.00 $ 3,100.00 Project Manager Days 8 $ 950.00 $ 7,600.00 Field Supervisor Days 10 $ 800.00 $ 8,000.00 Senior Technician Days 10 $ 700.00 $ 7,000.00 Vacuum Truck Days 5 $ 2,800.00 $ 14,000.00 Mini Excavator Days 5 $ 850.00 $ 4,250.00 Dumptruck Days 5 $ 800.00 $ 4,000.00 Materials(playground,shed,porch,backfill material) Estimate 1 $ 12,000.00 $ 12,000.00 Waste Transportation and Disposal Unit 1 $ 3,500.00 $ 3,500.00 Laboratory Analysis Samples 24 $ 100.00 $ 2,400.00 Data Evaluation and Reporting Unit 1 $ 2,750.00 $ 2,750.00 Subtotal $ 68,600.00 Excavate and remove up to 165 cubic yards of impacted material using a vacuum truck and excavator;stockpile cuttings;collect confirmation soil samples from the 2051 East Trails End Drive(Cunningham) excavation bottom and sidewalls for laboratory analysis;backfill excavations with clean fill;evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 8 $ 155.00 $ 1,240.00 Project Manager Days 4 $ 950.00 $ 3,800.00 Field Supervisor Days 4 $ 800.00 $ 3,200.00 Senior Technician Days 4 $ 700.00 $ 2,800.00 Vacuum Truck Days 2 $ 2,800.00 $ 5,600.00 Mini Excavator Days 3 $ 850.00 $ 2,550.00 Dumptruck Days 3 $ 800.00 $ 2,400.00 Backfill Material Yard 165 $ 35.00 $ 5,775.00 Laboratory Analysis Samples 12 $ 100.00 $ 1,200.00 Data Evaluation and Reporting Unit 1 $ 2,750.00 $ 2,750.00 Subtotal $ 31,316.00 Excavate and remove up to 10 cubic yards of impacted material using a vacuum 2061 East Trails End Drive(McDevitt) truck;stockpile cuttings;collect confirmation soil samples from the excavation bottom and sidewalls for laboratory analysis;backfill excavation with clean fill; evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 2 $ 155.00 $ 310.00 Project Manager Days 1 $ 950.00 $ 950.00 Field Supervisor Days 1 $ 800.00 $ 800.00 Senior Technician Days 1 $ 700.00 $ 700.00 Vacuum Truck Days 1 $ 2,800.00 $ 2,800.00 Mini Excavator Days 0 $ 850.00 $ - Dumptruck Days 0 $ 800.00 $ - Backfill Material Estimate 10 $ 35.00 $ 350.00 Laboratory Analysis Samples 6 $ 100.00 $ 600.00 Data Evaluation and Reporting Unit1 $ 2,250.00 $ 2,250.00 Subtotal $ 8,760.00 1 0002 Exhibit D-Prime Consultant Cost Computations Estimated Soil Cleanup Costs Trails End Lake Community Mason County,Washington i Item Unit Type Units Unit Cost Total Excavate and remove up to 220 cubic yards of impacted material using a vacuum truck and excavator;stockpile cuttings;collect confirmation soil samples from the 2081 East Trails End Drive(Elliot) excavation bottom and sidewalls for laboratory analysis;backfill excavation with dean fill;evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 10 $ 155.00 $ 1,550.00 Project Manager Days 5 $ 950.00 $ 4,750.00 Field Supervisor Days 5 $ 800.00 $ 4,000.00 Senior Technician Days 5 $ 700.00 $ 3,500.00 Vacuum Truck Days 2 $ 2,800.00 $ 5,600.00 Mini Excavator Days 3 $ 850.00 $ 2,550.00 Dumptruck Days 3 $ 800.00 $ 2,400.00 Backfill Material Estimate 220 $ 35.00 $ 7,700.00 Laboratory Analysis Samples 18 $ 100.00 $ 1,800.00 Data Evaluation and Reporting Unit 1 $ 2,750.00 $ 2,750.00 Subtotal I $ 36,600.00 Excavate and remove up to 155 cubic yards of impacted material using a vacuum truck and excavator;stockpile cuttings;collect confirmation soil samples from the 2120 East Trails End Drive(Milner) excavation bottom and sidewalls for laboratory analysis;backfill excavation with clean fill;evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 6 $ 155.00 $ 930.00 Project Manager Days 3 $ 950.00 $ 2,850.00 Field Supervisor Days 3 $ 800.00 $ 2,400.00 Senior Technician Days 3 $ 700.00 $ 2,100.00 Vacuum Truck Days 2 $ 2,800.00 $ 5,600.00 Mini Excavator Days 2 $ 850.00 $ 1,700.00 Dumptruck Days 3 $ 800.00 $ 2,400.00 Backfill Material Estimate 155 $ 35.00 $ 5,425.00 Laboratory Analysis Samples 12 $ 100.00 $ 1,200.00 Data Evaluation and Reporting Unit 1 $ 2,250.00 $ 2,250.00 $ 26,866.00 Excavate and remove up to 20 cubic yards of impacted material using a vacuum truck and excavator;stockpile cuttings;collect confirmation soil samples from the 2121 East Trails End Drive(Milner) excavation bottom and sidewalls for laboratory analysis;backfill excavation with clean fill;evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 4 $ 155.00 $ 620.00 ProjectManager Days 2 $ 950.00 $ 1,900.00 F,eid Supervisor Days 2 $ 800.00 $ 1,600.00 Senior Technician Days 2 $ 700.00 $ 1,400.00 Vacuum Truck Days 2 $ 2,800.00 $ 5,600.00 Mini Excavator Days 2 $ 850.00 $ 1,700.00 Dumptruck Days 2 $ 800.00 $ 1,600.00 Backfill Material Estimate 20 $ 35.00 $ 700.00 Laboratory Analysis Samples 6 $ 100.00 $ 600.00 Data Evaluation and Reporting Unit 1 $ 2,250.00 $ 2,250.00 $ 17,870.00 2 0003 Exhibit D-Prime Consultant Cost Computations Estimated Soil Cleanup Costs Trails End Lake Community Mason County,Washington Item Unit Type Units Unit Cost Total Excavate and remove up to 130 cubic yards of impacted material using a vacuum truck and excavator;stockpile cuttings;collect confirmation soil samples from the 2151 East Trails End Drive(Coombs) excavation bottom and sidewalls for laboratory analysis;backfill excavation with clean fill;evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 10 $ 155.00 $ 1,550.00 Project Manager Days 5 $ 950.00 $ 4,750.00 Field Supervisor Days 5 $ 800.00 $ 4,000.00 Senior Technician Days 5 $ 700.00 $ 3,500.00 Vacuum Truck Days 3 $ 2,800.00 $ 8,400.00 Mini Excavator Days 5 $ 850.00 $ 4,250.00 Dumptruck Days 5 $ 800.00 $ 4,000.00 Backfill Material Estimate 130 $ 35.00 $ 4,550.00 Laboratory Analysis Samples 8 $ 100.00 $ 800.00 Data Evaluation and Reporting Unit 1 $ 2,750.00 $ 2,750.00 $ 38,550.00 Excavate and remove up to 30 cubic yards of impacted material using a vacuum truck and excavator,stockpile cuttings;collect confirmation soil samples from the 2161 East Trails End Drive(Gerou) excavation bottom and sidewalls for laboratory analysis,backfill excavation with clean fill;evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 4 $ 155.00 $ 620.00 Project Manager Days 2 $ 950.00 $ 1,900.00 Field Supervisor Days 2 $ 800.00 $ 1,600.00 Senior Technician Days 2 $ 700.00 $ 1,400.00 Vacuum Truck Days 2 $ 2,800.00 $ 5,600.00 Mini Excavator Days 0 $ 850.00 $ - Dumptruck Days 0 $ 800.00 $ - Backfill Material Estimate 30 $ 35.00 $ 1,050.00 Laboratory Analysis Samples 6 $ 100.00 $ 600.00 Data Evaluation and Reporting Unit 1 $ 2,250.00 $ 2,250.00 $ 15,020.00 Excavate and remove up to 20 cubic yards of impacted material using a vacuum truck and excavator;stockpile cuttings;collect confirmation soil samples from the 2160 East Trails End Drive(Siptroth) excavation bottom and sidewalls for laboratory analysis,backfill excavation with clean fill,evaluate results and prepare a report with conclusions and recommendations. Principal Hrs 2 $ 155.00 $ 310.00 Project Manager Days 1 $ 950.00 $ 950.00 Field Supervisor Days 1 $ 800.00 $ 800.00 Senior Technician Days 1 $ 700.00 $ 700.00 Vacuum Truck Days 1 $ 2,800.00 $ 2,800.00 Mini Excavator Days 0 $ 850.00 $ - Dumptruck Days 0 $ 800.00 $ - Backfill Material Estimate 20 $ 35.00 $ 700.00 Laboratory Analysis Samples 6 $ 100.00 $ 600.00 Data Evaluation and Reporting Unit 1 $ 2,250.00 $ 2,250.00 $ 9,110.00 3 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time.The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI"Sub-Contracting"of this AGREEMENT. N/A Agreement Number: Exhibit E-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit F Title V/ Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,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 AGREEMENT. 2. Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT 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 AGENCY,the STATE, or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT 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 CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11101/2017 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Puget Environmental,PLLC whose address is 4626 25th Ave NE#143, Seattle,WA 98105 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee,or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or c) Paid, or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee, contribution, donation, or consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Puget Environmental,PLLC Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit G-1(b) Certification of Mason County Official I hereby certify that I am the: ❑ Mason County Commissioner Chair ❑ Other Support Services Director of the Mason County,Washington , and Puget Environmental,PLLC or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person;or b) Pay, or agree to pay,to any firm,person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S.Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit G-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three(3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal, State, or local)transaction or contract under a public transaction;violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(Federal, State and local)terminated for cause or default. I1. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Puget Environmental,PLLC Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT,the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts,which exceed$100,000, and that all such sub-recipients shall certify and disclose accordingly. Puget Environmental,PLLC Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: Exhibit G-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing,to the Contracting Officer or to the Contracting Officer's representative in support of Trails End Community Chip Seal Incident *are accurate, complete, and current as of 10/28/2019 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Puget Environmental,PLLC Signature Title Date of Execution***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G-Local Agency Professional Services Lump Sum Consultant Agreement Revised 1110112017 Page 1 of 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to$ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract,whichever is greater,then justification shall be submitted to the Federal Highway Administration(FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained,the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. N/A Agreement Number: Exhibit H-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design errors) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5. Agreement Number: Exhibit I-Local Agency Professional Services Lump Sum Consultant Agreement Revised 1110112017 Pagel of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation.LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I-Local Agency Professional Services Lump Sum Consultant Agreement Revised 1110112017 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement.The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total$1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work;and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer,WSDOT Local Programs (if applicable), and FHWA(if applicable)agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Agreement Number: Exhibit J-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof,which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J-Local Agency Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: December 10, 2019 Agenda Item # $ �p Commissioner staff to coni lete BRIEFING DATE: December 2, 2019 BRIEFING PRESENTED BY: Frank Pinter / Diane Sheesley, P.E. [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval for the Board to authorize payback of 2018 traffic diversion dollars for the buyout of two Chevy Tahoes (K9 units) and 25% buy-down of two Ford Explorers in December of this year. Background: In 2018 the General Fund purchased 4 Sheriff's vehicles with Traffic Policing Dollars. In order to maintain Rural Arterial Trust Account (RATA) funding for Mason County the purchase of those vehicles cannot be born entirely by Road Fund diverted dollars because those vehicles are not 100% used for traffic policing purposes. After meeting with CRAB earlier this year, they informed us that the General Fund would need to repay to Roads that component of the cost of the four vehicles that are not eligible for Traffic Policing Diversion. The Sheriff's Office, Public Works, and Support Services met and presented to the Board three possible options for buying out vehicles: 1. Buyout two Chevy Tahoes and 25% of two Ford Explorers 2. Buyout one Chevy Tahoe and 25% of one Chevy Tahoe and two Ford Explorers 3. Buyout 70% of one Chevy Tahoe and 25% of one Chevy Tahoe and two Ford Explorers The Board has indicated that option 1 is preferred in order to help keep RATA funds safe. Recommended Action: Approval for the Board to authorize the payback of 2018 traffic diversion dollars in the amount of$102,425.21 to County Road from Non-Departmental for the buyout of two Chevy Tahoes (K9 units) and 25% buy-down of two Ford Explorers Attachment: Calculation of 2018 traffic diversion payback to County Road from the General Fund J:\Budget Office\Briefing, Agenda,&Public Hearing Items\2019\Action Agenda-2018 Traffic Diversion Payback.doc 2018 Traffic Diversion Due back to County Roads December 2,2019 BOCC Briefing Attachment Choose Neither Option Option 1 Option 2 Reconcilation with no vehicle buy out Total 2018-4 vehicles paid out of the Sheriff's Budget $ 245,035.09 $ 245,035.09 $ 245,035.09 Total 2018 of the 4 vehicles paid out of Traffic Funds $ 212,107.50 $ 212,107.50 $ 212,107.50 One Traffic Chevy Tahoe 75% One Patrol Chevy Tahoe 30% $ 63,898.78 Ford Explorers charged to Traffic at 75% $ 83,646.49 $ 147,545.27 2018 Chevy Tahoes Depreciation $ 24,342.39 $ 12,171.20 Chevy Tahoes 2018 depreciation charged to Traffic $ 12,779.76 $ 3,651.36 Ford Explorers charged to Traffic at 75% $ 83,646.49 $ 83,646.49 One Chevy Tahoe charged to Traffic at 75% $ 45 641.99 Total Allowable Traffic Policing Vehicles $ 96,426.24 $ 132,939.83 Total 2018 Traffic Policing Expenditures $ 2,180,456.05 $ 2,180,456.05 $ 2,180,456.05 Remove uniform allowance-inelligible per CRAB $ (7,200.00) $ (7,200.00) $ (7,200.00) Remove 2018 amount paid from Traffic $ (212,107.50) $ (212,107.50) $ (212,107.50) Add back allowable portion of 2018 vehicles $ 96 426.24 $ 132,939.83 $ 147 545.27 Total allowable Traffic Policing $ 2,057,574.79 $ 2,094,088.38 $ 2,108,693.82 Total 2018 collected Traffic Diversion $ 2,160,000.00 $ 2,160,000.00 $ 2,160,000.00 2018 Traffic Diversion due back to Roads $ 102,425.21 $ 65,911.62 $ 51,306.18 Total Chevy Tahoe(s)paid for with General Fund Dollars during 2018 Reconciliation:: $ 13,256.05 $ 13,256.05 Total Chevy Tahoe(s)paid for with General Fund Dollars in 2019 for 2018: $ 102,425.21 $ 65,911.62 Total General Fund Dollars used to purchase Tahoe(s) $ 115,681.26 $ 79,167.67 Option 1 -Buy out two Chevy Tahoes completely(using straightline depreciation over 5 yrs-no salvage value) Option 2-Buy out one Chevy Tahoe completely(using straightline depreciation over 5 yrs-no salvage value) K9 Equipment $ 11,794.48 Remove K9 Equipment-not traffic policing eligible per CRAB Total cost for two Chevy Tahoes-Traffic $ 133,506.44 $ (11,794.48) $ 121,711.96 Total cost for two Ford lorers-Patrol11 —_ — _$ 111,52 __' _-- $-___---1 528.65 8.65 -- _ $ 245,035.09 $ 233,240.61 C:\Users\Jb\AppData\Local\Microsoft\Windows\INetCache\IE\725CJS2Z\MK 11-27-19 Revised Copy of 2018 Traffic Diversion Payback-1.xlsx MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: December 10, 2019 Agenda Item # 8 Commissioner staff to com tete BRIEFING DATE: December 2, 2019 BRIEFING PRESENTED BY: EDC [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the 2019-2020 Comprehensive Economic Development Strategy (CEDS) Project list as recommended by the Mason County Economic Development Council. Background: This is a public infrastructure prioritization list. Projects are considered according to community need, project readiness, probability of being funded, and number of jobs created. Projects must be sponsored by a government entity to qualify for the CEDS process. RECOMMENDED ACTION: Approval of the Resolution adopting the 2019-2020 Comprehensive Economic Development Strategy (CEDS) Project list as recommended by the Mason County Economic Development Council. Attachment: Resolution RESOLUTION NO. RESOLUTION ESTABLISHING THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PROJECT LIST FOR 2019-2020 WHEREAS, in the agreement between Mason County and the Economic Development Council (EDC), one of the tasks is to compile the Comprehensive Economic Development Strategy (CEDS) list for Mason County, Washington; and WHEREAS, the EDC has solicited suggested projects from local Mason County jurisdictions and community groups for possible infrastructure improvements to enhance economic sustainability throughout Mason County; and WHEREAS, the State Legislature has authorized Mason County to retain .09 percent of retail sales taxes annually for economic development projects; and WHEREAS, eligibility for funding must be demonstrated by a list of projects; and WHEREAS, the EDC has recommended a list of projects which updates the current infrastructure needs which the Commissioners have reviewed; WHEREAS, the Commissioners have identified the following list and priorities as listed in Exhibit A. NOW, THEREFORE BE IT HEREBY RESOLVED, that the Board of Mason County Commissioners adopts the attached list of priorities for inclusion in the 2019-2020 CEDS publication. Dated this 10th day of December 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney Randy Neatherlin, Commissioner C: Economic Development Council DRESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2019\CEDS 2019.doc CONOMIC DEVELOPMENT STRATEGIES PROJECT LIST Funding Funding From State, Year Phase Project Type Total Cost Secured Funding Request i Federal,Other Added -ridor/ Utilities,Economic Development $14,000,000 $1,000,000 City of $2,250,000 State Final Design/Construction 2018 Bremerton,$250,000 construction Mason County, $10,525,000 Leg. Utilities,Transportation,Public Safety,Land $1,320,000 $ 220,000.00 $ 1,100,000.00 State Design Construction 2018 Use,Economic Development )rridor Utilities,Transportation,Public Safety,Land $1,920,000 $ 320,000.00 $ 1,600,000.00 State Design Construction 2018 Use,Economic Development Utilities,Transportation,Public Safety,Land $2,500,000 $ 750,000.00 $ 1,750,000.00 State Design Construction 2018 Use,Economic Development Networks Utilities,Public Safety,Healthcare,Economic $5,279,044 $TBD-Mason PUD 3 State Design 2018 Development Fiberhood Program Utilities,Economic Development $3,000,000 $TBD-Mason PUD 3 Federal Design Construction 2018 Fiberhood Program Transportation $1,000,000 $ - Federal 2023-2024 Design Construction 2018 Utilities $2,000,000 $ State:DOE Design Construction 2018 ,oulevard Transportation,Economic Development $2,000,000 $650,000 $ 1,350,000.00 State Design Construction 2018 Transportation,Utilities,Land Use,Economic $10,285,000 $4,750,000 RMG Complete-renew State Planning Design Construction 2018 Development,Public Safety,Environmental $4,585,000 Leg. efforts annual Community Development $1,500,000 $ ( Design Construction 2018 Utilities $2,000,000 $ Design Construction 2018 Utilities,Transportation,Land Use,Economic TBD $ - I Planning 2018 Development f Utilities,Transportation,Land Use,Economic $25,000 $ - Planning 2018 Development Utilities,Transportation,Land Use,Economic $300,000 $ ( Design 2018 Development Utilities TBD $ Planning 2018 Utilities $450,000 $ Design Construction 2018 n Control Utilities,Transportation,Land Use,Economic TBD $ Planning 2018 Development Transportation $50,000 $ Planning 2018 Transportation $50,000 $ - Planning 2018 Transportation $2,500,000 $ $ 2,500,000.00 Design Construction 2019 Transportation $300,000 $ - $ 240,000.00 Construction 2019 Transportation $500,000 $ $ 500,000.00 I Design Construction 2019 Economic Development $20,000,000 $ Planning Design Construction 2018 Economic Development $2,500,000 $ Planning Design Construction 2018 Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks &Trails EXT: 806 COMMISSION MEETING DATE: 12-10-2019 Agenda Item # 0 . Commissioner staff to complete) BRIEFING DATE: 12-02-2019 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Recommend reappointment Andrew Kinney for the Mason County Parks & Recreation Advisory Board BACKGROUND: Mason County BOCC appointed Andrew Kinney to the Mason County Parks & Recreation Advisory Board on January 1, 2016 with his term expiring on December 31, 2019. Andrew represented District 3 for Mason County. Andrew has been an active participant with the board and regularly attends the meetings. Andrew has requested reappointment to the Mason County Parks & Recreation Advisory Board representing Mason County District 3. This would be for a three-year term (January 1, 2020 through December 31, 2022). BUDGET IMPACTS: None RECOMMENDED ACTION: Recommend the reappointment of Andrew Kinney to the Mason County Parks & Recreation Board to represent District 3 for a three-year term (January 1, 2020 through December 31, 2022). ATTACHMENT(S): N/A HA\Parks and Trails\Parks\Park&Trails Advisory Board\2019\Commission Agenda Item Summary 12-10- 2019 Kinney.doc Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Information Technology EXT: 806 COMMISSION MEETING DATE: 12/10/2019 Agenda Item # g Q Commissioner staff to complete) BRIEFING DATE: 11/25/2019 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: PUD #3 Pole Attachment License Agreement BACKGROUND: The 5-year Pole Attachment License Agreement between PUD #3 and Mason County Information Technology has expired on June 30, 2019. On November 7, 2019, PUD #3 provided me with a new 5 year Pole Attachment License Agreement. They have also supplied me with a copy of their Joint Use- Rules and Regulations for utility pole usage. In Exhibit A, the yearly rate remains the same - $22.00 per pole for the 10 poles Mason County Information Technology uses for computer lines to run between County buildings. BUDGET IMPACTS: The Information Technology 2020 budget includes this licensing cost. RECOMMENDED ACTION: Recommend Board of County Commissioners approval for Information Technology Manager to sign the 5-year Pole Attachment License Agreement. ATTACHMENT(S): Joint Use — Rules and Regulations Exhibit A"Joint Use Rate/Fee Schedule" page 21. Pole Attachment License Agreement H:AITTUD\Commission Agenda Item Summary I I-21-2019.doc i i i ti f EXHIBIT A Joint Use Rate/Fee Schedule Rates and Fees Pole Attachment Rate(per attachment*—billed annually) $22.00 Unauthorized Attachment Inspection Fee: 1-3 Immediately Adjacent Poles(flat fee—billed when work performed) $110.00 4-6 Immediately Adjacent Poles(flat fee—billed when work performed) $220.00 Greater than 6 Poles All costs and staff time at standard billable rate Make-Ready Work All costs and staff time at standard billable rate Attachment Transfers All costs and staff time at standard billable rate Pole Loading Analysis All costs and.staff time at standard billable rate District Removal of Unauthorized Attachments All costs and staff time at standard billable rate Failure to Maintain Emergency Contact Fee $100.00 *RCW 54.04.045(1)(a) 1 ALTERATIONS:This schedule may be revised,supplemented,or otherwise modified only by action of the Commission.In emergency situations,the manager of the District may make such reasonable modifications as they deem necessary provided,however,such modifications are reported to the Commission at its next official meeting. Effective July I,2019 21 I POLE ATTACHMENT LICENSE AGREEMENT his Pole Attachment Licensing Agreement(the"Agreement")dated this_day of ,2019 is made by and between Public Utility District No.3 of Mason County (hereinafter referred to as"District"/"Licensor"), a municipal corporation of the State of Washington, and (hereinafter referred to as "Licensee"). Recitals A. Whereas, Licensee proposes to install and maintain Attachments and associated communications equipment on District Poles to provide Communications Services; and B. Whereas,the District is willing, when it may lawfully do so and in accordance with the laws of the State of Washington,to issue one or more Permits authorizing the placement or installation of Licensee's Attachments on District Poles, provided that the District may refuse,on a nondiscriminatory basis,to issue a Permit where there is insufficient Capacity or for reasons relating to safety, reliability,or the inability to meet generally applicable engineering standards and practices; and C. Therefore, in consideration of the mutual covenants, terms and conditions and remunerations herein provided,and the rights and obligations created hereunder, the parties hereto agree as follows: 1 II I Public Utility District#3 of Mason County Pole Attachment License Agreement 1 TABLE OF CONTENTS Article _Subject page 1 Definitions 3 2 Scope of Agreement 6 3 Rates,Fees and Charges 8 4 Specifications 9 5 Private and Regulatory Compliance 12 6 Pole Attachment Permit Application Procedures 13 7 Transfers and Relocations 17 8 Abandonment or Removal of District Facilities 17 9 Removal of Licensee's Facilities 18 10 Termination of Permit 18 1 i Inspection of Licensee's Facilities 19 12 Unauthorized Occupancy or Access 20 13 Liability and Indemnification 20 14 Duties,Responsibilities and Exculpation 23 15 Insurance 25 16 Authorization not Exclusive 27 17 Assignment 27 18 Failure to Enforce 28 19 Termination of Agreement 28 20 Term of Agreement 29 21 Amending Agreement 30 22 Notices 30 23 Entire Agreement 31 24 Severability& Change in Law 31 25 Violations-Remedies 32 26 Governing Law—Dispute Resolution 32 27 Incorporation of Recitals and Appendices 33 28 Performance Bond 33 29 Force Majeure 34 Signature pages 34 1 I Public Utility District No. 3 of Mason County Pole Attachment License Agreement 2 , AGREEMENT Article 1—Definitions For the purposes of this Agreement,the following terms,phrases,words, and their derivations, shall have the meaning given herein, unless more specifically defined within i a specific Article or Paragraph of this Agreement. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number,and words in the singular number include the plural number. The words"shall" and"will"are mandatory and"may" is permissive.Words not defined shall first be construed according to industry standard,then under the common and ordinary meaning. 1.1 Affiliate:when used in relation to Licensee,means another entity that owns or controls, is owned or controlled by,or is under common ownership or control with Licensee. 1.2 Aaalieable Standards: means all applicable engineering and safety standards and requirements governing the installation, maintenance and operation of facilities and the performance of all work in or around District Facilities, as set forth in the District's Joint Use Rules and Regulations (as now existing or hereafter amended),and as set forth by other federal, state,municipal,or local governmental authority with jurisdiction over District Facilities. 1.3 Assigned Space: means space on District's Poles that can be used, as defined by the Applicable Standards,for the Attachment or placement of wires,cables and associated equipment for the provision of Communications Service or electric service.The Supply Space and communicating worker safety zone(safety space) are not considered Assigned Space. 1.4 Attaching Entity: means any public or private entity, other than the District, who places an Attachment on Pole to provide Communications Service. 1.5 Attachments}: per RCW 54.04.045(l)(a), means the affixation or installation of any wire, cable,or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable,and any related device, apparatus, or auxiliary equipment upon any Pole owned or controlled in whole or in part by j , the District. This definition of Attachment shall exclude: Public Utility District#3 of Mason County Pole Aftachmenf License Agreement 3 i a) Risers and conduits in association with or in support of an Attachment; j b) Overlashing(even if a common application form is used to facilitate review for both Attachments and Overlashing). j 1.6 Capacity: means the ability of a Pole to accommodate an additional Attachment based on Applicable Standards, including space and loading considerations. 1.7 Communications Service: means the transmission or receipt of voice, video, data,Internet or other forms of digital or analog signals over the Attachments. 1.8 Communication Space: means the space on joint-use structures below the communication worker safety zone and above the vertical space for meeting ground clearance requirements under the National Electrical Safety Code or authorizing agency. 1.9 District Facilities/Facilities: means all personal property and real property owned or controlled by the District, including Poles and District installed anchors. 1.10 Joint Use Rules and Regulations:means the rules and regulations governing fees, costs,construction,violations,and operation and maintenance standards as related to Pole Attachments and as adopted by Mason PUD 3's board of commissioners from time to time.District may change these rules and regulations by commission action after six(6)months'notice to Licensee. 1.11 Licensee: means Licensee identified on page one, its authorized successors and assignees. 1.12 Make-Ready Work: means all work, as mutually agreed by the District and Licensee, required to prepare District's facilities to accommodate Licensee's Attachments and/or to comply with all Applicable Standards. Such work includes, but is not limited to,Pre-Construction Meeting, rearrangement and/or transfer of the District Facilities or existing Attachments,inspections,engineering work,permitting work,tree trimming(other than tree trimming performed for normal maintenance purposes,or that is not directly required to accommodate the proposed Attachment),or Pole replacement and construction. 1.13 Nonfunctional Attachment: means a cable,wire,or other physical material attached to a Pole that is no longer used or no longer fit for service by the Licensee. This definition of Nonfunctional Attachment shall exclude Service Drops. I 1.14 Occupancy: means theuse or specific reservation of Assigned Space for Attachments on Pole. Public Utility District No.3 of Mason County Pole Attachment License Agreement 4 i 1.15 Overlash: means to place or lash or mechanically lash an additional wire or cable onto an existing Attachment. 1.16 PedestalsNaults/Enclosures: means above-or below-ground housings that are used to enclose a cable/wire splice,power supplies,amplifiers,passive devices and/or provide a service connection point and shall not be attached to District Poles. Installation must comply with the Applicable Standards. I 1.17 Permit: means written or electronic authorization pursuant to the Applicable Standards, for Licensee to make or maintain Attachment(s)to specific District Poles pursuant to the requirements of this Agreement. 1.18 Pole: means a Pole owned by the District used for the distribution of electricity and/or Communications Service that is capable of supporting Attachments. 1.19 Pole-Mounted Wireless Equipment: includes antennas, receivers, transceivers, repeaters, and other wireless communications equipment that is attached to a Pole. Pole-mounted wireless equipment shall be subject to the provisions of the Joint Use Rules and Regulations and is not considered an Attachment as governed by this Agreement. 1.20 Pre-Application Meeting: means a meeting scheduled prior to permit submittal, at the request of the prospective applicant,to provide an opportunity to discuss proposal concepts and attempt to identify and/or eliminate potential problems or challenges that are recognized during the meeting. District staff may elect to attend the meeting to discuss related details.This meeting is for basic informational purposes only, and may be scheduled at the District's discretion per request received from a prospective applicant, prior to permit submittal.The District does not charge a fee for a Pre-Application Meeting. 1.21 Pre-Construction Meetina: means all work or operations required by Applicable Standards as reasonably applied by the District to determine the potential Make- Ready Work necessary to accommodate Licensee's Attachments on a Pole.The Pre- Construction Meeting shall be coordinated with the District and include Licensee's representative. 1.22 Reserved Capacity:means Capacity or space on a Pole that the District has identified and reserved for its own utility requirements. i 1.23 Service Drop: means a wire or cable which provides services to a single customer as an extension of the Licensee's backbone or distribution network. Service drops are limited to 500 feet in length or less. Public Utility Distdct#3 of Mason County Pole Attachment License Agreement 5 i f 1.24 Span-Mounted Equipment: means junction boxes, amplifiers, or other auxiliary i equipment which may be mounted to a span, no closer than three(3)feet and no further than six(6)feet from a Pole. I 1 t 1.25 Soman-Mounted Wireless Equipment: includes antennas,receivers,transceivers, repeaters, and other wireless communications equipment that is suspended from a span attached to a Pole. Span-mounted wireless equipment is prohibited. 1.26 Supply Space: means the space on joint-use structures where the supply facilities are separated from the Communication Space by the Communication Worker Safety Zone. 1.27 Ta means to place distinct markers on wires and cables, coded by color or other means approved by the District and/or applicable federal,state or local regulations,that will readily identify,from the ground, its owner and cable type. Article 2—Scope of Agreement 2.1 Grant of License. Subject to the provisions of this Agreement, the District hereby grants Licensee a revocable, nonexclusive license authorizing Licensee to install and maintain permitted Attachments to District's Poles when authorized by any applicable Pen-nit(s) issued pursuant to the terms of this Agreement, and when in compliance with the terms of such Permit(s) and all Applicable Standards. 2.2 Parties Bound by Amement. Licensee and the District agree to be bound by all provisions of this Agreement, Permits issued pursuant to this Agreement, and all Applicable Standards. 2.3 Permit Issuance Conditions. The District will issue a Permit(s) to Licensee when the District determines, in its sole judgment,which shall not be unreasonably withheld,that(i)it has sufficient Capacity to accommodate the requested Attachment(s), (ii)permitting the Attachment(s) is consistent with safety and reliability,and(iii)Licensee meets all generally applicable engineering standards and practices. 2.4 Reserved Capacity.Access to Assigned Space on District Poles will be made available to Licensee with the understanding that the District may reclaim its Reserved Capacity on giving Licensee at least sixty(60)calendar days'prior notice. The District shall give Licensee the option to remove or relocate its Attachment(s)from the affected Pole(s). Public Utility District No.3 of Mason County Pole Aftachment License Agreement B When the District elects to reclaim its Reserved Capacity on a Pole, the District will be responsible for all Make-Read Work to accommodate its Attachment(s), P Y with the exception of any existing violations. The allocation of the cost of any such Make-Ready Work to remedy existing violations (including the transfer, rearrangement, or relocation of any Attachments requiring a qualified electrical worker) shall be determined as provided in the Joint Use Rules and Regulations. 2.5 No Interest in Property.No use, however lengthy, of any District Facilities,and no payment of any fees or charges required under this Agreement, shall create or vest in Licensee any easement or other ownership or property right of any nature in any portion of such Facilities.Neither this Agreement, nor any Permit granted under this Agreement,shall constitute an assignment of any of the District's rights to District Facilities.Notwithstanding anything in this Agreement to the contrary, Licensee shall, at all times,be and remain a Licensee only. 2.6 Licensee's Right to Attach. Unless otherwise specified in this Agreement, Licensee must have a Permit issued pursuant to Article 6,prior to attaching Licensee's Attachments to any Pole, and must complete work, including submittal of all as-builts and post-issuance inspections within timelines specified in this Agreement and Applicable Standards, in order to retain Licensee's right to attach. 2.7 District's Rights over Poles.The parties agree that this Agreement does not in any way limit the District's right to locate,operate, maintain or remove its Poles in the manner that will best enable it to fulfill its statutory and all other applicable service requirements. 2.8 Tagginiz Licensee shall Tag all of its Attachments as specified in the Joint Use Rules and Regulations. Pre-existing Attachments of Licensee shall be tagged within five (5) years of the execution of this Agreement. Failure to provide proper tagging will be considered a violation of this Agreement and the Applicable Standards. 2.9 Pole-Mounted Wireless Equipment. Pole-Mounted Wireless equipment shall be subject to the provisions of the Joint Use Rules and Regulations and is not i considered an Attachment as governed by this Agreement. i 2.10 Span-Mounted Wireless Equipment. Span-mounted wireless equipment is prohibited. 2.11 Other Agreements.Except as provided herein,nothing in this Agreement shall i limit, restrict, or prohibit the District from fulfilling any agreement or arrangement regarding Poles into which the District has previously entered, or may enter in the future, with others not party to this Agreement. i Public Utility Distrret#3 of Mason County Pole Attachment License Agreement 7 i 2.12 Permitted Uses.This Agreement is limited to the uses specifically stated in the recitals stated above and no other use shall be allowed without the District's express written consent.Nothing in this Agreement shall be construed to require District to allow Licensee to use the District's Poles after the termination or conclusion of this Agreement or subject Permit, or in any manner contrary to this + Agreement or any applicable regulations. i Article 3— Rates, Fees and Charges 3.1 Payment of Fees and Charges. Licensee shall pay to the District the rates, fees and charges specified in the District's Joint Use Rules and Regulations and shall comply with the terms and conditions specified therein. 3.2 Payment Period. Unless otherwise expressly provided, Licensee shall pay any invoice it receives from the District pursuant to this Agreement within forty-five (45)calendar days of the date of the invoice. 3.3 Billing of Attachment Fee.The District shall invoice Licensee for each individual Attachment annually.The District will submit to Licensee an invoice for the annual rental period on or about July 1 of each year. Each annual rental period shall be July 1 through June 30 of the next year.The invoice shall set forth the total number of the District's Poles and specific number of Attachments per Pole on which Licensee was issued and/or holds a Permit(s) for Attachments during such annual rental period, including any previously authorized and valid Permits. 3.4 Refunds. Except as explicitly otherwise provided herein or as otherwise provided in Applicable Standards, no rates, fees and charges specified in the District's Joint Use Rules and Regulations shall be refunded on account of any surrender of a Permit granted hereunder.Nor shall any refund be owed if the District abandons a Pole. 3.5 Late Charge.if the District does not receive payment for any undisputed fee or other undisputed amount owed within forty-five(45)calendar days of the billing date, Licensee, upon receipt of fifteen(15)calendar days written notice,shall pay s interest in the amount due to the District at the lesser of twelve percent(12°/0)or one percent(1%)per month, or the maximum rate allowed by law,whichever is less. i 3.6 Payment for Work.Licensee will be responsible for payment of all actual, reasonable and documented costs to the District for all work the District or I Public Utility District No.3 of Mason County Pole Attachment License Agreement 8 I t 4 District's contractors perform pursuant to this Agreement and any associated permits,to accommodate Licensee's Attachments. 3.7 Work Performed by the District. Wherever this Agreement requires the District to perform any work,Licensee acknowledges and agrees that the District,at its sole discretion,may utilize its employees or contractors,or any combination of the two to perform such work. 3.8 Default for Nonpayment.Nonpayment of any undisputed amount due under this Agreement beyond ninety(90)days shall constitute a material default of this Agreement. In the event of a billing dispute between the District and the Licensee, District will continue to provide service under this Agreement as long as the Licensee continues to make all payments not in dispute.The Licensee shall file and Appeal as provided in the Applicable Standards—Joint Use Rules and Regulations, and the parties shall work in good faith to resolve the dispute in a timely manner. Article 4—Specifications 4.1 Instal lation/Maintenance of Attachments. When a Permit is issued pursuant to this Agreement, Licensee's Attachments shall be installed and maintained in accordance with the requirements and specifications of this Agreement and the Applicable Standards. Licensee shall be responsible for the installation and maintenance of its Attachments. Licensee shall,at its own expense, make and maintain its Attachments in safe condition and good repair, in accordance with all Applicable Standards. Upon execution of this Agreement, Licensee is not required to modify,update or upgrade its existing Attachments where not required to do so by the terms and conditions of this or prior Agreements,prior editions of the National Electrical Safety Code(NESC),prior editions of the National Electrical Code (NEC)or other applicable regulations applicable at the time of the existing Attachment installation,unless otherwise required by law or regulation. 4.2 Interference. Licensee shall not allow its Attachments to impair the ability of the District or other Licensees to use the District Poles nor shall Licensee allow its i Attachments to interfere with the operation of any District Facilities.The Attachment rights subsequently granted by the District to other Attaching Entities pursuant to licenses,permits,or rental agreements shall not limit or interfere with any prior Attachment rights granted to the Licensee hereunder or result in further rearrangement or make-ready costs without reimbursement. Public Utility District#3 of Mason County Pole Attachment License Agreement 9 i i 4.3 Protective E ui ment.Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities,consistent with Applicable Standards.Licensee shall at its own expense install protective devices designed to handle the voltage and current impressed on its Attachments in the event of a contact with the supply conductor, as specified in Applicable Standards.Except as otherwise explicitly provided in this Agreement, the District shall not be liable for any actual or consequential damages to Licensee's Attachments or Licensee's customers'facilities. 4.4 Violation of Specifications. If Licensee's Attachments,or any part thereof, are installed,used or maintained in violation of this Agreement,Licensee shall correct the violation(s) caused by Licensee within sixty(60)calendar days from the date of written notice of the violation(s)from the District or later date as specified in the notice of violation, subject to the expedited provision for immediate threat detailed below. If the nature of the violation is such that correction of the violation cannot reasonably be completed within sixty(60)days,the District and Licensee may agree that the Licensee shall commence corrective action within the sixty(60)day period,and complete all corrective action pursuant to a reasonable schedule approved by the District.The District shall notify Licensee in writing prior to the District performing corrective work whenever possible.When the District reasonably believes,however,that violation(s)pose an immediate threat to the safety of any person or property,materially interfere with the performance of District's service obligations,or pose an immediate threat to the physical integrity of District Facilities,the District may perform corrective work and/or take such action as it deems necessary without first giving written notice to Licensee.As soon as practicable thereafter,the District will advise Licensee of the work performed or the action taken.Licensee shall be responsible for all actual documented,and reasonable costs incurred by the District in taking action pursuant to this provision including overtime rates incurred by the District,where directly related to and caused by the actions of Licensee,but excluding any costs caused by the District's negligence or willful misconduct. 4.5 Restoration of District Service.The District's service restoration efforts shall take precedence over any and all work operations of Licensee on District's Poles. 4.6 Effect of Failure to Exercise Access Riehts. 4.6.1 Failure by Licensee to fully exercise access rights granted pursuant to this i Agreement and/or applicable Permit(s)within: i (a) 120 days from Permit approval/issuance date(in event no Make-Ready Work is required); and/or i i I Public Utiifty District No. 3 of Mason County Pole Attachment License Agreement 10 (b) 120 days from date Make-Ready Work is completed(in event Make- j Ready Work is required); or i (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending(e.g.:permit approvals)or similar circumstances shall constitute failure to fully exercise access rights, and in this event the District may use the space scheduled for Licensee's Attachment(s) for its own needs or other Attaching Entities. In such instances,the District shall endeavor to make other space available to Licensee, upon written application per Article 6,as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. 4.6.2 Licensee's failure to submit acceptable as-builts and any other required documentation and inspections within: (a) 140 days of date of application approval when Make-Ready work is not required (120 days to complete workfrom date of application approval,plus 20 days to complete and submit required inspections/documentations);and/or (b) 140 days of completion of Make-Ready work(120 days to complete work from date Make-Ready work completed,plus 20 days to complete and submit required inspections/documentation), or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending(e.g.:permit approvals)or similar circumstances shall also constitute failure to fully exercise access rights, and in this event the District may use the space scheduled for Licensee's Attachment(s)for its own needs or other Attaching Entities. In such instances, the District shall endeavor to make other space j Available to Licensee, upon written application per Article 6,as soon as reasonably possible and subject to all requirements of this Agreement. 4.7 Removal of Nonfunctional Attachments.At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service("Nonfunctional Attachment")as L Public Utility District#3 of Mason County Pole Attachment License Agreement 11 i I provided in this Agreement and Applicable Standards.A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph shall j constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee specified in the Applicable Standards.Except as otherwise provided in this Agreement,Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety(90) days of the Attachment becoming nonfunctional,unless Licensee receives written notice from the District that removal is necessary to accommodate the District's or another Attaching Entity's use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until the District notifies Licensee that removal is necessary to accommodate the District's or another Attaching Entity's use of the affected Pole(s). Licensee shall give the District notice of any Nonfunctional Attachments. ' Article 5—Private and Regulatory Compliance 5.1 Necessary Authorizations. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct, operate and/or maintain its Attachments on public and/or private property before it occupies any portion of the District's Poles.Licensee's obligations under this Article 5 include,but are not limited to, its obligation to obtain all necessary approvals to occupy public/private rights-of- way and to pay all costs associated therewith. Licensee shall defend, indemnify and hold harmless the District for all reasonable loss and expense, including reasonable attorney's fees,that the District may incur as a result of claims by governmental bodies,owners of private property, or other persons,that Licensee does not have sufficient rights or authority to attach Licensee's Attachments on the District's Poles. 5.2 Lawful Puraose and Use. Licensee's Attachments must at all times serve a lawful purpose,and the use of such facilities must comply with all applicable federal,state and local laws. i 5.3 Forfeiture of District's Rights.No Permit granted under this Agreement shall extend to any Pole on which the Attachment of Licensee's Attachments would result in a forfeiture of the District's rights.Any Permit,which on its face would cover Attachments that would result in forfeiture of the District's rights, is invalid. Further, if any of Licensee's existing Attachments,whether installed pursuant to a valid Permit or not,would cause such forfeiture,Licensee shall,upon receipt of Public Utility District No.3 of Mason County Pole Affacirn)enf License Agreement 12 i written notice from District: i)provide District with a written response that Licensee is taking corrective action to remedy the underlying issue creating the i claimed potential for forfeiture; ii) provide District a written response challenging the basis for a claim of forfeiture;or iii)promptly remove its Attachments. If Licensee does not take corrective action or challenge the basis for the claim of forfeiture through the correct forum and in accordance with procedural requirements, and subsequently fails to remove the related Attachments,subject to Section 10.1 (Termination of Permit),the District will perform such removal at Licensee's expense not sooner than the expiration of sixty(60) calendar days from the District's issuance of the written notice. 5.4 Effect of Consent to Construction/Maintenance. Consent by the District to the construction or maintenance of any Attachments by Licensee shall not be deemed consent, authorization or an acknowledgment that Licensee has the authority to construct or maintain any other such Attachments. It is Licensee's responsibility to obtain all necessary approvals for each Attachment from all appropriate parties or agencies. Article 6—Pole Attachment Permit Application Procedures 6.1 Permit Required.Except in cases of emergency or as otherwise authorized(such as for Service Drops as addressed in 6.1.1), Licensee shall not install any Attachments on any Pole without first applying for and obtaining a Permit pursuant to the requirements of this Agreement and the Applicable Standards. Pre-existing Attachment(s)of Licensee as of the Effective Date of this Agreement may be grandfathered with respect to Permitting,but shall be subject to Pole Attachment Rates,fees or charges in future billing periods. In order to be grandfathered: (a) Licensee shall provide the District with a list,on the District's approved spreadsheet,of all such pre-existing Attachments within eighteen (l 8) months following the effective date.of this Agreement; and shall provide an updated list by April 1 of the fifth year following the effective date of this Agreement, and by April 1 of every fifth year thereafter should this Agreement term be extended. i 1 (b) All such pre-existing Attachments shall comply with the terms of this Agreement. Public Utility District#3 of Mason County Pole Attachment License Agreement 13 i Attachments to,or rights to occupy, the District Facilities not covered by this Agreement must be separately negotiated. Licensee shall Tag all of its Attachments as specified in the District's Joint Use Rules and Regulations. Pre-existing Attachments of Licensee shall be Tagged within five (5)years of the execution of this Agreement. Failure to provide proper Tagging will be considered a violation of this Agreement and the Applicable Standards.At the time of Tagging, Licensee is required to address any"J"hooks and any service drops that are directly attached to the Pole(s),by removing the"J" hooks and transferring the drops to the Licensee's main cable(if a main cable is installed),utilizing the review and permit process set forth in this Agreement and the Joint Use Rules and Regulations. 6.1.1 Service Drop Procedure.Licensee shall submit a complete Service Drop Application within twenty(20)days after the date the Service Drop Attachment is made. 6.2 Permits for Overlashing. Permits are required for any Overlashing allowed under this Agreement. Licensee, Licensee's Affiliate or other third party, as applicable, shall pay any necessary Make-Ready Work costs to accommodate such Overlashing. 6.3 District Review of Permit Application. Prior to submitting an Application for Pole Attachment Permit("Application"), a prospective applicant may request a Pre-Application meeting(as defined in this Agreement).A Pre-Application meeting may be scheduled at the District's discretion. An Application for Pole Attachment Permit ("Application") shall contain all items required pursuant to the Joint Use Rules and Regulations, including but not limited to a Pre-Construction Meeting(if requested by either party), and detailed plans in the form specified in the Joint Use Rules and Regulations. Upon receipt of an Application, the District will review and issue a determination of completeness, or a determination of incompleteness, within forty-five(45) days of receipt of the Application.A determination of Incompleteness shall include a statement of what information/action is needed to make the Application complete. The applicant shall promptly submit any missing information and complete any action detailed in any determination of incompleteness, to enable the District to make a completeness determination with forty-five (45)days of receipt of the original date of Application submittal. Should the applicant fail to achieve complete status within forty-five (45)days from the original date of Application submittal,the Application may be deemed "expired" and may be denied on that basis. Following a determination of Public Utility District No. 3 of Mason County Pole Attachment License Agreement 14 1 completeness,the District will review the Application, and may discuss any issues with the Licensee, for example, Make-Ready Work requirements. Within sixty(60) days from the date a determination of completeness is issued, the District will issue an approval/acceptance to Attach in the form of an issued Permit: (a) without Make-Ready Work required and with no conditions; (b)without Make-Ready Work required but with conditions (for example, trench past Pole number; attach at specified height, etc.); (c) with Make-Ready Work required and conditions; OR will issue a denial.A denial shall include written reasons for denial, which must be nondiscriminatory, based on a finding of insufficient capacity,or based on reasons of safety, reliability, or inability to meet generally acceptable engineering standards and practices. In extraordinary circumstances,and with approval of the applicant, the District may extend the applicable timeframes detailed above.The District's acceptance of the submitted design documents does not relieve Licensee of full responsibility for any errors and/or omissions in the engineering analysis. 6.4 Changes /Modifications Requested After Application Approval. Should Licensee request changes or.modifications to an issued Permit, the District may, in the District's sole discretion, elect to approve the request(as documented on revised plans) and continue with the existing Permit review process, or deny the request and continue with the existing Permit review process. In the event Licensee's request is denied, Licensee, at Licensee's option, may request the Issued Permit be rescinded, which request shall not be unreasonably denied, and submit a new Application, subject to the standard review process and timeline. 6.5 Permit as Authorization to Attach—"Permit Issuance". Upon completion of review and finding that the Application satisfies review criteria, and after receipt of payment for any actual,reasonable, and verifiable Make-Ready Work(if applicable),the District will sign and return the Permit Application ("Permit Issuance"),which shall serve as authorization for Licensee to make its j Attachment(s) after the District has completed all Make-Ready Work(if applicable). 6.6 Timing of Construction/Improvements. Licensee must complete all work/improvements authorized by the Issued Permit as follows: i i f Public Utility Distract#3 of Mason County Pole Attachment License Agreemert 15 i (a) Within 120 days from Permit Issuance date (in event no Make-Ready Work is { i required); or (b) Within 120 days from date Make-Ready Work is completed(in event Make- Ready Work is required); or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third-party approvals pending(e.g.: permit approvals)or similar circumstances. In the event Licensee fails to complete work/improvements within this timeline, the District may rescind/cancel the Issued Permit, and issue notice requiring Licensee to remove any and all partially completed work/improvements. 6.7 Timin¢of As-Built Documentation Submittal and Final Permit Approval. Licensee must submit as-builts for any changes in design or construction under a permit and all other required inspections and documentation in order to receive a final Permit approval as follows: (a) Within 140 days of Permit Issuance when Make-Ready work is not required (120 days to complete work from date of Permit Issuance,plus 20 days to complete and submit as-builts and all other required inspections/documentations); or (b) Within 140 days of completion of Make-Ready work(120 days to complete work from date Make-Ready work completed,plus 20 days to complete and submit as-builts and all other required inspections/documentation), or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third-party approvals pending(e.g.: permit approvals)or similar circumstances. In the event Licensee fails to submit as-builts and all other required documentation within this timeline,the District may rescind/cancel the Issued Permit, decline to issue final Permit approval,and issue notice requiring Licensee to remove any and all partially completed work/improvements. Upon satisfying all requirements and approval of submitted as-built,the District will issue a final Permit approval. i 6.8 Notice of Correction. In the event that the District determines corrections are i required,the District shall provide written notice of required corrections. Licensee r shall complete required corrections within the earlier of sixty(60)calendar days of date of Notice of Correction,or sixty(60)calendar days from the date l Public Utility District No.3 of Mason County Pole Attachment License Agreement 16 i additional required Make-Ready Work is completed, or other mutually agreed date which District will accommodate in good faith based on showing of need j related to third party approvals pending(e.g.:permit approvals) or similar circumstances. Such completed corrections shall be clearly shown on updated as- built and any other required documentation,submitted within the completion timeline specified in this Paragraph. Licensee's failure to complete all corrections within the time period detailed in this section(with all corrections to be detailed on updated as-built and any other required documentation submitted within the same time period detailed in this section)provides a basis for the District to revoke/rescind the Issued Permit, and to require removal of work/improvements completed. Article 7—Transfers and Relocations 7.1 Required Transfers and/or Relocations of Licensee's Attachments. if the District reasonably determines that a transfer and/or relocation of Licensee's Attachments is necessary, Licensee agrees to allow or perform such transfer and/or relocation per the terms outlined in Joint Use Rules and Regulations. Article 8—Abandonment or Removal of District Facilities 8.1 Notice of Abandonment or Removal of District Facilities. If the District desires at any time to abandon, remove or underground any District Facilities to which Licensee's Attachments are attached, it shall give Licensee notice in writing to that effect at least sixty(60)calendar days prior to the date on which it intends to abandon or remove such District's Facilities, or any mutually agreed date which District will accommodate in good faith based on showing of need related to third-party approvals pending(e.g.: notice of removal)or similar circumstances. If, following the expiration of the notice period, Licensee has not yet removed and/or transferred all of its Attachments therefrom,the District shall have the right, subject to any applicable laws and regulations,to have Licensee's Attachments removed and/or transferred from the Pole at Licensee's expense.The District shall give Licensee prior written notice of any such removal or transfer of Licensee's Attachments.Licensee may be subject to any applicable provisions detailed in this Agreement and the Applicable Standards. i i Public Utility District#3 of Mason County Pole Attachment License Agreement 1 T i i i Article 9—Removal of Licensee's Facilities 9.1 Removal on Expiration/Termination.At the expiration or other termination of this License Agreement or individual Permit(s), Licensee shall remove its Attachments from the affected Poles at its own expense,within sixty(60) calendar days of expiration or termination or some greater period if mutually agreed by the District, which agreement shall not be unreasonably withheld. Article 10—Termination of Permit 10.1 Automatic Termination of Permit.Any Permit issued pursuant to this Agreement shall automatically terminate when Licensee ceases to have authority to construct and operate its Attachments at the location of the particular Pole(s) covered by the Permit. Notwithstanding the foregoing,to the extent Licensee is pursuing a challenge of the revocation of any such permission, Licensee may remain on the particular Pole(s)until such time as all appeals and remedies are exhausted. 10.2 Notification and Process.The District will notify Licensee in writing within fifteen (15)calendar days, or as soon as reasonably practicable, of any condition(s) serving as basis for exercise of termination pursuant to Section 10.1. Licensee shall take immediate corrective action to eliminate any such condition(s)within sixty (60)calendar days of such notice, or such longer period mutually agreed to by the parties, and shall confirm in writing to the District that the cited condition(s) has (have)ceased or been corrected. If Licensee fails to discontinue or correct such condition(s)and/or fails to give the required confirmation, the District may proceed to terminate this Agreement or any Permit(s). In the event of termination of this Agreement or any of Licensee's rights, privileges or authorizations hereunder,the District may require removal of Licensee's Attachments. Licensee shall be liable for and pay all rates, fees and charges pursuant to terms of this Agreement to the District until such time as Licensee's Attachments are removed. 10.3 Surrender of Permit. Licensee may at any time surrender any Permit for Attachment and remove its Attachments from the affected Pole(s). All work is subject to the insurance requirements set forth in this Agreement. No refund of any rates, fees or charges will be made upon removal. If Licensee surrenders any Permit pursuant to the provisions of this Article, but fails to remove its Attachments from the District's Facilities within the time frame set forth in the Public Utility District No. 3 of Mason County Pole Attachment Licerse Agreement 18 i approved plan above, the District shall have the right to remove Licensee's Attachments at Licensee's expense. i 10.4 Validity of Permit.The issuance or granting of a Permit shall not be construed to be a Permit for,or an approval of, any violation of the provisions of this Agreement,the Applicable Standards, or any other regulations or laws.Permits presuming to give authority to violate or cancel any term of this Agreement, the Applicable Standards, or any other regulation or law shall not be valid.The issuance of a permit based upon construction document or other data shall not prevent the District from requiring the correction of any violations. Article 11—Inspection of Licensee's= 11.1 Inspections.The District may conduct an inventory and inspection of Attachments at any time. Licensee shall correct all Attachments that are not found to be in compliance with this Agreement or the Applicable Standards within sixty(60) calendar days of notification,or earlier as explicitly provided in this Agreement. If the nature of the noncompliance is such that correction of the noncompliance cannot reasonably be completed within sixty(60)days,the District and Licensee may agree that the Licensee shall commence corrective action within the sixty(60) day period, and complete all corrective action pursuant to a schedule approved by the District. Except as otherwise explicitly provided in this Agreement, if it is found that Licensee has made an Attachment without a Permit,Licensee shall pay an Unauthorized Attachment Inspection Fee as specified in the Joint Use Rules and Regulations in addition to applicable Make-Ready charges. 11.2 No Liability. Inspections performed under this Article,or the failure to do so, shall not operate to impose upon the District any liability of any kind whatsoever or relieve Licensee of any responsibility, obligations or liability whether assumed under this Agreement or otherwise existing. 11.3 Attachment Records.Notwithstanding the above inspection provisions,within eighteen(18)months following the date of execution of this Agreement, Licensee is obligated to furnish the District an up-to-date map/data depicting the locations of its Attachments in an electronic format approved by the District. This will facilitate District billing that will issue in July of each year. If a map is not available,the Licensee will provide a list in an electronic format approved by the District. Licensee shall then provide an updated list by April 1 of the fifth year j following the effective date of this Agreement, and by April 1 of every fifth year thereafter should this Agreement term be extended. Public UtHy District#3 of Mason County Pole Attachment License Agreement 19 i i Article 12—Unauthorized Occupancy or Access 12.1 Unauthorized Attachment Insuection Fee. If any of Licensee's Attachments are found occupying any Pole for which no Permit has been issued,and said Attachment is not grandfathered under Section 6.1 (Permit Application Procedures)of this Agreement,then the District,without prejudice to its other rights or remedies under this Agreement, may charge an Unauthorized Attachment Inspection Fee as specified in the Joint Use Rules and Regulations. Licensee may dispute such an Unauthorized Attachment Inspection fee in good faith by following the Appeal process provided in the Applicable Standards—Joint Use Rules and Regulations. 12.2 No Ratification of Unlicensed Use.No act or failure to act by the District with regard to any unlicensed use shall be deemed as ratification of the unlicensed use and if any Permit should be subsequently issued, such Permit shall not operate retroactively or constitute a waiver by the District of any of its rights or privileges under this Agreement or otherwise; provided, however, that Licensee shall be subject to all liabilities, obligations and responsibilities of this Agreement and the Applicable Standards in regards to the unauthorized use from its inception. Article 13--Liability and Indemnification 13.1 Liability. The District reserves to itself the right to maintain and operate its Poles in such manner as will best enable it to fulfill its statutory service requirements. Licensee agrees to use the District's Poles at Licensee's sole risk. Notwithstanding the foregoing, the District shall exercise reasonable precaution to avoid damaging Licensee's Attachments and shall report to Licensee the occurrence of any such damage caused by its employees, agents or contractors. Subject to Paragraph 13.5 (Municipal Liability Limits), the District agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of such facilities damaged by the negligence or willful misconduct of the District. 1 NEITHER PARTY,ITS AFFILIATES ARE LIABLE FOR(A)ANY SPECIAL,, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES I RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, i WITHOUT LIMITATION,LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,AND IRRESPECTIVE OF Public Utility District No.3 of Mason County Pole Attachment License Agreement 20 i NEGLIGENCE OF A THE PARITY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW OR(B)DAMAGES OF ANY KIND IN AN AMOUNT GREATER THAN THE AMOUNT OF ACTUAL,DIRECT. 13.2 Indemnification. The Parties, and any agent,contractor or subcontractor of the Parties,shall defend,indemnify and hold harmless the other Party and its officials, officers, board members, commissioners,representatives, employees, agents, and contractors against any and all liability, costs,damages, fines,taxes, special charges by others,penalties,payments (including payments made by the indemnified Party under any Workers'Compensation Laws or under any plan for employees'disability and death benefits),and expenses (including reasonable attorney's fees of the indemnified Party and all other costs and expenses of litigation) ("Covered Claims")arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the construction, maintenance, repair,presence, use,relocation,transfer,removal or operation by the Parties, or by the Parties'officers,directors,employees, agents or contractors, of Licensee's Attachments, except to the extent of the other's negligence or willful misconduct giving rise to such Covered Claims. Such Covered Claims include, but are not limited to, the following: 13.2.1 Intellectual property infringement, libel and slander,trespass, unauthorized use of television or radio broadcast programs and other program material,and infringement of patents; 13.2.2 Cost of work performed by the Party that was necessitated by the other Party's failure, or the failure of that Party's officers, directors, employees, agents or contractors,to install, maintain, use,transfer or remove the Party's Attachments in accordance with the requirements and specifications of this Agreement,or from any other work this Agreement authorizes the Party to perform on that Party's behalf; 13.2.3 Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by the Parties, or the Parties'officers,directors,employees, agents or contractors,pursuant to this Agreement; 13.2.4 Liabilities incurred as a result of either Party's violation,or a violation by either Party's officers, directors,employees,agents or contractors,of any law, rule, or regulation of the United States, State of Washington or any other governmental entity or administrative agency,as any of the same may pertain to this Agreement. i Public Utility District#3 of Mason County Pole Attachment License Agreement 21 f_ 13.3 Procedure for Indemnification. 13.3.1 The Party seeking indemnification shall give prompt notice to the indemnitor of any claim or threatened claim, specifying the factual basis for such claim and the amount of the claim. If the claim relates to an action, suit or proceeding filed by a third party against the indemnitee,the indemnitee shall give the notice to indemnitor no later than ten(10) calendar days after the indemnitee receives written notice of the action, suit or proceeding. 13.3.2 The indemnitee's failure to give the required notice will not relieve the indemnitor from its obligation to indemnify the indemnitee unless indemnitor is materially prejudiced by such failure. 13.3.3 Indemnitor will have the right at any time,by notice to the indemnitee,to participate in or assume control of the defense of the claim with counsel of its choice. The indemnitee agrees to cooperate fully with the indemnitor. If the indemnitor so assumes control of the defense of any third-party claim, the indemnitee shall have the right to participate in the defense at its own expense. If the indemnitor does not so assume control or otherwise participate in the defense of any third-party claim, indemnitor shall be bound by the results obtained by the indemnitee with respect to the claim. 13.3.4 If the indemnitee assumes the defense of a third-party claim as described above, then in no event will the indemnitor admit any liability with respect to,or settle,compromise or discharge,any third-party claim without the indemnitee's prior written consent, and the indemnitor will agree to any settlement, compromise or discharge of any third-party claim which indemnitee may recommend which releases the indemnitor completely from such claim. 13.4 Hazardous Substances.Licensee represents and warrants that its use of the District's Poles will not generate any Hazardous Substances,that it will not store or dispose on or about the District's Poles or transport to the District's Poles any Hazardous Substances and that Licensee's Attachments will not constitute or contain and will not generate any Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments."Hazardous Substance"shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste,hazardous or toxic material, hazardous or toxic or radioactive substance,dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws,regulations or rules now or hereafter in effect including any amendments. Licensee further represents and Public Utility District No.3 of Mason County Pole Attachment License Agreement 22 i warrants that in the event of breakage, leakage, incineration or other disaster, its Attachment(s)would not release any Hazardous Substances. Licensee and its agents,contractors and subcontractors shall defend, indemnify and hold harmless the District and its respective officials,officers,board members,commissioners, representatives,employees, agents and contractors against any and all liability, costs, damages,fines,taxes, special charges by others, penalties,punitive damages, expenses (including reasonable attorney's fees and all other costs and expenses of litigation)arising from or due to the release,threatened release, storage or discovery of any Hazardous Substances on,under or adjacent to the District's facilities attributable to Licensee's use of the District's facilities. Should the District's Poles be declared to contain Hazardous Substances,the District, shall be responsible for the disposal of its Poles. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above,the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District. 13.5 Municipal Liability Limits.No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose by the District of any applicable State limits on municipal liability.No indemnification provision contained in this Agreement under which Licensee indemnifies the District shall be construed in any way to limit any other indemnification provision contained in this Agreement. 13.6 Attorney's Fees. Should either Party bring an action in a court of competent jurisdiction to enforce a term found in this Agreement,the substantially prevailing Party shall be awarded reasonable attorney's fees and costs. Article 14—Duties, Responsibilities, And Exculpation 14.1 Duty to Inspect.Licensee acknowledges and agrees that the District does not warrant the condition or safety of the District's Facilities,or the premises surrounding the Facilities, and Licensee further acknowledges and agrees that it has an obligation to inspect the District's Poles and/or premises surrounding the Poles, prior to commencing any work on the District's Poles or entering the i premises surrounding such Poles. Licensee's responsibility is limited only to the extent necessary to perform Licensee's work. Any obligation of the District with respect to the condition or safety of its facilities separate from this Agreement shall remain solely the obligation of the District. j Public Utility District#3 of Mason County Pole Attachment License Agreement 23 I i E- i 14.2 Knowledge of Work Conditions.By executing this Agreement,Licensee warrants that it has acquainted, or will fully acquaint, itself and its employees and/or j contractors and agents with the conditions relating to the work that Licensee will undertake under this Agreement and that it fully understands or will acquaint itself with the facilities,difficulties and restrictions attending the execution of such work. 14.3 DISCLAIMER. DISTRICT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO DISTRICT'S POLES,ALL OF WHICH ARE HEREBY DISCLAIMED,AND DISTRICT MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES,EXCEPT TO THE EXTENT EXPRESSLY AND UNAMBIGUOUSLY SET FORTH IN THIS AGREEMENT. DISTRICT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 14.4 Duty of Competent Supervision and Performance.The parties further understand and agree that in the performance of work under this Agreement,Licensee and its agents,employees,contractors and subcontractors will work near electrically energized lines,transformers or other District Facilities, and it is the intention that energy therein will not be interrupted during the continuance of this Agreement, except in an emergency endangering life,or threatening personal injury or property damage. Licensee shall ensure that its employees, agents,contractors and subcontractors have the necessary qualifications,skill,knowledge,training and experience to protect themselves,their fellow employees, employees of the District and the general public,from harm or injury while performing work permitted pursuant to this Agreement. In addition,Licensee shall furnish its employees,agents,contractors and subcontractors competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner. Licensee agrees that in emergency situations in which it may be necessary to de-energize any part of the District's equipment,Licensee shall ensure that work is suspended until the equipment has been de-energized and that no such work is conducted unless and until the equipment is made safe. 14.5 Interruption of Service. In the event that either Party causes an interruption of service by damaging or interfering with the services or facilities of the other Party, I the at fault Party, at its expense, shall immediately do all things reasonable to I avoid injury and damages,direct and incidental,resulting therefrom,and shall notify the other Party immediately. I 14.6 Duty to Inform. Licensee further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on the I Public Utility District No. 3 of Mason County Pole Attachment License Agreement 24 f District's Poles by Licensee's employees, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform Licensee's employees, agents, contractors or subcontractors of such dangers,and to keep them informed regarding same. Article 15—Insurance 15).1 Policies Required.At all times during the term of this Agreement, Licensee shall keep in force and effect all insurance policies as described below: 15.1.1 Workers' Compensation and Employers'Liability Insurance. Statutory workers'compensation benefits and employers' liability insurance with a limit of liability no less than that required by Washington State Iaw at the time of the application of this provision for each accident. Licensee shall require subcontractors and others not protected under its insurance to obtain and maintain such insurance. 15.1.2 Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to,the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage property damage, independent contractor's coverage with Limits of liability not less than $2,000,000 general aggregate, $2,000,000 products/completed operations aggregate, $2,000,000 personal injury, $2,000,000 each occurrence. 15.1.3 Automobile Liability Insurance.Business automobile policy covering all owned,hired and non-owned private passenger autos and commercial vehicles used in connection with work under this Agreement. Limits of liability not less than $1,000,000 each occurrence, $1,000,000 aggregate. 15.1.4 Umbrella Liability Insurance.Coverage is to be in excess of the sum employers' liability, commercial general liability,and automobile liability insurance required above. Limits of liability not less than$4,000,000 each occurrence, $4,000,000 aggregate. Overall limits of liability insurance may be met through any combination of primary and excess liability policies. i 15.1.5 Property Insurance.Each party will be responsible for maintaining property insurance or self-insurance on its own facilities, buildings and other improvements, including all equipment, fixtures,and District structures, fencing or support systems that may be placed on,within or around District Public Utility District#3 of Mason County Pole Attachment License Agreement 25 i i Facilities to frilly protect against hazards of fire,vandalism and malicious mischief,and such other perils as are covered by policies of insurance commonly referred to and known as"extended coverage"insurance or self- insure such exposures. 15.2 Oualification; Priority; Contractors'Coverase.The insurer must be authorized to do business under the laws of the State of Washington and have an "A"or A- VII"or better rating in Best's Guide. Such liability insurance will be primary with respect to losses for which the insured party is responsible hereunder.All contractors and all of their subcontractors who perform work on behalf of Licensee shall carry, in full force and effect,workers'compensation and employers' liability,commercial general liability and automobile liability insurance coverages of the type that Licensee is required to obtain under this Article with limits appropriate to the scope of such party's work. 15.3 Certificate of Insurance; Other Requirements. Prior to the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, Licensee will furnish the District with a certificate of insurance ("Certificate").The Certificate shall reference this Agreement and any requirements of this Agreement.The certificates shall state that notice of cancellation will be given in accordance with policy provisions.The District, its board members, commissioners, agencies,officers, officials, employees and representatives(collectively, "Additional Insureds") shall be named as Additional Insureds under the required Commercial General and Automobile Liability policies. Licensee shall obtain Certificates from its agents, contractors and their subcontractors and provide a copy of such Certificates to the District upon request. 15.4 Limits.The limits of liability set out in this Article may be increased or decreased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws which would materially increase or decrease Licensee's exposure to risk. I 15.5 Prohibited Exclusions.No policies of insurance required to be obtained by Licensee or its contractors or subcontractors hereunder shall contain provisions (1) that exclude coverage of liability assumed by this Agreement with the District except as to infringement of patents or copyrights or for libel and slander in program material, (2)that exclude coverage of liability arising from excavating, i collapse, or underground work, (3)that exclude coverage for injuries to the District's employees or agents directly caused by the negligence of Licensee, or Public Utility District No.3 of Mason County Pore Attachment License Agreement 26 i i L � (4)that exclude coverage of liability for injuries or damages caused by Licensee's i contractors or the contractors'employees,or agents. This list of prohibited provisions shall not be interpreted as exclusive. 15.6 Deductible/Self-insurance Retention Amounts. Licensee shall be fully responsible for any deductible or self-insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. Article 16—Authorization Not Exclusive The District shall have the right to grant, renew and extend rights and privileges to others not party to this Agreement by contract or otherwise,to use District Facilities covered by this Agreement. Such rights shall not interfere with the rights granted to Licensee by this Agreement or by the specific Permits issued pursuant to this Agreement. Article 17—Assignment 17.1 Limitations on Assienment. Licensee shall not assign its rights or obligations under this Agreement, nor any part of such rights or obligations, without the prior written consent of the District, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Licensee shall have a right to assign or transfer this Agreement, in whole or in party and without consent to (i) any entity that controls, is controlled by, or is under common control with Licensee, and (ii) any entity that purchases all or substantially all of Licensee's assets located in Mason County, Washington. Licensee shall fumish the District with written notice of the transfer or assignment,together with the name and address of the transferee or assignee.No consent shall be required for an assignment of all of Licensee's interests in this Agreement to its Affiliate. However, Licensee shall provide notice to the District within thirty(30)calendar days thereafter. 17.2 Sub-licensine. Without the District's prior written consent, Licensee shall not sub-license or lease to any third party,including but not limited to allowing third parties to place Attachments on District Facilities, including Overlashing, or to place Attachments for the benefit of such third parties on District's Poles.Any such action shall constitute a material breach of this Agreement.The use of Licensee's Attachments by third parties (including but not limited to leases of dark fiber)that involves no additional Attachment or Overlashing is not subject to this Paragraph. Public Utility District#3 of Mason County Pole Attachment License Agreement 27 c Article 18—Failure to Enforce Failure of the District or Licensee to take action to enforce compliance with any of the terms or conditions of this Agreement or to give notice or declare this Agreement or any authorization granted hereunder terminated shall not constitute a waiver or relinquishment of any term or condition of this Agreement,but the same shall be and remain at all times in full force and effect until terminated, in accordance with this Agreement. Article 19--Termination of Agreement 19.1 Right to Terminate.Notwithstanding the District's rights under Article 10(Termination of Permit),the District shall have the right, subject to compliance with 19.2 below, including the provision of written notice and the expiration of the cure period as set forth herein, to terminate this entire Agreement, and/or any Permit(s) issued hereunder, if Licensee fails to correct a material default of any material term or condition of this Agreement, including but not limited to the following circumstances: (a) Failure to remedy, as required by the terms of Notice issued by the District, any construction, operation or maintenance of Licensee's Attachments in violation of any Applicable Standard or law or in aid of any unlawful act or undertaking, unless Licensee is contesting the lawfulness of such construction,operation, or maintenance in good faith in an appropriate forum and in compliance with applicable procedural requirements; or (b) Construction, operation or maintenance of Licensee's Attachments after any authorization required of Licensee has lawfully been denied or revoked by any governmental or private authority, including but not limited to fact pattern under Paragraphs 10.1 and 10.2(Automatic Termination of Permit unless Licensee is contesting the lawfulness of such denial or revocation in j good faith in an appropriate forum and in compliance with applicable ' procedural requirements; or t (e) Construction, operation or maintenance of Licensee's Attachments without the insurance coverage required under this Agreement; or i 1 (d) Failure to comply with terms of Notice of Violation, Notice of Correction,or Notice of Abandonment/Removal. I Public Utility District No.3 of Mason County Polo Attachment License Agreement 28 i 19.2 Process for Termination of Agreement.Upon the occurrence of an event or facts serving as the basis for termination of this Agreement, the District may terminate this Agreement upon the later of thirty(30)days'notice and opportunity to cure within the thirty(30) day period,or any other specifically applicable notification period provided herein. The District shall give Licensee thirty(30) days prior written notice of its intent to exercise any of its rights under this Article 19, identifying the reasons for such action, including the asserted default or violation. If Licensee removes or otherwise cures the asserted default or violation within the thirty(30)day notice period, or if cure is not reasonably possible within the thirty(30)day period and Licensee initiates good faith efforts within the thirty (30)day period to cure the asserted default or violation and the efforts continue in good faith,then the District shall not exercise its rights under this Article 19.If Licensee fails to remove or otherwise cure the asserted default or violation within the thirty(30)day notice period, or if the Licensee does not undertake and continue efforts satisfactory to the District to remedy the stated default or violation,then, upon written notice to Licensee,the District may exercise any of the remedies available under this Article 19. Article 20—Term of Agreement 20.1 This Agreement shall become effective upon its execution and, if not terminated in accordance with other provisions of this Agreement, shall continue in effect for a term of five(5) years. Either party may terminate this Agreement at the end of the initial five(5) year term by giving to the other party written notice of an intention to terminate this Agreement at least one hundred eighty(180)calendar days prior to the end of the term. If no such notice is given,this Agreement shall automatically be extended for an additional five(5)year term.Either party may terminate this Agreement at the end of the second five(5)year term by giving to the other party written notice of an intention to terminate this Agreement at least one hundred eighty(180)calendar days prior to the end of the second term. Upon failure to give such notice,this Agreement shall automatically continue in force until terminated by either party after one hundred eighty(180) calendar days written notice.To the extent that the parties are negotiating a new Pole agreement in good faith, Licensee's Attachments shall continue to be authorized and the parties shall continue to perform under the terms of this Agreement. 20.2 Even after the termination of this Agreement,the Parties'responsibility and indemnity obligations shall continue with respect to any claims or demands related to this Agreement, subject to applicable statutes of limitations. i f Public Utility District#3 of Mason County Pole Attachment License Agreement 29 i r- Article 21—Amending Agreement The terms and conditions of this Agreement shall not be amended, changed or altered except in writing and with approval by authorized representatives of both parties. Article 22—Notices 22.1 Wherever in this Agreement notice is required to be given by either party to the other,such notice shall be in writing and shall be effective when sent by email or first class mail, except where specifically provided for elsewhere, and PROVIDED that notices pursuant to Article 19 shall be by certified mail, return receipt requested, or when deposited for overnight delivery with a nationally recognized overnight courier/express transportation company such as FedEx or equivalent.Notice by mail or overnight courier/express transportation delivery shall be properly addressed as follows: If to District, at: Public Utility District No.3 of Mason County PO Box 2148 2621 E Johns Prairie Rd Shelton,WA 98584 Email: jointuse@masonpud3.org If to Licensee,at: Email: With copy to: Email: i 1 or to such other address as either party, from time to time,may give the other i party in writing. Public Utility District No.3 of Mason County Pole Attachment License Agreement 30 f i L I 22.2 Provide 24-hour Emereencv Contact.Licensee shall maintain a staffed 24-hour emergency telephone number where the District can contact Licensee to report damage to Licensee's facilities or other situations requiring immediate communications between the parties.Such contact person shall be qualified and all legal able to respond to the District's concerns and requests.Failure to maintain an able emergency contact shall eliminate the District's liability to Licensee for any actions that the District deems reasonably necessary given the specific circumstances. The following contact phone number is designated by Licensee for this purpose,and shall remain effective until such time as Licensee provides Licensor with an alternative number in writing: eement (insert phone number). ice to in the Article 23—Entire Agreement to parties This Agreement supersedes all previous agreements,whether written or oral,between the the District and Licensee for placement and maintenance of Licensee's Attactunents on District's Poles;and there are no other provisions,terms or conditions to this Agreement except as The expressed herein. Except as otherwise provided in this Agreement,any existing Attachments shall continue in effect,provided they meet the terms of this Agreement. Its Ion for Article 24—Severability & Change in Law gree that If any provision or portion thereof of this Agreement is or becomes invalid under any final. applicable statute or rule of law,such provision shall not render unenforceable this entire ;g party Agreement but rather it is the intent of the parties that this Agreement be administered as Me if not containing die invalid provision. The terms and conditions of this Agreement were composed in order to effectuate the notify legal requirements and/or parameters in effect at the time the Agreement was produced. Ked this In the event that any of the terms or conditions,or any of the laws or regulations that s the were the basis or rationale for such terms or conditions in this Agreement are invalidated, I the modified or stayed by any state or federal regulatory or legislative bodies or courts of ee does I competent jurisdiction,the Parties shall expend diligent efforts to arrive at a written amendment regarding the appropriate conforming modifications to the Agreement. y shall :s,as I Public Utility District#3 of Mason County Pole Attachment License Agreement 31 :Agreement 32 i i Article 27—Incorporation of Recitals and Appendices ' f The recitals stated above and all terms and provisions contained in the Applicable Standards,as now existing or as hereafter amended, are hereby incorporated into and constitute part of this Agreement. Article 28—Performance Bond On execution of this Agreement, Licensee shall provide to the District a performance bond in an amount that is equal to Forty Dollars($40.00)per Licensee Pole Attachment or Ten Thousand Dollars($10,000.00),whichever is greater. The required bond amount may be adjusted periodically to account for additions or reductions in the total number of Licensee's Pole Attachments.The bond shall be with an entity and in a form acceptable to the District.The purpose of the bond is to ensure Licensee's performance of all of its obligations under this Agreement and for the payment by Licensee of any claims, liens, taxes, liquidated damages,penalties, rates,and fees due to the District which arise by reason of the construction, operation, maintenance or removal of Licensee's Attachments on or about District's Poles. The District at its sole discretion,may waive the requirement of a performance bond if the proposed Licensee,or its predecessor, is a regionally or nationally recognized communications provider having formally been in existence for a minimum of ten years and can demonstrate financial responsibility. i Public Utility Distract#3 of Mason County Pole Attachment License Agreement 33 I I i i Article 29—Force Majeure 29.1 In the event that either the District or Licensee is prevented or delayed from fulfilling any term or provision of this Agreement by reason of fire,flood, earthquake or like acts of nature, wars, revolution,civil commotion, explosion, acts of terrorism, embargo, acts of the government in its sovereign capacity, material changes of laws or regulations,labor difficulties, including without limitation, strikes, slowdowns,picketing or boycotts, unavailability of equipment of vendor, or any other such cause not attributable to the negligence or fault of the party delayed in performing the acts required by the Agreement, then performance of such acts shall be excused for the period of the unavoidable delay, and any such party shall endeavor to remove or overcome such inability as soon as reasonably possible. Licensee shall not be responsible for any charges associated with District's Facilities for any periods that such facilities are unusable. 29.2 The District shall not impose any charges on Licensee stemming solely from Licensee's inability to perform required acts during a period of unavoidable delay as described in Section 29.1,provided that Licensee present the District with a written description of such force majeure within a reasonable time after occurrence of the event or cause relied on,and further provided that this provision shall not operate to excuse Licensee from the timely payment of any rates, fees or charges due the District under this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. (DISTRICT) (LICENSEE) BY: BY: Title: Title: l l i l Public Utility District No. 3 of Mason County Pole Attachment License Agreement 34 f r i DISTRICT i STATE OF WASHINGTON ss County of Mason 1,the undersigned, a Notary Public in and for the State of WASHINGTON hereby certify that on the day of , 2 ,personally appeared before me [NAME] , [TITLE] to me known to be the individual described in and who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year above written. Notary Public in and for the State of Washington residing at i Public Utility District#3 of Mason County Pole Attachment License Agreement 35 , i� { r i LICENSEE STATE OF ss County of I,the undersigned, a Notary Public in and for the State of , hereby certify that on the day of 12 ,personally appeared before me [NAME] , [TITLE] to me known to be the individual described in and who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year above written. Notary Public in and for the State of , residing at i i E E Public Utility Aist6d No.3 of Mason County Pole Attachment License Agreement 36 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda X Public Hearing Other DEPARTMENT: Human Resources/Board of Equalization EXT: 422 COMMISSION MEETING DATE: 12/10/2019 Agenda Item # g I� Commissioner staff to complete) BRIEFING DATE: 12/2/2019 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2019 assessment year. Background: The Mason County Assessor has certified the assessment rolls for 2019 assessment year. Per RCW 84.48.010, petitions filed have exceeded twenty-five, or ten percent of the number of appeals filed in the preceding year. Petitions filed for 2018 assessment year totaled 342. RECOMMENDED ACTION: Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2019 assessment year. Attachment(s): Notice of Approval to Hear Property Tax Appeals Mason County Legislative Authority Form K:\CMMR Cover Sheets\2019\Agenda Cvr-Approval for BoE to Hear Property Tax Appeals for 2019 AY.doa MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jen Beierle Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: DATE: December 10, 2019 Agenda Item # Commissioner staff td complete) BRIEFING DATE: December 2, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the following awards from the Rural County Sales & Use Tax Fund (.09): $70,040 to the Mason County Economic Development Council in 2020 for business retention, expansion, recruitment project and economic development planning, as allowed in RCW 82.14.370 and enter into a contract; $450,000 for years 2020 & 2021 for the Belfair Sewer. Background: These requests were circulated to the ports, EDC and the City of Shelton for comment as required in RCW and no comments were received. From RCW 82.14.370 - "Moneys collected under this section may only be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices. The public facility must be listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county's comprehensive plan..." RECOMMENDED ACTION: Approval of the following awards from the Rural County Sales & Use Tax Fund (.09): $70,040 to the Mason County Economic Development Council in 2020 for business retention, expansion, recruitment project and economic development planning, as allowed in RCW 82.14.370 and enter into a contract; $450,000 for years 2020 & 2021 for the Belfair Sewer. Attachment: Applications for funding and EDC contract 12/2/2019 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: N/A 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 i i LOCAL ECONOMIC DEVELOPMENT PROGRAM APPLICATION Contact Name(s) Loretta Swanson, Director, Mason County Public Works/Utilities &Waste Address 100 W Public Works Drive City, State, Zip Shelton, WA 98584 1 Fax&e-mail lorettas@co.mason.wa.us Signature and position of person authorizing submittal of application i _ ,c)Gt✓�Sd'rn Director 10/18/2019 Signature Position Date Project Title: Belfair Wastewater Treatment&Water Reclamation Projects: Phases 1-4 Planning and Capital Infrastructure Development Total Project Cost$ 53.3 million (Phases 1-2) Amount raised to date $ 53.3 Is your request intended to fill a gap in funding (gap financing)? [x] Yes [] No i Requested funds are necessary to help pay the annual debt service costs incurred on funding borrowed to build the new Belfair Wastewater Treatment/Water Reclamation Facility, and to maintain a reasonable monthly sewer rate. Annual expenditures related to debt service are assumed to be approximately $ 757,000 per year after applying $1,500,000 in rate relief funds received during the 2019 legislative session. t 9 Is this a phased project[x] Yes [ ] No, If yes number of phases: 4 Number of years: 20 Requested loan amount$ 0 Requested grant amount $ 450,000/year for years 2020-2021 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? Phase 1 of the Belfair Wastewater Treatment&Water Reclamation Projects is complete and partially funded by this grant. Phase 2, which extends service towards the Puget I Sound Industrial Center(PSIC) is currently in the preliminary engineering phase with construction anticipated in 2022 or sooner. Phase 2 design is fully funded and a Public Works Board grant and low interest construction loan offer will fund construction. The preferred alternative and funding package decision is pending. The Phase 2 work is in partnership with the City of Bremerton and Port of Bremerton through an Interlocal Agreement(ILA). Phase 2 is timed in coordination with the i Page i of 4 WSDOT SR3 Freight Corridor project design and construction, along with Mason Transit Authority's new Belfair facility. 2. Explain how the project satisfies economic development and priorities, Belfair is one of three urban growth areas within Mason County. Provision of sewer service is essential for economic growth within both the Belfair UGA and county. Well- planned and constructed sewer infrastructure reduces hurdles to economic development. Phase 2 of this project extends service to areas designated for industrial and commercial use (along with residential) in advance of need, while making use of the existing infrastructure capacity. The Economic Development Element of the Mason County Comprehensive Plan identifies infrastructure and capital improvements as one of five focus areas, noting sewer systems as a key infrastructure need. The vision is"Mason County's utilities and transportation networks fully support future commercial, industrial and residential growth while preserving the natural environment and community character", GOAL 1.1 Ensure that infrastructure is adequately sized or expandable to accommodate current needs and projected growth. POLICY 1.1.2 Support and encourage the extension of utilities, transportation, and other facilities to areas designated for industrial and commercial use in ' advance of need. Phase 2 is planned to extend service to the Puget Sound Industrial Center (PSIC) , with most of its area being designated as a Manufacturing/Industrial Center (MIC) by the Puget Sound Regional Council (PSRC). A MIC is an area intended to have a concentration of industrial employment and comes with potential tax advantages for ` the businesses who locate there. There are only nine in the Puget Sound Region, and PSIC has the most vacant land., In order to maintain MIC status, steps must be 1 taken to ensure the center is developable, including provision of sewer service. 3. Will this project be a public facility which is listed in economic development plan officially adopted by the county? [x] Yes [] No 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. ✓ Belfair Wastewater Plant Operations Permit ✓ Belfair Wastewater Facilities Plan ✓ Belfair/Northshore Programmatic Environmental Impact Statement Belfair General Sewer Plan underway at this time for Phase 2 improvements Page 2 of 4 1 3 5. Has other funding been secured? [x] Yes [] No. If yes, list source(s)of funding. Mason County actively and regularly pursues other funding sources to reduce the current debt burden, maintain rates, and meet economic development priorities. Recent examples of secured funding include: • i Legislative appropriations for rate relief I ■ Commerce grants for sewer extension planning/design ■ TLA with City of Bremerton for sewer extension planning and design ■ Public Works Board grant/loan for sewer extension construction 6. Please list other funding sources, which have been pursued or currently pursued, The County will continue to pursue federal and state grants and loans as appropriate for the remaining phases of implementation of the Belfair sewer project. After start-up of Phases 1 and 2, utility rates and general facility connection charges will also be used to operate the system and pay down the capital debt service for these initial phases of the project. Additional funding is required to complete the remaining phases and keep customer utility rates affordable. Current expectations are that large portions (if not all) of the remaining phases will be funded through developer contributions, 7. Please Indicate the number of full-time, permanent jobs this project will create. Create in 1-3 = 20 Create in 4-5 years -- 100 Create in 6-10 years = 150 � Number of jobs retained = 300 8. Please indicate number of businesses that will directly benefit from the public facility. 1 All existing businesses within the Belfair UGA along the SR3 and 300 Belfair corridors directly benefit from Phase 1 sewer service. The provision of sewer service freed up valuable urban land previously dedicated to on-site septic systems and reserve areas. This allowed for expansion and/or re-development. Phase 2 service will also potentialiy benefit existing businesses in the Log Yard Road vicinity and along SR 3 north of the existing service area similar to benefits from Phase 1. Providing a closer sewer connection will allow business to more economically connect, thereby expanding or building new. New businesses in the same vicinity and PSIC will benefit from planned sewer expansion. Page 3 of 4 i 9. Please list other significant factors about the project that should be considered. The project will allow for the successful, planned development of entire Belfair UGA at urban levels of density as envisioned (and required) by the State's Growth Management Act. The conversion of on-site systems to sewer will aid In the removal of nitrogen to Hood Canal. 10. List, in detail, how the money requested would be spent on the proposed project. The requested dollars will be spent to help pay down the annual capital project debt service of approximately$1 million per year that was incurred to construct Phase 1 of the Belfair sewer system. This will help keep the annual sewer rate increases to 311/0 per year from 2017 through 2026 with an assumed ERU growth rate of 3% per year for the Belfair sewer system. kk i r I 1 1 1 . 1 l I t I Page 4 of 4 MASON COUNTY and ECONOMIC DEVELOPMENT COUNCIL of MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and the Economic Development Council of Mason County "CONTRACTOR" referred to as "CONTRACTOR." COUNTY and EDC are referred to collectively as the "parties." RECITALS: WHEREAS, sales tax and use funds collected under RCW 82.14.370 are to be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices; and WHEREAS, the Economic Development Council of Mason County meets the requirement of being "an office of a county, port district, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county"with its purposes including the facilitation of the creation or retention of businesses and jobs in a county; and WHEREAS, through RCW 43.330.080 the Economic Development Council of Mason County, as the County's designated Associate Development Organization, is required to provide direct assistance including business planning to companies throughout the County who need support to stay in business, expand or relocate to Washington from out-of-state and other countries. Assistance must comply with business recruitment and retention protocols established by the State; and WHEREAS, COUNTY has consulted with the city of Shelton and the port districts located within the county to ensure that this expenditure meets the goals of chapter 130, Laws of 2004; and WHEREAS, COUNTY has determined that it is in the best interest of the residents of Mason County to contract with the Economic Development Council of Mason County to provide economic development technical assistance, support and services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions Funding Source: Funds for this CONTRACT are provided as allowed in RCW 82.14.370 sales and use tax for public facilities in rural counties. Required County Matching Funds: Per RCW 43.330.086 COUNTY is required to provide matching funds for its Associate Development Organization's grant with the Washington State Department of Commerce. $57,339.00 of the funding provided through this CONTRACT is designated as the COUNTY's matching funds. 1 General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start on January 1, 20204-9 and end December 31, 20204-9. Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year. Compensation: CONTRACT total value is not to exceed $7068,0490. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes.Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of 2 the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation."Where Exhibit"B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit"B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit"B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit"B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the 3 CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 4 The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; reports, surveys, studies, data collected and other as appropriate prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order 5 entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, 6 any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. 7 The Administrative Officer for purposes of this CONTRACT is: Frank Pinter Support Services Director Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 530 FPinter _co.mason.wa.us CONTRACTOR's Primary Contact's Information: Jennifer Baria 310 W. Cota Shelton, WA 98584 Phone: 360-426-2279 E-mail:Jennifer .choosemason.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and 8 Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (MA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree 9 that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this CONTRACT are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 10 ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS of MASON COUNTY MASON COUNTY, WASHINGTON Jennifer Baria, Executive Director Kevin ShuttyRandy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA EXHIBIT A SCOPE OF SERVICES CONTRACTOR to provide a budget by expense category totaling $7066,0400 for the 20204-9 one year contract to the BOCC within fifteen days (15) of contract execution. CONTRACTOR to provide update to Board of County Commissioner at commission business meetings. Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work to the County. meetings. RECRUITMENT& MARKETING CONTRACTOR to market Mason County as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state. Deliverable: number of businesses contacted. CONTRACTOR to provide site location assistance for businesses that are looking to locate in Mason County. Deliverable: Quarterly list of project names. BUSINESS RETENTION & EXPANSION ACTIVITIES CONTRACTOR to work with partners throughout the county including, but no limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county. Deliverable: copy of communication plan on or before 3/31/20204-9 and a quarterly dashboard of communication analytics. CONTRACTOR to provide business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance, and the provision of information to businesses on resources available for microenterprise development and resources available on the revitalization of commercial districts. Deliverable: number of businesses visited and number of follow-ups with existing businesses. CONTRACTOR to participate with the state board for community and technical colleges in the coordination of the job skills training program and the customized training program within its region. BUSINESS ASSISTANCE CONTRACTOR to provide or facilitate the provision of export assistance through workshops or one-on-one assistance. CONTRACTOR to provide information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Mason County. Deliverable: number of businesses that direct assistance was provided, and number of follow-up interactions. 12 READINESS & CAPACITY BUILDING CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/204-9. CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. CONTRACTOR to provide an annual snapshot of local economic conditions to include breakdowns of the three UGAs. Deliverable: Economic Vitality index. 13 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated a total of$7066,0490 which will be paid in four equal payments of$17,510898 after the receipt of an acceptable invoice. B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit invoice with required performance report via e-mail to dl�co.mason.wa.us and aco.mason.wa.us 2. 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 14 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Professional liability(errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this CONTRACT and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 15 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 16 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this CONTRACT. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty)to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 17 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: 532 COMMISSION MEETING DATE: December 10, 2019 Agenda Item # IC, f (Continued from November 26, 2019 Public Hearing) (commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for collection in 2019. Background: 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 Action: 1) Resolution certifying levies to Assessor (due November 30) Move to adopt the resolution certifying to the County Assessor the property tax levies for collection in 2020. 2) Resolution certifying levies to Assessor (due November 30) Move to continue the hearing to the December 17th, 2019 Commission meeting at 9:15 a.m. to adopt the resolution certifying to the County Assessor the property tax levies for collection in 2020. J:\Budget Adoption Info\2020\2020 Agenda Items&ResolutionsTublic Hearing Cover for Nov 26 hearing-certify levies-continued.doc A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE CURRENT EXPENSE LEVY FOR THE YEAR 2020 RESOLUTION NO. WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Current Expense. IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2020 Budget for Mason County Current Expense,Refund Levy,Mental Health,and Veterans' Assistance Funds: CURRENT EXPENSE FUND $ 10,029,100.83 MENTAL HEALTH FUND $ 218,124.42 VETERANS'ASSISTANCE FUND $ 136.160.00 REGULAR CURRENT EXPENSE LEVY $ 10,383,385.25 REFUND LEVY $ 0.00 TOTAL AMOUNT TO LEVY 2020 $ 10,383,385.25 This resolution reserves unutilized levy for banked capacity. The current banked capacity reserved for the year 2020 is$0. ADOPTED this day of 2019. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin,Chairperson Terri Drexler,Commissioner Kevin Shutty, Commissioner ATTEST: Melissa Drewry,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE ROAD LEVY FOR THE YEAR 2020 RESOLUTION NO. WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Road Fund. IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2020 Budget for Mason County Refund Levy and Road Fund: ROAD FUND $ 8,956,428.15 DIVERSION OF ROAD LEVY $ 2.160.000.00 TOTAL ROAD LEVY $ 11,116,428.15 REFUND LEVY $ 0.00 TOTAL AMOUNT TO LEVY FOR 2020 $ 11,116,428.15 This resolution reserves unutilized levy for banked capacity. The current banked capacity reserved for the year 2020 is$0. ADOPTED this day of 2019. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty,Chairperson Randy Neatherlin,Commissioner Sharon Trask,Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecuting Attorney RESOLUTION NO. A RESOLUTION CERTIFYING PROPERTY TAX LEVIES FOR COLLECTION IN 2020 WHEREAS, the Board of Mason County Commissioners must by law (RCW 84.52.070) certify to the Mason County Assessor the amount of taxes levied upon the property in the county for county purposes, and the respective amounts of taxes levied by the Board for each city, town and taxing district, within or coextensive with the County, for city, town or district purposes; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners that the attached schedule constitutes the levies for the county, cities and taxing districts on all taxable property in Mason County, Washington, as shown by the assessment rolls for the year 2020. BE IT FURTHER RESOLVED, that should the valuation of one or more districts change significantly, the County Assessor with permission of the taxing district, is hereby authorized to adjust the amount of taxes levied, upon written notification to the Mason County Board of Commissioners. 11 Dated this day of 20X BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: December 10, 2019 Agenda Item Commissioner staff to complete) BRIEFING DATE: November 4 & November 12, 2019 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Hold a Public Hearing on December 10, 2019 at 9:15 a.m. to consider approval of budget supplemental appropriations and amendments to the 2019 budget. Background: Requests for 2019 budget supplemental appropriations and amendments. Budget Impacts: $120,267 Decrease to Current Expense, Fund 001, Ending Fund Balance $51,125 Decrease to Community Support Services, Fund 117, Ending Fund Balance $250,000 Decrease to Mental Health Tax, Fund 164, Ending Fund Balance Total Budget Supplemental Appropriation Requests: General Fund $206,483 Other Funds $789,700 Total Budget Amendment Requests: General Fund $120,267 (Cumulative 2019 Decrease to EFB is $721,029) Other Funds $301,125 J:\Budget Office\Briefmg, Agenda,&Public Hearing Items\Budget Hearings\2019\12.10.19 Budget Hearing\Public Hearing Cover Sheet 12.10.19.docx ORDER 2019 Budget IN THE MATTER OF: BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS - NOTICE OF HEARING RESOLUTION NO.111-19 DATED AND PASSED: November 19, 2019 FOR BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS OF: WHEREAS, a notice was published and a public hearing was held in accordance with RCW 36.40.100 and RCW 36.40.195 and with Resolution No. 111-19 (see Attachment A which is incorporated as part of this order). THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, hereby approves the budget supplemental appropriations and amendments to the 2019 budget as follows: Total Adjustments to authorized expenditure appropriations in the General Fund: $326,750 Total Adjustments to authorized expenditure appropriations in funds other than the General Fund: $1,090,825 BE IT FURTHER RESOLVED that these Budget Amendments and Transfers will be expended and recorded in the 2019 budget as listed in Attachment B which is also incorporated as part of this order. PASSED in open session this 10th day of December, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner C: Auditor Financial Services Treasurer RESOLUTION NO. 2019 BUDGET BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENT REQUESTS-NOTICE OF HEARING WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget for the year 2019,it is necessary to make provisions for supplemental appropriations and amendments to the budget as required by RCW 36.40.100,and RCW 36.40.195;and WHEREAS, the revenue and expenditure adjustments to County funds, as listed in Attachment A to this Resolution,are required in order to incorporate into the budget the revenues and expenditures now identified,which were not known at the time of original budget adoption;and WHEREAS,the net total of adjustments to 2019 authorized expenditure appropriations in the General Fund is an increase of$326,750;and WHEREAS, the net total of adjustments to 2019 authorized expenditure appropriations in funds other than the General Fund is an increase of$1,090,825;and THEREFORE,BE IT RESOLVED BY THE Board of Mason County Commissioners: That the 1011 day of December,2019 at the hour of 9:15 a.m.,in the Mason County Commissioners Chambers in Courthouse Building I,411 North Fifth Street,Shelton,Washington,is hereby fixed as the time and place for a public hearing upon the matter of Budget Amendment Requests to the 2019 Budget as provided in Attachment A &B to this Resolution. Contact person:Jennifer Beierle,Budget Manager,(360)427-9670 ext.532 A copy of this resolution and the proposed amendments to the 2019 budget is available by contacting Kelly Bergh at(360)427-9670 ext.644. The Clerk of the Board is hereby authorized,empowered,and directed to cause notice of such hearing to be published as provided by law. DATED this 191h of November,2019 ATTEST: BOARD OF COUNTY COMMISSIONERS rij ), MASON COUNTY,WASHINGTON Meli sa Ay,Clerk of th Board Kevin Shutty,dhair APPROVED AS TO FORM: A/ Ranify Neatherlin,Commissioner Tim Whitehead,Chief DPA CC: Auditor—Financial Services Sharon Trask,Commissioner Publish 2x 11/27&12/5 bill to Commissioners, 411 North 51h Street,Shelton ATTACHMENT A TO RESOLUTION NO. 2019 BUDGET AMENDMENT#4 DETAIL 2019 2019 i FUND I + REVENUE EXPENDITURE LINE NO. i FUND NAME DEPARTMENT CHANGE CHANGE DESCRIPTION 1EMERGENCY I New Grants:FY 19 EMPG$35,677,FY 19 SHSP 1 001 i GENERAL FUND MANAGEMENT 64,060 64,060 $28,383 F !;EMERGENCY I FY 2018 SHSP Grant expenditure.Revenue was 2 1001 IGENERAL FUND MANAGEMENT 23,124 previously put into the budget. 3 .001 (GENERAL FUND DISTRICT COURT 7,0001 7,000 Increaed UA's ordered by the judge I Leaking irrigation system has caused a rise in j (the cost of water.On track to spend$30k in 4 ;001 1GENERALFLIND i PARKS 1 ! 12,634 2019.IS is planned to be repaired in 2020. Public Disclosure Grant$13,578,Off/On Duty 5 001 GENERAL FUN_D !SHERIFF 135,423 135,423 Patrol Contracts$123,192 ? Jail Control Panel Maintenance$46,658& 6 001 GENERAL FUND !SHERIFF — �-- _ I 79,509 Hardware$32,851 7 001 GENERAL FUND 'NON DEPARTMENTAL i —! 5,000 Increased codification costs COMMUNITY ;Authorized additional funding from Housing 8 117 SUPPORT SERVICES I 51,125 !Authority !Authorized additional funding from Housing 9 150 PERSONAL HEALTH_ 67,200 67,200 (Authority revenue MENTAL HEALTH 10 1164 TAX 250,000 increase in Thurston County expenditures SKOKOMISH FLOOD ' 11 ,192 ZONE ! 410,000 : 410,000 I Mason Conservation District Revenue Higher than budgeted SW fees$270K&LSWFA 12 402 LANDFILL i 312,500 312,500 ,IMP DOE Grant$42.5K GENERAL FUND ITOTAL 206,483 326,750 OTHER FUNDS ITOTAL 789,700 1,090,825 ALL FUNDS 1GRANDTOTAL 996,183 1,417,575 Page 1 of 1 ATTACHMENT B TO RESOLUTION NO. � 2019 BUDGET AMENDMENT 44 DETAILED BUDGET ENTRIES I Proposed Budgeted Account Type I/D I Revenue Expenditure EFS Change EFB Total I Description 001.000000.050.000.333.97.304219.0000.00 2 1 35,677 IFY 19 EMPG -- ! 001.000000.05D.000.333.97.306720.0000.00 2 2 � I � 28,383 FY 19 SHSP 001.000000.050.000.525.10.535011.0000.00 2 ! 1 - I 35,677 EMPG Equipment 001.00010.050.000.525.10.535021.0000.002 I I 28,383 SHSP Equipment - - 001.000000.100.173.342.33.302000.0000.00 2 1 7,O00 I - - - - - Urinalysis Fees Collected 001.000000.100.173.523.33.541010.0000.00 2 ! 17,000T- UA Fees:Sterling Labs 001.000000.205.265.334.00.330020.0000.00 2 1 13,578 ! - Public Disclosure Grant 001.000000.205.265.521.10.535099.0000.00 2 1 _ 61273 ! _ Trackable Tools&Equipment 001.000000.205.267.521.22.535099.0000.00-_-_---,- I 1 _7,305 i Trackable Tools&Equipment 001.000000.205.267.342.10.300400.0000.00 2 1 396 : Off Duty Patrol-MCFD#6 001.000000.205.267.342.10.300500.0000.00 2 I 602 Off_Du r Patrol-USMS 001.000000.205.267.342.10.300700.0000.00 2 1 847 Off Duty Patrol-Lake Trask _- 001.000000.205.267.521.22.512000.0000.00 ; 21 - 1,845 Overtime -r-- - 001.000000.205.267.342.10300610.0000:- 2 - __L 80,000 -- _ On Duty Patrols _----- 001.000000.205.267521.22.535099.0000.00 1 2 1 ! 80,000 Trackable Tools&Equipment 001.000000.205.267.342.10.300620.0000.00 2 1 40,0001 - On Dutv Patrols 001.000000.205.267.521.22.535099.0000.00 I 2 1 1 40,000 Trackable Tools&Equipment _ 001.000000.320.000.508.80.500000.0000.00 ! 1 1 D f -T - 120,2671 5,065,690 Ending Fund Balance -_ 001.000000.050.000.525.10.535021.0000.00 ; 1 ! 1 23,124 SHSP E ui ment 001.000000.146.000.576.80.547020.0000.00 1 1 1 ! 12,634 Water Service 001.000000.205.270.523.60.548010.0000.00 1 I 1 _I 46,658 Repairs&Maintenance 001.000000.205.270.594.60.564010.0000.00 i 1 ' 1 -_ + 32,851 Trackable Tools&E ui me_n_t - 001.000000.300.000.511.30.541010.0000.00 1 I 5,000 Codification i 117.000000.000.000.508.10.500000.0000.00 1 D 51,125 52,281 Endin&Fund Balance --- ---. _ -.- - --- - ---- - --- - - - -- --- 117.000000.000.000.565.40.541000.0000.00 1 ! I 51,125 Housing Authority Contract-____._ 150.000000.200.000.331.06.383800.0000.00 2 1 67,200 I Unbud eted Revenue - - 150.000000.200.000.562.20.531020.0000.00 f 2 i 1 5,700 ! --applies for Opiod Program 150.000000.200.000.562.20.532010.0000.00 2 1 I 2,0_00 : i------TFuel for O lod Program __- 150.000000.200.000.562.20.541010.0000.00 2 1 25,000 i Professional Services for O iod 150.000000.200.000.562.20.541020.0000.00 2 I 17,0001 AdvertisgLfor lod _ __-__________-_-_--__ 150.000000.200.000.562.20.543010.0000.00 _+ 2 12,5001 -�- Travel for O lad _ 150.000000.200.000.562.20.549020.0000.00 I 2 1 - 91000 i Printing for 0 iod Program 150.000000.200.000.562.20.549040.0000.00 2 1 _ 6,000 Re istrations for O iod 164.000000.100.000.508.10.500000.0000.00 1 D _ 250,000 551,193 Ending Fund Balance 164.000000.000.000.564.64.541517.0000.00 1 1 250,000 192.000000.000.000.337.00.300000.0000.00 2 ! 1 410,000 _ _ !_ _ Mason Conservation District -- ----- - - --, -------------- - -------- - 192.000000.000.000.554.90.541091.0000.00 2 I ! 410,000 1 ;Professional5ervices 402.000000.000.000.334.70.300000.0000.00 2 ! 1 270,000 ; -- Garbage/SW Fees 402.000000.000.000.334.03.310005.0000.00 2 ? 1 42,500 1 ! iLSWFA IMP DOE Grant -_ -----'-- ............--------------- ----------2 ---000 -------------------- ---- 1-------u--- lcl -----s ----------- 402.000000.000.000.537.80.547040.0000.00 2 I I 225,000 Lon haul Solid Waste Dis sal 402.000000.000.000.537.80.545020.0000.00 2 I 45,000 Rentals&Leases-Roll Off 402.000000.000.000.537.80.547030.0000.00 2 1 8,000 Misc.Disposal(Leat Tires,etc. 402.000000.000.000.537.81.541010.0000.00 2 1 1 12,000 HHW Disposal 402.000000.000.000.537.80.531030.0000.00 2-F 1 3,500 -- Operating Supplies 402.000000.000.000.537.80.532010.0000.00 2 1 4,000 Ifuel 402.000000.000.000.537.10.541513.0000.00 2 I 15,000 I State Excise Tax General Fund Total: 206,483 326,750 120,267 Other Funds Total: ! ! 789,700 1,090,825 301,125 All Funds Grand Total: 996,183 1,417 575 421,392 Page 1 of 1 ORDER 2019 Budget IN THE MATTER OF: BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS - NOTICE OF HEARING RESOLUTION NO.111-19 DATED AND PASSED: November 19, 2019 FOR BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS OF: WHEREAS, a notice was published and a public hearing was held in accordance with RCW 36.40.100 and RCW 36.40.195 and with Resolution No. 111-19 (see Attachment A which is incorporated as part of this order). THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, hereby approves the budget supplemental appropriations and amendments to the 2019 budget as follows: Total Adjustments to authorized expenditure appropriations in the General Fund: $326,750 Total Adjustments to authorized expenditure appropriations in funds other than the General Fund: $1,090,825 BE IT FURTHER RESOLVED that these Budget Amendments and Transfers will be expended and recorded in the 2019 budget as listed in Attachment B which is also incorporated as part of this order. PASSED in open session this 10th day of December, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner c_ Tim 'Wh s-head, Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner C: Auditor Financial Services Treasurer MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom Action Agenda _ Public Hearing Other DEPARTMENT: Community Services EXT: _260_ COMMISSION MEETING DATE: -6- —A /Z -16-/9 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 10/14/19 BRIEFING PRESENTED BY: Kris Nelsen [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: a public hearing on December 10, 2019 to consider updating Mason County's smoking policy in the Code of Ordinances Title 2 Administration and Personnel Chapter 2 with the addition of vaping free language to be included. Background: State recommendations to update smoking policies to include vaping free areas. RECOMMENDED ACTION: Approval of updates to Code of Ordinance Title 2 Chapter 2 and Chapter 9 Attachment(s): Mason County, Washington, Code of Ordinances Title 2 Chapter 2 (Attachment A) and Chapter 9 (Attachment B). C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRKZ80DT\CA Smoking Ordinance 11-19-19.doc Attachment A Chapter 2.104 SMOKING POLICY 2.104.010 Non-smoking areas designated. 2.1 04.020 Public areas and county property defined. 2. 104.030 Posting of signs and removal of ashtrays. 2.104.040 Violation--Penalty. 2.104.050 Interpretation. 2.104.010 Non-smoking areas designated. (a) All public areas within buildings and vehicles owned or leased by the county are designated as smoking and vaping free areas. (b) All owned, leased, or operated county property is designated as smoking and vaping free areas. (Ord. 91-06 Att. A (part), 2006). (a) The term 'smoking"will be defined in accordance with RCW Chapter 70.160 as (1) "Smoke"or"Smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any other lighted smoking equipment. (b) The term "vape"or"vaping"will be defined for the purpose of this chapter as inhaling or exhaling the vapor produced by any noncombustible product that may contain nicotine or a marijuana product and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. 2.104.020 Public areas and county property defined. (a) The term "public areas" is defined for the purpose of this chapter, but not limited to: all hallways, conference rooms, elevators, restrooms, lobbies, stairwells, reception areas, and any other areas which are 1) open to the public or 2) areas which employees are required to pass through during the course of employment. (Ord. 30-87 § 2, 1987; Ord. 23-06 §, 2006). (b) The term "county property" is defined as the grounds and parking lots surrounding county buildings (including a presumptively reasonable minimum distance of 25 feet from doors, windows that open, and ventilation intakes), the fairgrounds, and all county parks. County property does not include: (1) Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2) County roads; (3) Any person passing by or through county property while on a public sidewalk or public right of way has not intentionally violated this chapter. (Ord. 91-06 Att. A (part), 2006). 2.104.030 Posting of signs and removal of ashtrays. C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRKZ80DT\CA Smoking Ordinance 1 I-19-19.doc The department of Facilities and Grounds shall post and maintain no-smoking and no- vaping signs in all public areas and county property as defined herein, and remove ashtrays from those public areas. (Ord. 91-06 Att. A (part), 2006). 2.104.040 Violation--Penalty. (a) Pursuant to RCW 70.160.070--Intentional Violators, any person intentionally violating this policy by smoking or vaping in a public place, place of employment, or within 25 feet of doors, windows that open and ventilation intakes or any person removing, defacing or destroying a sign required by this policy is subject to a civil fine of up to one hundred dollars ($100). The county sheriff's department shall enforce this policy by issuing a notice of civil infraction to be assessed in the same manner as traffic infractions. (b) All county employees shall be encouraged to help educate the public about the non-smoking policy by reminding violators not to smoke or vape on the property and by adding the policy to all use agreements and event publications. Violators, who refuse to comply with the smoking and vaping policy, may be asked to leave the county property. (c) The appropriate department director or elected official shall be responsible for educating employees about the non-smoking and non-vaping policy and shall resolve intentional employee violations of the policy through disciplinary action. (Ord. 91-06 Att. A (part), 2006). 2.104.050 Interpretation. This chapter shall be interpreted in a manner that is consistent with RCW Chapter 70.160, Washington Clean Indoor Air Act, prohibiting smoking in all public places and places of employment. (Ord. 91-06 Att. A (part), 2006). Attachment B Chapter 9.44 - COUNTY-OWNED REAL PROPERTY, INCLUDING PARKS AND PROPERTY HELD IN TRUST Footnotes: --- (2) --- Editor's note— Ord. No. 79-19, Att. A, adopted Aug. 20, 2019, amended ch. 9.44 and in so doing changed the title of said chapter, as set out herein. 9.44.010 - Speed of motor vehicles. No person shall drive a motor vehicle within any county park, on owned real property, or property held in trust at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property or wildlife: (1) Provided, however, that in no event shall a vehicle be driven at a speed greater than ten miles per hour in a park, county-owned real property or property held in trust, or areas of general public assemblage, or in parking lots; (2) And, provided further, that it shall be a misdemeanor to operate any motor vehicle in any planted area. C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRKZ80DT\CA Smoking Ordinance 11-19-19.doc (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.020 - Parking of motor vehicles, trailers, etc. (a) No operator of any automobile, trailer, camper or other vehicle, shall park such vehicle in any county park, county-owned real property, or property held in trust, except where the operator is using the area for a designated recreational purpose and the vehicle is parked in a designated parking area, or in another area with the permission of the manager or park supervisor. (b) No person shall park, leave standing or abandon a vehicle in any county park, county-owned real property, or property held in trust overnight or in a "no parking" zone, except with permission from a county manager/director or park supervisor. (c) Any unauthorized vehicle found parked in violation of subsections (a) or (b) of this section may be towed away at the owner's or operator's expense. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.030 - Consumption of alcoholic beverages. Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages in any county park, on county-owned real property, or property held in trust shall be prohibited except in the following designated areas and under the following circumstances: (1) In any buildings leased or rented or in a designated signed area, wherein the lessee has obtained and displays the proper permits from the Washington State Liquor Control Board. (2) Park hosts are permitted to possess and consume alcoholic beverages inside their recreational vehicle or residence. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.040 - Intoxication in county parks, county-owned real property or property held in trust. Being or remaining in, or loitering about in any county park area, on any county-owned real property, or property held in trust while in a state of intoxication shall be prohibited. (1) Park hosts shall not be intoxicated while performing their park host duties. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.041 - Tobacco and Vape free zone in county parks, owned real property, or property held in trust. All county property, including county parks, county-owned real property or property held in trust, shall be designated tobacco and vape free areas. County property does not include: (1) Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2) County roads; (3) Any person passing by or through county property while on a public sidewalk or public right-of-way has not intentionally violated this chapter. (4) Park host-owned recreational vehicle. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.042 - No tobacco sales, advertising, sampling or sponsorship. C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRKZ80DT\CA Smoking Ordinance 11-19-19.doc (a) The sale of tobacco or vapor products, or tobacco or vapor related merchandise is prohibited on county-owned or leased property or during county sponsored events. (b) Advertising tobacco products is prohibited on county-owned or leased property or during county sponsored events. (c) Sampling (free distribution) of tobacco or vapor products, or tobacco or vapor related merchandise is prohibited on county-owned or leased property or during county sponsored events. (d) Tobacco or vape sponsorship (compensation or promotional items) is prohibited on county-owned or leased property or during county sponsored events. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.050 - Parks, county-owned real property operation and property held in trust periods. The county shall establish for each county park areas, according to existing conditions, times and periods when it will be open (usually dawn) or closed (usually dusk) to the public. Such times and periods shall be posted at the entrance to the area affected and at the facility office. No person shall enter or be present in a county park area after closing time except with specific permission of the park manager, or a county parks employee. County-owned real property and property held in trust shall be closed before and after normal business hours, on weekends and holiday while county operations are closed. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.060 - Fireworks—Restricted. (a) No person shall possess, discharge, set off or cause to be discharged, in or into any county parks area, county-owned real property, or property held in trust, any firecrackers, torpedoes, rockets, fireworks, explosives or substance harmful to the life or safety of persons or property. (b) Provided, however, that fireworks may be permitted as a part of a professionally conducted display by competent, licensed, bonded pyro technicians, subject to the approval of the local fire district and the county fire marshal. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.070 - Rubbish—Deposit in parks, county-owned real property or property held in trust—Prohibited. (a) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish, in a county park area, on county-owned real property, or on property held in trust except in a garbage can or other receptacle designed for such purpose. (b) No person shall deposit any household or commercial garbage, refuse, waste or rubbish, which is brought as such from any private property, in any county park area, county-owned real property, or property held in trust garbage can designed for such purpose. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.080 - Sanitation. No person shall, in any county park area, on county-owned real property or property held in trust: C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FRKZ80DT\CA Smoking Ordinance 11-19-19.doc (1) Drain or dump refuse or waste from any trailer, camper, automobile or other vehicle, except in designated disposal areas or receptacles; (2) Clean fish or other food, or wash any clothing or other article for personal household use or any dog or other animal, except at designated areas; (3) Clean or wash any automobile or other vehicle; (4) Pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human or animal bodily waste, the soil, any stream, river, lake or other body of water running in, or adjacent to, any county park area, county-owned real property, or property held in trust. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.090 - Firearms and/or other weapons. No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park area, on county-owned real property or property held in trust, nor shall any person discharge or propel across, in or into any county park area, county- owned real property, or property held in trust, a firearm, bow and arrow, spear, spear gun, harpoon or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the county for good cause has authorized a special recreational activity upon finding that it is not inconsistent with county parks, county-owned real property, or property held in trust use. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.100 - Dogs on leashes—Horses. (a) No person shall bring a dog into any county park, county-owned real property, or property held in trust unless the dog is controlled by means of a hand-held leash no longer than six feet. The dog must not be tied and abandoned, but must be at all times under the personal control of the person bringing it to the county parks, county-owned real property, or property held in trust. Provided, however, with the exception of service animals (dogs) for the handicapped. (b) Provided further, no person shall bring a horse into county park areas, county-owned real property, or property held in trust except those areas specifically developed and posted for horse use. Provided, however, with the exception of service animals (miniature horse) for the handicapped. (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). 9.44.110 - Violation—Penalties. (a) All county employees shall be encouraged to help educate the public about the tobacco and vape free zone policies in this chapter by reminding violators not to use tobacco or vape products on the property and by adding the guidelines to all use agreements and event publications. Violators, who refuse to comply with the tobacco and vape free zone policies, may be asked to leave the county park, county-owned real property, or property held in trust area. (b) In addition to the penalty provided in any other existing or future ordinance of the county, failure to comply with this chapter, or any other rule or regulation of the county parks, county-owned real property, property held in trust or with any other federal, state, or local law, rule, regulation applicable under the circumstances, shall subject the person so failing to comply to ejection from any county park area, county-owned real property, or property held in trust shall be guilty of a misdemeanor trespassing in the second degree (RCW 9A.52.080). C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FR KZ80DT\CA Smoking Ordinance 11-19-19.doc (Ord. No. 79-19, Att. A, 8-20-2019; Ord. 91-06 Att. B (part), 2006). C:\Users\MDrewry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRKZ80DT\CA Smoking Ordinance 11-19-19.doc