HomeMy WebLinkAbout2020/02/24 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of February 24, 2020
Monday, February 24, 2020
Commission Chambers
9:00 A.M. Support Services — Frank Pinter
10:00 A.M. Coroner—Wes Stockwell
10:10 A.M. Community Services — Dave Windom
10:30 A.M. BREAK
10:35 A.M. Public Works — Loretta Swanson
Utilities & Waste Management
11:00 A.M. Sheriff's Office
Commissioner Discussion — as needed
BREAK— NOON
1:00 P.M. Motor Pool Training — Frank Pinter/Kelly Frazier
This is not a briefing and the Commissioners may or may not attend. This is
notification, in compliance with the Open Public Meetings Act.
2:30 P.M. Support Services/Public Works — ER&R
Transition of vehicle fleet
Commissioner Discussion — as needed
Monday, February 24, 2020
Commission Chambers
SPECIAL JOINT MEETING
6:00 P.M. Joint meeting with Planning Advisory Commission
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 02/20/20 at 11:47 AM
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
February 24, 2020
In the spirit of public information and inclusion, the attached is a draft of
information for Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion and is not all
inclusive of what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
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1854
Mason County Support Services Department Budget Management
Commissioner Administration
411 North 5th Street
Emergency Management
Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
Labor Relations
r,1 Risk Management
........... __......................
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
February 24, 2020
• Specific Items for Review
o Cancel Resolution 106-19 Imprest Checking Account for Spencer Lake LIVID— Diane
o Budget for grant writer in Non-Departmental (current bill $2,324.20) — Diane
o March 31 is 5th Tuesday— hold meeting in Belfair?— Diane (suggested agenda topics: TIP CAP is
requesting 20 minutes; update Belfair Sewer Extension Project and general Belfair sewer plan
update, introduce Richard Dickinson)
o January Financial Statements—Jenn
o Status of CDBG Microenterprise Loan Program -Jenn
0 2020 Community Development Block Grant application for 2020-2021 grant period -Jenn
o Update on transition to Motor Pool — Frank
o Status of Veteran's request for firewood - Frank
• Commissioner Discussion
J:\DLZ\Briefing Items\2020\2020-02-24.docx
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES: N/A
ITEM: Mason County Monthly Financial Report: January 2020
EXECUTIVE SUMMARY: Review of Cash Balances, and Current Expense Revenues and
Expenditures through January 2020.
BUDGET IMPACTS: N/A
RECOMMENDED OR REQUESTED ACTION: N/A
ATTACHMENTS: Mason County Monthly Financial Report: January 2020
J:\Budget Office\Briefing, Agenda, &Public Hearing Items\2020\13riefmg Summary 2.25.2020-January 2020
Financial Report.doc
*yoN copNrA JANUARY
MASON COUNTY MONTHLY
FINANCIAL REPORT 2020
J:\Financials\2020 Financials\2020 January Financial Report 1
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MASON COUNTY MONTHLY
FINANCIAL REPORT � � Y 2®2®
2019 vs 2020 Current Expense Revenue Comparison
Revenue Revenue
Collected % Collected Actual dif 2019
Department Name 2019 Budget Through End of Uncollected 2019 2020 Budget Through End of Uncollected %2020 vs 2020
Month Revenue Month Revenue
WSU Extension $ 15,440 $ 8,000 $ (7,440) 52% $ 19,000 $ - $ (19,000) 0% $ (8,000)
Assessor 6,000 1 (5,999) 0% 7,000 32 (6,968) 0% 31
Auditor 744,371 69,201 $ (675,170) 9% 1,029,190 49,510 $ (979,680) 5% (19,691)
Emergency Management 83,207 - (83,207) 0% 64,648 - (64,648) 0% -
Facilities&Grounds - 100 $ 100 0% - 100 $ 100 0%
Human Resources - - - 0% - - - 0% -
Clerk 307,805 17,205 $ (290,600) 6% 328,058 627 $ (327,431) 0% (16,578)
Commissioners 824 - (824) 0% - - - 0% -
Support Services 700 - $ (700) 0% 700 66 $ (634) 9% 66
District Court 893,787 79,692 (814,095) 9% 978,652 85,499 (893,153) 9% 5,807
Community Development 1,667,810 112,889 $ (1,554,921) 7% 1,790,810 182,431 $ (1,608,379) 10% 69,542
Parks&Trails 42,200 5,993 (36,207) 14% 44,000 9,332 (34,668) 21% 3,339
Juvenile Court Services 1,026,628 82,311 $ (944,317) 8% 1,161,972 76,376 $ (1,085,596) 7% (5,935)
Prosecutor 182,232 7,462 (174,770) 4% 192,951 14,076 (178,875) 7% 6,614
Child Support Enforcement 206,367 - $ (206,367) 0% 209,515 29,280 $ (180,235) 14% 29,280
Coroner 39,000 - (39,000) 0% 35,000 - (35,000) 0% -
Sheriff 1,147,619 88,625 $ (1,058,994) 8% 1,017,443 64,384 $ (953,059) 6% (24,241)
Indigent Defense 204,767 61,988 (142,779) 30% 204,767 61,730 (143,037) 30% (258)
Superior Court 48,550 3,269 $ (45,281) 7% 68,927 318 $ (68,609) 0% (2,951)
Family Court 2,500 104 (2,396) 4% 2,500 128 (2,372) 5% 24
Therapeutic Court 349,648 4,204 $ (345,444) 1% 610,884 4,094 $ (606,790) 1% (110)
Murder Expenditures - - - 0% - - - 0% -
Treasurer 24,726,117 987,385 $ (23,738,732) 4% 26,348,450 1,064,132 $ (25,284,318) 4% 76,747
Indirect Payments from Other Funds 3,922,058 143,054 (3,779,004) 4% 3,829,804 119,127 (3,710,677) 3% (23,927)
Totals $ 35,617,630 $ 1,671,482 $ (33,946,148) 5% $ 37,944,271 $ 11761,241 $ (36,183,030) 5% $ 89,759
Unaudited *Benchmark for Month is 8.33%
J:\Financials\2020 Financials\2020 January Financial Report 2
�Pao� c��NTA MASON COUNTY MONTHLY J .NfU A Ry
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FINANCIAL REPORT 2020
Treasurer Department Receipts
Treasurer#001-260-000 2019 Budget 2019 YTD This Month %2019 2020 Budget 2020 YTD This Month %2020
REAL&PERSONAL PROPERTY TAXES 10,169,566 47,876 (9,643,145) 0% 10,383,385 28,826 (9,924,361) 0%
SALES TAX TITLE PROPERTY - - (1,691) 0% - - (7,547) 0%
LOCAL RETAIL SALES&USE TAX 5,225,000 417,708 (5,070,003) 8% 6,000,000 455,734 (5,606,954) 8%
LOCAL PUBLIC SAFETY-CITY 37,000 3,734 (37,292) 10% 37,000 3,980 (47,397) 11%
CRIMINALJUSTICE 600,000 54,140 (617,428) 9% 600,000 58,651 (714,307) 10%
LEASEHOLD EXCISE TAX 35,000 2 (31,126) 0% 35,000 - (27,622) 0%
FOREST EXCISE TAX - - (454,762) 0% 225,000 - (461,030) 0%
FRANCHISE FEES 510,000 77,607 (434,864) 15% 520,000 77,507 (431,895) 15%
PAYMENT IN LIEU OF TAX/B OF L 275,000 - (431,129) 0% 289,000 - (288,550) 0%
PUD PRIVILEGE TAX 700,000 (734,620) 0% 725,000 (723,453) 0%
DNR OTHER TRUST 2 100 (151) 0% 100 (288) 0%
CITY-COUNTY ASSISTANCE 1,362,676 (1,449,581) 0% 1,415,000 (1,554,929) 0%
DNR PILT NAP/NRCA 4,000 - (3,886) 0% 4,000 - (4,002) 0%
CRIMINALJUSTICE-COUNTIES 680,000 165,332 (499,808) 24% 680,000 185,157 (515,863) 27%
ADULT COURT COST-JUVENILE OFFE 5,000 384 (4,348) 8% 5,000 412 (4,361) 8%
CRIMINAL JST-MARIJUANA ENFORCE 85,000 - (109,326) 0% 85,000 - (83,520) 0%
DUI-OTHER CRIMINALJUSTICE A 15,400 3,670 (11,412) 24% 15,400 3,606 (10,946) 23%
LIQUOR/BEER EXCISE TAX 116,920 28,048 (185,094) 24% 116,920 - (123,519) 0%
LIQUOR CONTROL BOARD PROFITS 205,000 - (101,363) 0% 205,000 29,996 (170,814) 15%
IN LIEU OF-CITY OF TACOMA 175,000 15,975 (191,240) 9% 190,000 15,975 (182,496) 8%
TREASURER'S FEES - - 0 0% - 8 0%
PAYMNT FOR SRVCS-MASON LK DIST 475 (500) 0% 475 - (573) 0%
PAYMNT FOR SRVCS-ISLAND LK FND 100 (120) 0% 120 (120) 0%
CHARGES FOR SRVCS-MACECOM 1,400 - (1,396) 0% 1,300 - (1,316) 0%
RETURNED REMITTANCE(NSF)FEES 2,400 160 (2,600) 7% 2,400 40 (2,560) 2%
REET COLLECTION FEES 100,000 6,794 (111,192) 7% 100,000 5,405 (118,512) 5%
REET COLLECTIONS COSTS 9,000 570 (8,721) 6% 9,000 710 (8,455) 8%
TREAS.FIRE PROTECTION ASSESSM 15,000 110 (14,940) 1% 15,000 60 (14,982) 0%
3
Treasurer Department Receipts
Treasurer#001-260-000 2019 Budget 2019 YTD This Month %2019 2020 Budget 2020 YTD This Month %2020
TREAS OTHER WORD PROCESSING 400 27 (591) 0% 575 35 (396) 6%
PUBLIC DISCLOSURE CHGS SRVCS 10 - 0 0% 5 - (106) 0%
DATA PROCESSING SERVICES 2,000 1,100 (700) 55% - (1,601) 0%
GAMBLING TAX PENALTY - 50 (1,078) 0% - - (728) 0%
REAL&PERSONAL PENALTY 23,907 (48,464) 0% 350,000 17,832 (309,174) 0%
PERSONAL PROP FILING PEN - 343 (19,817) 0% 5,000 437 (21,567) 0%
PENALTY ON REAL&PERSONAL PRO 350,000 12,034 (228,125) 3% - 4,026 3,491 0%
FAILURE TO LIST PERSONAL PROP 5,000 1,547 (1,683) 31% - - (2,334) 0%
INTEREST&OTHER EARNINGS 600,000 73,326 (597,227) 12% 800,000 70,188 (812,363) 9%
INVESTMENT SERVICEFEES(TREAS. 24,000 2,149 (22,794) 9% 25,000 1,831 (23,953) 7%
INT.ON CONT.NOTES-ACCTS.HELD,S 8,500 1,512 (10,857) 18% 8,500 1,352 (20,291) 16%
LEASEHOLD EXCISE TAX INTEREST - - (5) 0% - - (13) 0%
EXCISE INTEREST 50 5 (131) 0% 50 3 (141) 5%
INV PURCHASED INT - (524) 12,927 0% - - 2,517 0%
INTEREST ON DELINQUENT PR TAX 650,000 44,926 (548,641) 7% 650,000 26,358 (568,861) 4%
RENTS/LEASES-DNR TRUST 500,000 2,828 (13,167) 1% 1,000 2,741 (16,376) 274%
RENTS/LEASES-DNR TMBR TRUST 1 - - (913,518) 0% 500,000 54,132 (543,468) 0%
UNCLAIMED MONEY/PROCEEDS-SALES - - (27,247) 0% 60,000 - (104,516) 0%
TREASURER TAX FORECLOSURE TRUST 32,000 - 0 0% 64,000 - 0 0%
CASH ADJUSTMENTS/OVER-UNDER 10 (36) 427 -358% 20 (1) 667 -5%
TAX DISTRIBUTION ROUNDING 10 - 2 0% - - 0 0%
MISCELLANEOUS-OTHER REVENUE - - (443) 0% 100 - (108) 0%
ROAD DIVERSION 2,160,000 5,216 (2,158,801) 0% 2,160,000 5,690 (2,162,734) 0%
SALE OF TAX TITLE PROPERTY - - 0 0% - - (1,514) 0%
LEASEHOLD EXCISE TAX 5,000 (1,975) (3,950) -39% 5,000 (1,985) 0%
TIMBER EXCISE TAX 53,000 - 0 0% 53,000 0 0%
DNR OTHER TRUST 2 50 0 0% 50 - (955) 0%
OTHER INT-DNR INTEREST 50 (4) (8) 0% 50 2 (1) 3%
RENTS&LEASES/DNR OTHR TRST 1 .',500 (1,157) (2,989) -46% 2,500 13,440 7,020 538%
SPACE AND FACILITIES LEASES 4,500 0 0% 4,500 0 0%
Grand Total $24,726,117 $987,385 -$24,738,615 4% $26,348,450 $1,064,132 -$25,609,863 4%
Unaudited *Benchmark for Month is 8.33%
4
MASON COUNTY MONTHLY FINANCIAL JARUARIv
2®2®
REPORT
2019 vs 2020 Expenditure Comparison for Current Expense
Expenditures Expenditures Unexended
a dif
Department Name 2019 Budget through End of Unexended %2019 2020 Budget through End of Budget %2020
2019 vs 2020
Month Budget Authority Month Authority
WSU Extension 253,099 $ 13,541 $ 239,558 5% 289,539 $ 15,266 $ 274,273 5% 1,724
Assessor 1,331,923 91,932 1,239,991 7% 1,431,829 103,099 1,328,730 7% 11,167
Auditor 1,292,627 103,479 1,189,148 89/. 1,562,467 119,821 1,442,646 8% 16,341
Emergency Management 210,625 15,094 195,531 7% 231,362 12,719 218,643 5% (2,375)
Facilities&Grounds 1,178,309 112,233 1,066,076 10% 1,261,412 92,878 1,168,535 7% 19,355)
HR/Risk Mngt 733,422 54,134 679,288 7% 587,483 41,022 546,461 7% 1 (13,112)
LEOFF 65,600 7,758 57,842 12% 100,044 9,060 90,984 9% 1,302
Clerk 966,124 77,742 888,382 8% 1,031,143 83,275 947,868 8% 5,533
Commissioners 356,512 26,779 329,733 8% 348,669 28,149 320,520 8% 1,371
Support Services 521,144 41,866 479,278 8% 706,210 57,329 648,881 8% 15,464
District Court 1,251,752 88,415 1,163,337 7% 1,289,657 88,279 1,201,378 7% (136)
Community Development 2,121,447 138,886 1,982,561 7% 2,254,222 168,044 2,086,178 7% 29,158
Parks&Trails 489,171 32,382 456,789 7% 546,795 26,075 520,720 5% (6,307)
Juvenile Court Services 1,862,478 133,183 1,729,295 7% 1,934,750 147,254 1,787,496 8% 14,071
Prosecutor 1,605,792 108,069 1,497,723 7% 1,664,147 117,097 1,547,050 7% 9,027
Child Support Enforcement 208,475 14,733 193,742 7% 209,515 14,836 194,679 7% 103
Coroner 308,955 27,342 281,613 9% 321,934 16,659 305,275 5% (10,683)
Sheriff 10,638,116 874,238 9,763,878 8% 10,676,102 877,917 9,798,185 8% 3,679
Traffic Policing 2,159,999 180,351 1,979,648 8% 2,597,217 187,879 2,409,338 7% 7,528
Courthouse Security 170,740 12,391 158,349 7% 170,740 12,955 157,785 8% 564
Indigent Defense 1,002,934 77,667 925,267 8% 1,123,875 98,782 1,025,093 9% 21,115
Superior Court 879,239 69,550 809,689 8% 980,806 69,751 911,055 7% 201
Family Court 2,500 - 2,500 0% 2,500 - 2,500 0% 0
Therapeutic Court 348,845 24,064 324,781 7% 614,669 48,074 566,595 8% 24,010
Murder Expenditures 50,000 3,848 46,152 8% 50,000 - 50,000 0% (3,848)
Treasurer 805,904 68,938 736,966 9% 821,533 71,677 749,856 9% 2,739
Non Departmental 3,983,629 299,014 3,684,615 8% 4,202,036 282,802 3,919,234 7% (16,212)
Transfers Out to Other Funds 818,269 - 818,269 0% 913,913 67,135 846,778 7% 67,135
Totals $ 35,617,630 $ 2,697,629 $ 32,920,001 8% $ 37,924,569 $ 2,857,835 $35,066,734 8% 160,206
Unaudited •Benchmark r Month is 8.33%
J:\Financials\2020 Financials\2020 January Financial Report 5
y
iiZ.Y JANUARY 2020
Six Year Current Expense Specific Revenue Streams Comparison
1/31/2015 1/31/2016 11 1/31/2017 11 1/31/2018 1/31/2019 1/31/2020
Community Development Revenues 94,450 170,588 116,153 129,940 112,889 182,431
Detention &Correction Services 62,377 14,502 9,166 1,688 13,318 10,195
Current Expense Property Taxes 54,609 62,339 47,020 39,770 47,876 28,826
Road Diversion Property Tax 6,565 8,903 5,046 5,864 5,216 5,690
County Road Property Tax 49,495 53,487 29,343 31,788 43,751 24,034
Current Expense Sales Tax 307,594 290,725 359,736 372,449 417,708 455,734
Criminal Justice Taxes/Entitlements 204,852 213,147 221,248 218,020 223,526 247,826
Rural Sales & Use Tax Fund 37,766 39,557 47,790 49,251 57,341 62,108
100,000
50,000
Com Srvcs-Homelessess Preven Filings 24,985 26,465 32,292 33,135 49,211 59,838
100,000 - --
50,000 -
Lodging (Hotel/Motel)Tax 13,127 24,818 15,420 19,031 30,095 31,314
50,000
25000
REET 1 Excise Tax Only 25,363 31,954 76,648 74,533 70,082 61,781
REET 2 Excise Tax Only 25,363 31,954 76,648 74,533 70,082 61,781
10D,000
50.000 --7_- -_-
J:\Financials\2020 Financials\2020 January Financial Report 6
JANUARY
MASON COUNTY MONTHLY
FINANCIAL REPORT 2®20
REVENUE MONTH 12019 REVENUE 1 2020 REVENUE DIFFERENCE
JANUARY $ 417,707.75 $ 455,733.71 $ 38,025.96
FEBRUARY $ 522,335.70 $ (522,335.70)
MARCH $ 415,075.81 $ (415,075.81)
APRIL $ 367,492.05 $ (367,492.05)
MAY $ 530,280.53 $ (530,280.53)
JUNE $ 489,373.95 $ (489,373.95)
JULY $ 517,176.50 $ (517,176.50)
AUGUST $ 614,829.65 $ (614,829.65)
SEPTEMBER $ 576,324.52 $ (576,324.52)
OCTOBER $ 539,794.06 $ (539,794.06)
NOVEMBER $ 573,194.27 $ (573,194.27)
DECEMBER $ 499,103.12 $ (499,103.12)
TOTAL COLLECTED REVENUE $ 6,062,687.91 $ 455,733.71 Projected END OF YEAR REVENUE
REVENUE BUDGETED $ 5,225,000.00 $ 6,000,000.00 $ 6,038,025.96
Yet to be Collected $ (5,5447266.29)
ANTICIPATED INCREASE $ 38,025.96
12 MONTH ROLLING AVERAGE CHANGE 10.6916
PRIOR MONTH 12 MO. ROLLING AVG CHANGE 10.7%
J:\Financials\2020 Financials\2020 January Financial Report 7
a�'r�oN -CaO*TA
JANUARY 2020
Six Year Financial i
Current Expense Recap 1/31/2015 1/31/2016 1/31/2017 1/31/2018 1/31/2019 1/31/2020
Account Receivable from Belfair Sewer 1,200,000
General Fund Operating Reserves 6,520,791 6,817,603
Contingency Reserve 1,000,000 1,000,000
Technology Replacement Reserves 200,000 200,000
Equipment&Vehicle Replacement Reserves 525,000 525,000
Accrued Leave Reserve 520,000 530,805
Current Expense Unreserved Cash (1,832,241) 1,989,739
This Month Current Expense Cash $ 7,638,423 $ 5,489,924 $ 2,606,953 $ 3,182,309 $ 6,933,550 $ 11,063,147
Adopted Budget on December 31st 36,198,316 40,787,973 38,545,163 36,930,990 41,404,349 49,581,229
Supplemental Appropriations - - - - - -
Total Budget including Supplementals $ 36,198,316 $ 40,787,973 $ 38,545,163 $ 36,930,990 $ 41,404,349 $ 49,581,229
Budgeted Beginning Fund Balance 7,234,903 8,019,728 7,309,944 3,061,750 5,786,719 11,636,958
Budgeted Ending Fund Balance 4,315,462 3,219,132 4,482,808 3,261,456 5,786,719 11,656,660
Revenue Budgets 28,649,671 33,632,301 32,398,445 33,869,240 35,617,630 37,944,271
Revenues thru This Month of each year 1,598,279 1,528,258 1,583,616 1,597,136 1,671,482 1,761,241
Budgeted Revenues Received 6% 5% 5% 5% 5% 5%
Expenditure Budgets 31,882,854 38,534,111 35,261,269 33,669,534 34,721,442 37,924,569
Expenditures thru This Month of each year 2,119,551 2,917,509 2,480,642 2,936,212 2,697,629 2,857,835
Budgeted Expenditures Expended 7% 8% 7% 9% 8% 8%
J:\Financials\2020 Financials\2020 January Financial Report 8
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y JANUARY 212®
Special Fund Cash Balances 1/31/2015 1/31/2016 1/31/2017 1/31/2018 1/31/2019 1/31/2020
Rural County Sales&Use Tax Fund(.09) $ 518,088 $ 552,304 $ 93,230 $ 80,354 $ 727,759 $ 803,219
Auditor's 0&M 359,886 259,891 191,829 223,673 238,532 257,577
County Roads Fund 5,228,879 7,992,909 10,136,500 9,684,451 10,267,705 10,057,716
Paths&Trails 209,707 221,201 233,366 246,460 258,404 271,959
Election Equipment Holding 202,885 237,623 262,036 295,933 164,717 162,418
Crime Victims 249,661 238,615 212,552 238,338 197,430 204,416
Victim Witness Activities 68,198 80,688 89,194 26,740 24,415 32,594
Historical Preservation Fund 78,829 52,288 38,857 38,494 35,851 29,691
Community Support Services Fund 508,381 434,810 338,784 543,657 769,308 858,917
Abatement/Repair/Demolition Fund 265,714 264,273 266,582 269,759 273,982 278,603
Reserve for Technology Fund 49,141 16,516 101,970 160,809 117,147 -
REET&Property Tax Admin Asst 54,762 55,000 73,049 85,840 74,842 74,072
National Forest Safety 50,023 66,173 63,080 34,048 39,520 25,186
Trial Court Improvement Fund 80,782 46,150 68,819 83,082 106,283 111,561
Sheriff Special Funds 253,865 267,327 270,492 249,259 241,323 246,597
Public Health Fund 482,053 345,778 526,646 358,051 351,485 561,304
Law Library 85,320 82,646 82,776 81,376 75,692 70,213
Lodging Motel/Hotel)Tax Fund 332,234 373,365 359,134 397,769 582,938 757,681
Mental Health Tax Fund 1,005,522 1,280,123 1,478,913 1,287,451 1,324,987 1,243,591
Treasurer's M&O Fund 118,713 120,232 102,506 94,460 86,336 99,651
Veterans Assistance 120,172 120,954 212,452 194,529 75,970 54,940
Skokomish Flood Zone 131,082 109,054 198,281 140,888 53,188 89,486
Mason Lake Management District 59,994 88,616 97,253 112,579 138,253 112,230
Island Lake Management District 5,388 8,910 17,581 17,099 19,750 29,692
Capital Improvement/Reet 1 Fund 1,452,303 840,540 1,575,202 1,189,427 1,831,018 1,897,767
Capital Improvement/Reet 2 Fund 1,395,800 1,738,826 1,515,351 2,204,446 2,457,110 2,868,849
Mason County Landfill 272,272 788,931 750,670 673,341 638,341 678,406
N.Ba /Case Inlet Utility 741,430 787,838 939,560 981,461 1,096,479 1,171,898
N.Ba /Case Inlet Utility Reserve 714 715 717 723 734 0
Wastewater System Development 3,986 3,986 3,986 3,986 3,986 3,986
Rustlewood Sewer&Water 52,330 17,241 343,098 295,198 266,023 137,722
Beards Cove Water 231,940 249,571 272,412 360,435 335,314 481,661
Belfair WW&Water Reclamation 811,528 702,887 455,674 409,578 124,382 308,003
Reserve Landfill 496,436 508,097 510,333 512,820 481,413 460,814
Reserve Beards Cove Ulid 305,118 316,373 328,579 342,809 191,103 201,841
Storm Drain System Development 284,314 232,966 113,746 8,544 188,680 181,567
Information Technology 16,662 234,965 387,256 364,037 231,430 133,444
Equipment Rental&Revolving Fund 4,576,293 5,360,014 3,545,452 3,609,919 4,013,707 3,874,882
Unemployment Fund 109,112 156,355 162,807 151,699 151,682 138,729
Totals $21,269,519 $25,254,748 $26,420,726 $26,053,520 $28,2579217 $28,972,885
J:\Financials\2020 Financials\2020 January Financial Report 9
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES: January 27, 2020
ITEM: CDBG Microenterprise Loan Program
EXECUTIVE SUMMARY: Mason County was awarded a $200k grant from Department of
Commerce for the period 5/20/2019 to 9/1/2020 for the purpose of loaning $75k to low/mid
income individuals to start businesses. The remaining $125k is for outreach by partners and the
sub-recipient, and a small amount for administration. The $75k originally loaned would become
the funding for a future revolving loan program.
Concerns for the County include the following:
• Commerce will only give funds to the County to disperse and payback must be made
directly to the County, meaning that the County needs to become the bank
• Creates a burden on the Auditor, Treasurer, and Support Services in order to account for
disbursement and repayment of loans
• No other counties in WA State have a similar program which is up and running, and
there are many unanswered questions surrounding the management and flow of funds
The Audit Committee and Board of County Commissioners agree that the issues surrounding
this grant create too great a risk from an internal control perspective to take on the
responsibilities that go along with the revolving loan function of this grant.
Department of Commerce may be willing to amend the current grant agreement to remove the
loan portion of this grant and complete only the public outreach. The County must submit the
DOC's Request for Amendment in order for this to be considered.
BUDGET IMPACTS: N/A
RECOMMENDED OR REQUESTED ACTION: Permission for Frank Pinter to sign Department
of Commerce's Request for Amendment
ATTACHMENTS: Request for Amendment
J:\Budget Office\Briefmg, Agenda,&Public Hearing Items\2020\Briefing Summary 2.24.2020-CDBG
Microenterprise Loan.doc
ATTACHMENT 13-A (1)
DEPARTMENT OF COMMERCE
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR AMENDMENT
1. Grantee Name and Address 2. CDBG Contract Number 3. Request Number
18-62210-039 1
Mason County
411 N 5th Street
Shelton, WA 98584
4.Type of Amendment (check all that apply)
❑ Time Extension x❑ Budget Revision x❑ Scope of Work ❑ Special Conditions
5. Explanation (attach additional page if response requires more space or for Supplemental Grant requests)
Amend contract from original budget of$200,000 which included $90,000 for Revolving Loan Program in the
scope of work to amended budget of$110,000 for the Technical Assistance Program scope of work only.
After much deliberation, Mason County has concluded it does not have the proper internal controls & multi-
departmental staff necessary to act/function as a bank for the Revolving Loan Program requirements of this
grant.
6. Amendment Changes
Time Extension Approved End Date Change (#months) Revised End Date
i
CDBG Budget Code Change (+/-)
18c $185,000 $-90,000 i $95,000
21a $15,000 $0 $15,000
i_
Totals $200,000 $-90,000 $110,000
#Housing Units or Jobs Approved #and Type Change (+/-) Revised#and Type
4-6 microloans -4-6 microloans 0 microloans
7.Submitted By (Chief Administrative Official)
Frank Pinter Support Services Director
Name Title
Signature Date
8.Action Taken (COMMERCE USE ONLY) APPROVED DISAPPROVED
Name Title
Signature Date
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kelly Bergh for Jennifer Beierle
DEPARTMENT: Support Services EXT: 644
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES: n/a
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other — please explain
ITEM: 2020 Department of Commerce Public Services Community Development Block Grant
Application for grant period 7/1/2020 — 6/30/2021.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
Mason County coordinates with the Community Action Council of Lewis, Mason, &Thurston
Counties on an annual basis to apply for, receive, and provide services through a Public
Services Community Development Block Grant (PS-CDBG) administered by the Washington
State Department of Commerce (DOC). The DOC prefers that the actual service provision be
done by the local Community Action Council. The grant application, which is due April 81n,
2020 requires a public hearing, input, and participation. The public hearing will serve as a
time to inform citizens of the availability of funds and eligible uses of the state Community
Development Block Grant and receive comments on proposed activities specifically funding
the Community Action Council of Lewis, Mason, &Thurston Counties (CAC), as well as
receive comments on the 2019 program.
BUDGET IMPACT: This project would be fully funded by the CDBG grant
PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community
meetings, etc.)
CDBG application requires Public Hearing notice in the official county newspaper for two
consecutive weeks prior to public hearing.
RECOMMENDED OR REQUESTED ACTION:
Approve the submission of the Public Hearing notice to the Shelton-Mason Journal on
Monday, March 9th to be published on Thursday, March 12th and 19th, in order to allow
adequate time for public notice and meet the CDBG application requirements. The proposed
public hearing date is Tuesday, April 7, 2020 and the CDBG application deadline is
Wednesday, April 8, 2020.
ATTACHMENTS:
Eligible CDBG Public Service Activities
2020 Proposed CDBG Public Service Grant Amounts
Briefing Summary 2/18/2020
ELIGIBLE ACTIVITIES
CDBG eligible activities can be found in the Code of Federal Regulations: Title 24-Housing and Urban
Development, Chapter V, Part 570, C, Section 570.201 on page 40 of this guide. Further definitions
of CDBG eligible public services and specific guidance on housing-related services are also in this
guide.
To be CDBG eligible, the service must meet the following five criteria:
1. Be on HUD's list of public services, or be a substantially similar service and not on the list of
ineligible public services.
2. Be identified as a new service or an increased/improved level of service. See instructions to
this application's Project Description and LMI Benefit Table for definitions.
3. Be directly linked to delivery of a specific service to a client.
4. Principally benefit low- and moderate-income (LMI) persons. See instructions to this
application's Project Description and LMI Benefit Table for more information. The current
Income Limits chart is on the CDBG website under Guidance Materials and LMI is up to 80%
of median household income by family size.
5. Target residents of CDBG non-entitlement areas (outside of CDBG entitlement cities). The
state CDBG program cannot fund activities that benefit residents in CDBG entitlement cities,
since these cities receive CDBG funds directly from HUD. The ineligible CDBG entitlement
cities, located in eligible state CDBG counties are:
Anacortes Longview Walla Walla
Bellingham Mount Vernon Wenatchee
East Wenatchee Pasco Yakima
Kennewick Richland
INELIGIBLE ACTIVITIES
In general, any activity not described above is not eligible. Specifically, Public Services Grants cannot
fund:
1. Activities and administrative costs eligible under another CDBG fund, such as:
• Planning and community organization activities, not directly linked to the delivery of an
eligible public service to a client. Unlike CSBG, CDBG cannot fund general outreach
activities or partnership building activities, unless you can count and report on the clients
receiving a direct service from those activities.
• Housing rehabilitation, including weatherization
• Facility acquisition, construction or renovation
2. Administrative costs for the general management of the organization
3. Lobbying and political activities
4. Direct payments to individuals for their food, clothing, utilities or other income payments. (Income
payments or emergency vouchers paid to a third party for no more than three consecutive months
may be eligible.)
5. New housing construction costs, including administration of new housing development programs
Contact Jeff Hinckle at (360) 725-3060 or jeff.hinckle(a)_commerce.wa.gov if you have any
questions.
2020 CDBG PUBLIC SERVICES GRANT AMOUNTS -proposed
COUNTY SUBRECIPIENT—SERVICE PROVIDER GRANT GRANT TOTAL
(including county
CONTRACT# COMMUNITY ACTION PROGRAM SERVICE AREA
administration)
Asotin
Asotin10-001 Community Action Partnership Asotin $38,673
Benton
Benton10-002 Benton Franklin Community Action Connections Benton, Franklin $66,381
Chelan
Chelan10-003 Chelan-Douglas Community Action Council Chelan, Douglas $61,155
Cowlitz
Cowlit10-004 Lower Columbia Community Action Council Cowlitz, Wahkiakum $69,179
Grant
Opportunities Industrialization Center Adams, Grant $120,684
20-62210-005
Grays Harbor
Grays
Coastal Community Action Program Grays Harbor, Pacific $107,761
Jefferson
20 erson-007 Olympic Community Action Programs Clallam, Jefferson $110,321
Kittitas
20titas -008 HopeSource Kittitas $84,239
Klickitat
20ckitat -009 Washington Gorge Action Programs Klickitat, Skamania $70,845
Mason
20-62210-010 CAC of Lewis, Mason and Thurston Counties Lewis, Mason $102,225
Okanogan
Okano 10-011 Okanogan County Community Action Council Okanogan $84,171
Skagit
Skagit10-012 Community Action of Skagit County Skagit $62,168
Stevens Rural Resources Community Action Ferry, Lincoln, Pend $90,685
20-62210-013 Oreille, Stevens
Walla Walla Blue Mountain Action Council Columbia, Garfield, $44,475
20-62210-014 Walla Walla
Whatcom Island San Juan
20-62210-015 Opportunity Council Whatcom $131 227
Whitman
Whitm10-016 Community Action Center Whitman $100,203
Yakima
20-62210-017 Northwest Community Action Center Yakima $155,608
TOTAL $1,500,000
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Frank Pinter
DEPARTMENT: Support Services EXT: 530
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new
information
ITEM: Status of transition to Motor Pool
EXECUTIVE SUMMARY:
Resolution 2020-07 adopted on 1/21/20 stated the transition from Equipment Rental & Revolving (ER&R) will
be finalized by 3/31/20 and we are on target to meet this deadline.
Staff training is scheduled on February 24 and February 26. Please see FAQ that will be included in the
training packet.
Request to place the following documents on the March 3 Action Agenda:
1) Motor Pool Procedures and Motor Pool User Agreement
2) Amendments to Personnel Policy Chapter 13 —Vehicle Use Policy to update for new process
3) Resolution authorizing Support Services to pay the Enterprise Fleet Management bill from the various
departmental budgets
4) Resolution authorizing the use of ER&R services by other County departments and governmental
agencies
RECOMMENDED OR REQUESTED ACTION:
Place the above documents on the March 3 Action Agenda
Briefing Summary 2/20/2020
COUNTY MOTOR POOL USE PROCEDURES
L SCOPE
All elected officials,department heads,division supervisors,employees and volunteers who use
Mason County Motorpool vehicles for County business and purposes shall follow these
procedures and the Personnel Policy, Section 13.Vehicle Use Policy.
IL PURPOSE
County vehicles shall be operated in a safe manner consistent with local, state and federal laws. All
accidents must be reported promptly according to the procedures outlined in the Accident Reporting
Policy Form 13.24 and 13.30.Use of County vehicles shall be limited to County business and purposes.
Failure to comply with the provisions of this policy may result in actions to include; driver
improvement programs,disqualification or suspension of driving privileges and discipline up to
and including termination.
M PROCEDURES
A. RESPONSIBILITIES
1. The Support Services Director is responsible for implementing these procedures.
2. Elected Officials/Department Heads shall:
a. Have discretion for authorization and/or removal of driving privileges for
employee use of County vehicles used for County business,purpose or travel.
b. Ensure that all employees within his/her department who drive vehicles for County
business and purposes are provided a copy of this policy and procedures.A copy of
which will be filed in the employee's Personnel File
C. Ensure employees do not operate a vehicle for County business and purposes until
he/she has signed the acknowledgement of receipt form. (Attachment A). A copy of
which will be filed in the employee's Personnel File.
d. Ensure all statements of acknowledgement; copies of authorized employee valid
driver's licenses of proper class and proof of insurance are kept on file in the Risk
Management Department and are kept confidential.
e. Ensure that all damage to Motorpool vehicles are reported to the Motor
Pool Manager and Risk Management Department immediately and
ensure all incidents / accidents and damage to County Motorpool
vehicles are reported to the elected official/department head.
3. Vehicle Fueling
a. Fueling is through WEX,a system that works with Enterprise.It can be used at most
gas stations, available stations are listed on the card. The WEX card belongs in the
vehicle, please keep it there in the folder provided. The operator will use a PIN
assigned to the operator with the WEX card.This PIN is confidential and should not
be divulged to anyone but the operator. The operator will enter the vehicle number
and the mileage when the pump asks for it in order for the pump to dispense fuel.
Page 1 of 2
COUNTYMOTOR POOL USE PROCEDURES
B. VESICLE MAINTENANCE
1. Each vehicle will have a Maintenance Card(1VIlV1X)assigned to it In case of an emergency,contact
Motor Pool Manager. The Motor Pool Manager will make appropriate arrangements with the
Enterprise Maintenance Program to service the vehicle.
2. Notification to the Motor Pool Management, of basic unanticipated repair needs for the
vehicle, via a repair ticket, will be your responsibility. A request for a repair ticket can be
completed at;
htta•//helpdesk.mason.local/tickets/index.php
3. Please load this address onto your computer or laptop.Create an account for yourself;it will
then track your requests and make it easier each time you login.
Process to login:
• Login in
• "Open a New Ticket"
• Select a Help Topic---Motorpool
• Add vehicle number
• Add Department-location vehicle will be left at for MP to pick up.
• Add an Issue
• Issue Summary;keep it basic
• Add any notes on the specific issue reference the vehicle;special contact info for you
if you want
• You may add a photo or two if needed.
• Hit create ticket
4. Motor Pool Management will make arrangements for standard operating maintenance with
the vehicle operator to get work done on your vehicle, i.e.; lube oil filter, brakes, and other
standard service.
5. If the service is going to take too long or it is on your time off,Motor Pool Management will
have a replacement vehicle available to use.
C. MOTOR POOL BILLING
1. The Motorpool billing will be received and paid by Support Services out of each Elected
Official or Department's budgets per Resolutionti_ ;� . The invoicing will be emailed
to departments and vouchered by Support Services.
D. DRIVING RECORDS
1. Mason County is self-insured for non-leased vehicles and Police Pursuit Vehicles for
automobile physical damage. Leased Vehicles will be insured by third party insurance
provider,Authorized operators of County owned or privately owned vehicles for
County business and purposes may have their driver abstract requested from the
Department of Licensing per RCW 46.52.13.
Page 2 of 2
Attachment to Motor Pool Use Procedure
Mason County Motor Pool User Agreement
I hereby acknowledge that I have received and read the Mason County Motor Pool Use
Procedures and Mason County Personnel Policy Chapter 13 Vehicle Use Policy and agree to the
following: (please see before mentioned policies for complete list of permitted and prohibited uses of county vehicle)
1. I will comply with all the motor vehicles laws of the state of Washington or any other state in which
the vehicle is operated, including seatbelt and cell phone laws.
2. 1 will keep the county vehicle locked when unattended with the engine turned off. Keys will not be left
in the ignition.
3. 1 will immediately report all traffic accidents and/or damage to a county vehicle to my
supervisor/department head or elected official.
4. 1 will remove and dispose of trash in an appropriate manner from the county vehicle after each use.
5. 1 will not use a county vehicle, or permit the use of a county vehicle, in the following prohibited
manners:
a) When impaired by fatigue or any other known mental or physical condition that affects the
safe operation of the vehicle.
b) When impaired because of prescribed appliances (e.g., cast, sling, brace), prescribed or
over-the-counter medications that causes or results in adverse side effects (e.g., drowsiness
or impaired reflexes or reaction time). As described in Personnel Policy 8.12-Substance
Abuse, employees are responsible for informing their supervisor of the possible effects of the
medication and expected duration of its use.
6. 1 will not use or consume alcohol, marijuana and/or illegal drugs while operating a county vehicle.
7. 1 will not use tobacco (smoking, vaping and non-smoking products and devices) in county vehicles.
8. 1 will not transport non-county employee passengers, including family members, unless authorized
by the employee's department head or elected official.
9. 1 will not permit non-authorized individuals to drive a county vehicle unless it is for a bona fide
emergency purpose.
10. 1 will not use a county vehicle for personal gain, such as delivering goods or services.
11. 1 will not modify the county vehicle including affixing signs, stickers, antennas, bike racks, ski racks, etc.
12. 1 will not transport animals in a county vehicle (excludes Animal Control activities and transportation
and use of canines or other animals by the Sheriffs Office).
13. 1 will not haul loads that exceed the rated capacity of the vehicle or that could cause damage to the
county vehicle (i.e., hauling firewood or gravel in a passenger vehicle).
14. 1 will not install or use any radar or speed detection devices in a county vehicle (excludes Sheriffs
Office).
15. 1 will not transport hitchhikers in a county vehicle.
16. 1 will not make incidental stops at locations the public would generally perceive as inappropriate (i.e.
tavern, liquor store etc.).
17. 1 will not use a county vehicle for vacations, side trips or any other use not expressly authorized by
Mason County's Motor Pool Use Procedures or Vehicle Use Policy.
Drivers who have questions regarding the appropriate use of a county vehicle should consult with their supervisor,
department head, elected official, or Motor Pool Management.
Your signature verifies that you understand and agree to comply with Mason County's Motor Pool Use
Procedures and Mason County Personnel Policy Chapter 13 Vehicle Use Policy
Motor Pool User Date Supervisor Date
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION 2020-01 MASON COUNTY PERSONNEL
POLICY AMENDING CHAPTER 13 VEHICLE USE POLICY
WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the
coordination of county administrative programs, which is accomplished through the adoption of
the Personnel Policy; and
WHEREAS, it is necessary and appropriate to change the current language in Vehicle
Use Policy to include the use of motor pool vehicles.
NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners
hereby amends Resolution 2020-01, Mason County Personnel Policy amending Chapter 13
Vehicle Use Policy7.9 as outlined in Attachment A. This resolution shall become effective
immediately upon its passage.
ADOPTED THIS day of March, 2020.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Sharon Trask, Chair
Melissa Drewry, Clerk of the Board
Randy Neatherlin, Commissioner
APPROVED AS TO FORM
Kevin Shutty, Commissioner
Timothy Whitehead,
Deputy Prosecuting Attorney
C: Elected Officials&Department Heads
CHAPTER 13 VEHICLE USE POLICY
13.1 VEHICLE USE AND SCOPE
This policy addresses assignment of county vehicles for business use, for home-to-work
commuting and after-hours use, use of personal vehicles for county business, mileage
allowances, general motor vehicle safety expectations, and reporting requirements for
commercial vehicle operators as per RCW 46.25.030. All employees who operate motor
vehicles for county-related business are responsible for operating the vehicle in a lawful,
safe and prudent manner.
This policy applies to:
1. Departments reporting to the Board of County Commissioners.
2. Elected Officials' Offices with the proviso that those officials are responsible for
application of this policy, or a comparable alternative, in their departments. All
allowances, mileage reimbursement rates, and other cash disbursements require
approval of the Board of County Commissioners.
3. Represented and non-represented employees-Where permitted, the policy is
applicable to bargaining unit employees depending on the collective bargaining
agreement for that unit and the requirements of RCW 41.56.
4. Where provisions of this policy address topics covered in the Sheriff's Office Vehicle
Use policy, those rules shall apply.
5. All users of county vehicles(owned, leased, or rented) or personal vehicles being
used for county business purposes, including regular employees, temporary
employees, contractors, volunteers and citizens.
13.2 VEHICLE USE POLICY DEFINITIONS
Vehicle: Per RCW 46.04.670 includes every device capable of being moved upon a public
highway an in, upon, or by which any persons or property is or may be transported or drawn
upon a public highway, including bicycles. This includes motorized or non-motorized vehicle
to include boats, aircraft, and utility tractors designed to transport persons or goods on
public roadways, waterways, or federal airspace.
Motor vehicle: Per RCW 46.04.320 means every vehicle that is self-propelled by electric
poser obtained from overhead trolley wires, but not operated upon rails.
Special Mobile Equipment: Per RCW 46.04.552 means every vehicle not designed or used
primarily for the transportation of persons or property and only incidentally operated or
moved over a highway, including but not limited to: ditch digging apparatus, well boring
apparatus and road construction and maintenance machinery such as asphalt spreaders,
Mason County Personnel Policies Page 66
bituminous mixers, bucket loaders, tractors another than truck tractors, ditchers, leveling
graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and
scrapers, power shovels and draglines, and transportation of persons or property to which
machinery has been attached.
Specialized Equipment: Per WAC 468-38-270 certain vehicles are designed and built for very
unique functions other than transporting persons. The federal highway administration
classifies and references some of these vehicles as specialized equipment in Title 23 C.F.R.
Part 658.13(e) and sets minimum and/or maximum parameters for the vehicle to operate.
The department adopted these specialized classifications and accepted or further defined
the legal parameters for operation on state highways.
Weapon: A tool or instrument used with the aim of causing damage or harm to living beings
or artificial structures or systems.
Assigned Take-Home Vehicle: A county vehicle, which is used by a County employee for
county business and for regularly commuting to and from the employee's home and
workstation.
Assigned Vehicle:A county vehicle assigned to a department or county employee for county
business, but not for employee commuting to and from the employee's home and
workstation.
Call-Out:A directive to an employee to report to a work site during off duty time or day, and
to respond to emergencies, which require immediate response to protect life and property.
Commissioned Officers: All officers commissioned by the Sheriff's Office.
Commute Trip Mileage:The mileage from an employee's home to their regular place of
work and back, or the actual daily mileage from home to the first work-site and from the last
work-site to home.
Designated Parking Area:A county parking facility or lot, which has been identified by an
employee's Elected Official or the Risk Manager as an acceptable overnight location for
parking the employee's assigned county vehicle.
Emergency Response:An employee has primary responsibility for immediate response,to
protect life and property, and to maintain and enforce law.
ILMason County Personnel Policies Page 67
Occasional overnight usage of county-owned vehicles: County employees taking home
county-owned vehicles for conducting county business away from the employee's normal
place of work and outside an employee's normally scheduled work hours.
13.3 ASSIGNMENT OF COUNTY VEHICLES FOR TAKE-HOME and OPERATIONAL
CONSIDERATIONS
PURPOSE and RESPONSIBILTY
It is the responsibility of the Board of County Commissioners (BOCC)to ensure the proper
use of public funds concerning the County practice of allowing employees to commute to
and from work in County-owned and leased vehicles.The BOCC is to assure all County
owned and leased vehicles are used responsibly and centralized controls are in place to
report taxable benefits if applicable. All Take-Home Vehicle assignments for County issued
vehicles will be reviewed by the BOCC annually.
The BOCC wish to restrict the number of county-owned and leased vehicles used by
employees to commute to and from work.
This policy is applicable to all Mason County Departments and Elected Officials' Offices.
AUTHORITY and REFERENCES
IRS Publication 15-B Fringe Benefit
IRS Publication 5137 Fringe-Benefit Guide
IRS Substantiation_Requirements§1.274-5
Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of
Qualified Non-personal Use Vehicles as identified in Publication 5137, or meet the Emergency
Response, Specialized Equipment, or Economic Benefit as defined below.
Take-Home Vehicle assignment must be preapproved by BOCC, unless for a temporary
assignment.
13.4 QUALIFIED NON-PERSONAL USE VEHICLES(as of 121306)
(A)Clearly marked police, fire, and public safety officer vehicles
(B)Ambulances used as such or hearses used as such
(C) Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000
pounds
(D)Bucket trucks (cherry pickers)
(E) Cement mixers
Mason County Personnel Policies Page 68
(F) Combines
(G)Cranes and derricks
(H)Delivery trucks with seating only for the driver, or only for the driver plus a folding
jump seat
(1) Dump trucks(including garbage trucks)
(J) Flatbed trucks
(K) Forklifts
(L) Passenger buses used as such with a capacity of at least zo passengers
(M)Qualified moving vans
(N)Qualified specialized utility repair trucks (as defined in Publication 5137)
(0)Refrigerated trucks
(P) School buses
(Q)Tractors and other special purpose farm vehicles
(R) Unmarked vehicles used by law enforcement officers if the use is officially authorized
(S) Pickup Trucks and Vans that meet the specifications as defined in Publication 15-B
The use of County vehicles or travel reimbursement is preferred over the assignment of
take-home vehicles for conducting county business.
Assignment of a County vehicle is neither a privilege nor a right of any County employee.
Assignment of a County vehicle shall not be made based on employee merit or employee
status.
The need for communication access(car radio, telephone, etc.) shall not be considered
adequate justification for a County vehicle assignment.
Wherever possible, assigned County vehicles shall be picked up and dropped off at
designated County parking area, thereby avoiding the assignment of Take-Home Vehicles.
13.5 EMERGENCY RESPONSES
Take-Home Vehicles may be assigned to county employees who:
1. Are called out at least iz times per quarter, or 48 times a year and have primary
responsibility to respond to emergencies which require immediate response to
protect life or property; and
z. Cannot use alternative forms of transportation to respond to emergencies; and
3. Cannot pick-up County-owned assigned vehicles at designated sites without
impacting the employee's ability to respond to emergencies, which require
immediate response to protect life or property.
Mason County Personnel Policies Page 69
Emergency response assignments should be supported by data demonstrating the actual
number and nature of emergency responses in the prior year, and estimates of future
emergency responses.There must be an explanation as to why an employee cannot use
alternative forms of transportation to respond to the emergencies or pick up county-owned
or leased assigned vehicles at designated parking areas.
13.6 SPECIAL EQUIPMENT VEHICLES
Take-home vehicles may be assigned if an employee needs specialized equipment or a
special vehicle to perform county work outside of an employee's normally scheduled
workday.
1. Communication access shall not normally be considered a valid justification for a
specially equipped take-home vehicle.
i. Employees must have primary responsibility to respond to emergencies.
3. Special equipment vehicle assignments shall be supported by information
describing the special equipment needed to perform the county work.
13.7 ECONOMIC BENEFIT TO THE COUNTY
Take-home vehicles may be assigned if employee's private vehicle mileage reimbursement
costs are greater than the commuting costs for an assigned county vehicle with overnight
vehicle usage.
1. Lost productivity costs, the cost of the time it takes an employee to travel from a
designated county parking facility to their work station, shall not be included in
the calculation of economic benefit to the county.
z. There must be an explanation as to why an employee cannot use alternative
forms of transportation or pick up county-owned or leased vehicles at designated
parking areas.
3. Tax treatment of all vehicle assignments shall be subject to current regulations.
13.8 TEMPORARY TAKE-HOME VEHICLE ASSIGNMENT
Occasional overnight usage of County-owned or leased vehicles is permitted. Such
occasional usage of County vehicles may occur when an employee conducts County business
away from the employee's normal place of work, and outside an employee's normally
scheduled workday. Other types of occasional overnight usage is permitted when the
following conditions exist:
Mason County Personnel Policies Page 70
1. Inclement weather conditions:When employee is on-call and has primary
responsibility to respond.
i. Emergency preparedness or seasonal assignment: County-owned or leased
vehicle is permitted when an employee is on-call and vehicle is taken home less
than iz times per quarter on average.
3. Collective Bargaining Agreement: Authorization for take-home assignment may
be granted to employees represented by collective bargaining agreements with
language that provides for take-home vehicle assignment.
13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES
The BOCC will evaluate, authorize, or deny the current Take-Home vehicle assignments and
any new requests from all departments and elected offices by October 31st of each year.
Take-home vehicle authorization shall be for the following periods of time:January ist to
December 31st of each year, unless otherwise specified by a collective bargaining agreement.
13.10 BUDGET MANAGEMENT RESPONSIBILITIES
Budget Management shall be the department in charge of the following provisions:
1. Maintaining the listing of BOCC approved Take-Home vehicle assignments.
i. Maintain the supporting documents for each Take-Home vehicle assignment.
Documents will be compiled, calculated and submitted to payroll for fringe
benefit, per the IRS rules and regulations.
3. Provide Fair Market Value of vehicles for auto fringe benefit calculation if
applicable.
4. Develop and maintain records of all take-home vehicle assignments for Budget
Management provisions.
13.11 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES
Department Heads and Elected Officials shall:
Prepare a Vehicle Take-Home Authorization Request Form and submit to Budget
Management for presentation to the BOCC. These forms should be submitted by
September 30th of each year or when a new Take-Home assignment is issued to Budget
Management.
Each department and office shall maintain a list of authorized Take-Home Vehicles.
This list shall include:
1. Employee name
Mason County Personnel Policies Page 71
2. Rank or Title
3. Work location
4. Vehicle number
5. Vehicle type
6. County of residence
7. Miles outside the County, if applicable
An updated list shall be transmitted to Risk Management by September 30th each year or
upon request by the Budget Manager.
Apply the following standards and criteria for proposing all take-home assignments.
The employee shall reside within Mason County. The elected may propose a take-home
vehicle assignment for employees residing outside the county if both the residence is within
15 miles of the county line and a reasonable 30-minute response time can be met. In
addition, there are reasonable and compelling justifications and if such requests meet, the
criteria contained in sections 1 through 6 found below.
1. The employee commute mileage shall not be greater than the business mileage.
2. In cases where the Take-Home Vehicle Assignment requests are based on
Emergency Response or Special Equipment, the Elected must show that
emergency response outside of the employee's normal working hours is
necessary due to an eminent threat to life or property.
3. The employee must provide historical data showing the number of emergency
responses made during the same time period in the previous year.
4. There must be no other employees on duty and available to respond or perform
the emergency work during their normal work shift.
5. Before approving Take-Home Vehicle Assignment, the Elected shall first consider
whether occasional overnight assignment, temporary on-call status or
reimbursement for the use of a private vehicle will be of greater economic benefit
to the county than a Take-Home Vehicle Assignment.
6. The employee has primary countywide custodial control of resources used during
emergency response, and who must be available for any and all emergencies.
13.12 SHERIFF'S OFFICE RESPONSIBILITIES
The Sheriff or the Sheriff's designee shall:
Prepare a Vehicle Take-Home Authorization Request Form and submit to Budget
Management for presentation to the BOCC. These forms should be submitted by
Mason County Personnel Policies Page 72
September 30th of each year or when a new Take-Home Vehicle assignment is issued to
Budget Management.
Each Department shall maintain a list of authorized Take-Home Vehicles. This list shall
include:
1. Employee name
i. Rank or Title
3. Work location
4. Vehicle number
5. Vehicle type
6. County of residence
7. Miles outside the County, if applicable
An updated list shall be transmitted to Budget Management by September 30th each year or
upon request by the Budget Manager.
Commissioned employees of the Sheriff's Office are exempt under IRS Publication 15-B
Fringe Benefit, however,for Non-Commissioned employees, this is considered a fringe
benefit and may create a tax liability.
13.13 EMPLOYEE'S RESPONSIBILITIES
A County owned or leased Take-Home vehicle is a fringe benefit that may generate a tax
liability. If a request for a Take-Home Vehicle is approved, it is the responsibility of the
employee to contact payroll and determine the tax liability.
The employee is also responsible for submitting monthly mileage report to Budget
Management by the 5th working day of the month. Monthly mileage reports are required for
all Take-Home assignments, with the exception of Commissioned Officers of the Sherriff.
13.14 FINANCIAL SERVICES- PAYROLL RESPONSIBILITIES
Payroll will update fringe benefit data in the payroll system.
[PER RESOLUTION 19-17, 04/11120171
13.15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS
The County has auto liability coverage on its Mason County vehicles. Authorized employees,
appointed or authorized representatives and persons, or volunteers driving Mason County
vehicles are covered under the County's liability coverage. However, employees using their
personal vehicles for County business are not included in the County's insurance coverage
and, therefore their personal vehicle insurance is responsible for accidents, regardless of
Mason County Personnel Policies Page 73
whether the accident occurred while they were on County business.The mileage
reimbursement received by employees for approved use of personal vehicles includes, in
part, a reimbursement for personal insurance coverage. Employees should consult with their
insurance agent/company to inquire about what coverage exists while using their personal
vehicles for County business.
1. Employees shall provide valid proof of automobile liability/property damage
insurance with policy coverage limits that meet the Washington State minimum
requirements.
i. When an employee is using their privately owned vehicle pursuant to County policy,
the individual's insurance shall be considered the primary insurance coverage with
County coverage potentially available for secondary or excess coverage.
3. Job applicants who have reached the final interview stage of the employment
selection process will provide the county with a "Driving Record" prior to being
offered the position. This applies to both internal and external applicants and only to
those applicants whose job would require them to operate county owned or leased
vehicles on a regular(routine) basis.
13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS
Employee's use of personal vehicles for county business travel purposes is subject to the
approval of the department head or elected official. Employees may be required to utilize a
county vehicle based on cost or safety considerations. Authorization to use private vehicles
may be given on a trip-by-trip or standing approval basis. Upon request, employees are
required to provide to their supervisor proof that they possess a valid motor vehicle
operator's license, proof of current vehicle liability insurance and a current year Vehicle Use
Agreement on file.
Private vehicles utilized for county business are considered official vehicles and must
conform to the following requirements:
1. The vehicle must meet legal requirements to operate on a public highway.
i. The vehicle must be in sound mechanical condition and present no safety risks.
3. Employees must submit a mileage reimbursement form, to receive reimbursement
based on the county's current mileage rate allowance.The standard mileage rate
reimbursement covers gas, maintenance, repairs and insurance for work related
driving.
Mason County Personnel Policies Page 74
13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS
Employees using county vehicles on a continuing assignment or trip-by-trip basis are
prohibited from using vehicles for personal business except as provided herein.
Unauthorized personal use of a county vehicle may result in disciplinary action, up to and
including termination of employment.
All employees should exercise reasonable judgment regarding the use of a county vehicle
for personal purposes. Personal use of a county vehicle may be permitted, subject to the
approval of the applicable department head or elected official, when the use serves the
county's interests, results in negligible expense, and/or is justified by compelling
circumstances and doesn't pose a "bad appearance" even if on personal time—(e.g., at a
bar or liquor store).
13.18 INCIDENTAL TRAVEL AND STOPS
Employee-drivers should remember that public perception of county employees is important
and influenced by how and where the public observes county vehicles being used.
Employee-drivers should not make incidental stops at locations the public would generally
perceive as inappropriate.
13.19 POLITICAL USE OF COUNTY VEHICLES
No employee or person may use any vehicle owned, leased or operated by the county for
any trip which is exclusively for the purposes of campaigning in support of, or in opposition
to, any candidate or cause for national, county or local office, unless use of the vehicle is
required for purposes of security protection provided by the county or local governmental
unit.
13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS
1. Use of county vehicles by temporary employees or volunteers requires authorization
from the department head or elected official.Temporary county employees and
volunteers are subject to the applicable provisions of this policy, including signing the
Vehicle Use Agreement and providing proof of valid driver's license.
2. Interagency use of a county vehicle requires authorization from the county's€R&R
ManagelF, department head e elected official. Use of a county vehicle under an
interagency agreement is subject to the provisions mutually agreed upon by the
agencies involved.
Mason County Personnel Policies Page 75
13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR
COUNTY BUSINESS
The following policies govern all vehicle use for county business:
1. All drivers and passengers must comply with all the motor vehicles laws of the state
of Washington or any other state in which the vehicle is operated, including seatbelt
and cell phone laws.
z. Vehicles shall be locked when unattended with the engine turned off. Keys shall not
be left in the ignition unless authorized by the department head or elected official.
3. No person may use a county vehicle, or permit the use of a county vehicle, or operate
a personal vehicle for county business in the following prohibited manners:
a. The driver is impaired by fatigue or any other known mental or physical
condition that affects the safe operation of the vehicle.
b. The driver is impaired because of prescribed appliances (e.g., cast, sling,
brace), prescribed or over-the-counter medications that causes or results in
adverse side effects(e.g., drowsiness or impaired reflexes or reaction time).
As described in Policy 8.12- Substance Abuse, employees are responsible for
informing their supervisor of the possible effects of the medication and
expected duration of its use.
c. Tobacco use (smoking and non-smoking products and devices) is prohibited in
county-owned or leased vehicles.This does not include smoking in personal
vehicles used for county-related business.
d. Transporting non-county employee passengers, including family members, is
not permitted unless authorized by the employee's department head or
elected official.
e. Permitting non-authorized individuals to drive a county-owned/leased vehicle
unless it is for a bona fide emergency purpose.
f. Drivers of motor vehicles are prohibited from reading, manually writing or
sending a message on an electronic wireless communications device or
holding a wireless communication device to their ear while the vehicle is
moving. Exceptions to this section include: operators of an authorized
emergency motor vehicle; a driver using a wireless communications device in
the hands-free mode; using devices to report illegal activity or summon
medical aid or other emergency assistance or to prevent injury to a person or
property; using hearing aids.
g. Use for personal gain, such as delivering goods or services.
h. Modifications including affixing signs, stickers, antennas, bike racks, ski racks,
etc. Modifications to county vehicles may be undertaken only with the prior
Mason County Personnel Policies Page 76
written consent of the department head or elected official and the CDSi.D
ManageF.The County Shop or its designee will perform any modification to a
county-owned or leased vehicle.
i. Transporting of animals—Allowed only with prior written consent of the
department head or elected official -(excludes Animal Control activities and
transportation and use of canines or other animals by the Sheriff's Office).
j. Hauling loads that exceed the rated capacity of the vehicle or that could cause
damage to the vehicle (i.e., hauling firewood or gravel in a passenger vehicle).
k. Use of trailer hitches and towing-allowed only with prior approval by either
the County Shop or Motor Pool Manager. The County Shop or Motor Pool
must evaluate hitches and lights.
I. Installation or use of any radar or speed detection devices.
m. Transporting hitchhikers.
n. Use or consumption of alcohol and/or illegal drugs is prohibited while
operating a county-owned/leased vehicle or personal vehicle for county
business.
o. Use for vacations, side trips or any other use not expressly authorized by this
policy or department head or elected official.
Drivers who have questions regarding the appropriate use of a county vehicle or a personal
vehicle while in use for county business should consult with their supervisor, department
head, elected official, or the Risk Management Office.
13.22 VEHICLE USE AGREEMENT(VUA)- REQUEST FOR DRIVING RECORD
The purpose of the VUA is to ensure employees are licensed to operate a motor vehicle and
possess auto liability insurance to operate their personal vehicle for county business. Use of
a county(owned, rented or leased) or personal vehicle for business purposes is contingent
upon the following conditions and requirements:
1. Vehicle Use Agreement- Each department head and elected official or their designee
will acquire a signed Vehicle Use Agreement (VUA), annually from each of their
employees that operate a personal or county-owned/leased vehicle for business
purposes. This includes those employees required to hold a Commercial Driver's
License (CDL).
i. Motor Pool User Agreement- Each department head and elected official or their
designee will acquire a signed Motor Pool User Agreement(M PUA), annually from
each of their employees that operate a motor pool county-owned/leased vehicle for
business purposes.
Mason County Personnel Policies Page 77
3. Driving Record Request
a. Employees who are required to operate a vehicle on a regular(routine) basis
to perform their job shall, as part of the Vehicle Use Agreement, authorize
Mason County to acquire a copy of their driving abstract from the Department
of Licensing per RCW 46.52.130.
b. All other employees who may drive a county vehicle or a personal vehicle for
the use of county business may have their driver abstract requested from the
Department of Licensing per RCW 46.52.130 if requested by their department
head, elected official and/or the Risk Management Office.
13.23 DRIVER DISQUALIFICATION AND REVIEW
County employees and other authorized agents of the county may become disqualified as a
driver for county business for any of the following conditions:
1. Three or more moving violations in the past three years.
2. Two accidents if one or more results in injury, loss of life or significant property
damage. Note: This includes only accidents where the driver was substantially at
fault.
3. Suspension or revocation of driver's license.
4. Drivers must immediately inform their supervisor, department head, or elected
official in writing if they become disqualified under this policy.
5. Any change in the status of an employee's driver record resulting in disqualification
or the failure to report such change may result in revocation of the privilege to drive
a county-owned/leased vehicle or a personal vehicle utilized for county business
and/or disciplinary action up to and including termination.
6. Drivers denied the use of a county vehicle based on an unsatisfactory driving record
may request a review of the denial through their department head or elected official.
The Risk Management Office should be consulted regarding any requests for review.
7. A requested review will be investigated by the department head or elected official
and the Risk Management Office then approved or denied by the elected official in
writing. Approval or denial will be documented and kept on file in the Risk
Management Office.
13.24 ACCIDENTS AND CITATIONS
Employees are fully responsible to operate vehicles on county business in a legal, safe, and
prudent fashion and are subject to appropriate corrective action for failure to do so, up to
and including termination.
Mason County Personnel Policies Page 78
1. Employees shall immediately report all traffic accidents and/or damage to their
vehicle to their supervisor or department head or elected official while operating a
personal or county-owned/leased vehicle while on county business. In addition to any
state required accident reports, employees shall complete the Risk Management
Vehicle Accident Report form within the first business day following the accident.The
report will be forwarded to Risk Management and ER&R ManageF. A review by the
department head or elected official may be convened to evaluate the accident
depending on the severity.
2. Drivers are personally responsible for the cost of all traffic citations, parking tickets,
etc. Passengers are personally responsible for the cost of any traffic citation they may
receive while riding in a county-owned/leased vehicle or a personal vehicle being
used for county business-(i.e. seatbelt violations, parking violations, throwing object
from vehicle).The offending employee shall pay citation fines promptly.
3. Employees shall report moving violation citations that occur while operating a vehicle
for county business within the first business day of the issuance of the citation.
Employees will notify their immediate supervisor, who in turn, will forward the report
to the Risk Management Office.
13.25 COMMERCIAL DRIVER LICENSE
In addition to the conditions and requirements for all motor vehicle operators, employees
who hold a commercial driver's license (CDL) are subject to all requirements applicable to
state and federal laws.
13.26 COUNTY VEHICLE RELATED PURCHASES
Supervisors shall inform employees of acceptable vendors, gas stations, and other services
that may be utilized for county vehicle related purchases. Repair and towing services are
primarily acquired through county contracts. If services are needed while traveling out of
the county, the employee should contact the County Shop for public works vehicles, the
Facilities manager for motor pool vehicles, or use their best judgment if outside of work
hours.
13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES
1. Public Works vehicles should use the county-owned fuel dispensers whenever
possible. There is one fill up per fuel card use. No doubling up on one card with more
than one respective, associated vehicle is permitted. Department supervisors should
provide directions to those locations and instruct their assigned drivers on the uses
of these dispensers.
Mason County Personnel Policies Page 79
z. Public Works vehicles may use public self-service, regular unleaded and diesel
dispensers should be u if county fuel dispensers are not available. The most cost-
effective vendor should be used whenever possible. Receipts must be submitted for
reimbursement.
3. The use of premium grades of fuel is not authorized, unless required by the vehicle's
owner's manual.
13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE
1. Motor pool vehicles should use the assigned WEX Fleet card to purchase fuel from
any authorized gas station (Shell or Chevron).Arco and AM/PM gas stations are not
authorized vendors.There is one fill up per fuel card use. No doubling up on one card
with more than one respective, associated vehicle is permitted. Department
supervisors should provide directions to those locations and instruct their assigned
drivers on the uses of these dispensers.
2. Motor pool vehicles may use public self-service, regular unleaded and diesel
dispensers for emergency situations only.The most cost-effective vendor should be
used whenever possible. Receipts must be submitted for reimbursement.
3. The use of premium grades of fuel is not authorized, unless required by the vehicle's
owner's manual.
13.29 REPAIRS AND PREVENTATIVE MAINTENANCE
When a vehicle is assigned to an employee or department, the driver or department
supervisor is responsible for ensuring that all preventative maintenance is performed on
schedule and the vehicle is serviced in a timely manner when notified by either the Facilities
department or the County Shop.
13.30 GENERAL MOTOR VEHICLE SAFETY
1. In the interest of safety, supervisors may elect to have assignments,jobs or tasks
delayed or postponed during inclement weather until driving conditions improve.
Only essential vehicles equipped with necessary traction devices should be required
to operate during hazardous conditions(e.g., Sheriffs vehicles, snow plows, sanding
trucks, etc.). Vehicles used during inclement weather may require the use of tire
chains it is the responsibility of the vehicle/equipment operator to install tire chains
when needed.
2. Operators shall conduct a safety check of the vehicle each day. The minimum
operator's check should consist of a check for body damage, mechanical problems
(tire inflation &tread, brakes, steering,turn signals, wipers, horn, etc.)and
verification that all lights are functioning and windows are cleaned to present a clear
Mason County Personnel Policies Page 80
field of view. All items requiring repair shall be reported to your immediate supervisor
and the County Shop for public works vehicles, or by submitting a maintenance
support ticket to the Facilities Department for motor pool vehicles.
3. County departments may have additional requirements for the safe operation of
motor vehicles and equipment.
13.31 SAFETY
In the event a county officer, employee, or volunteer is involved in an accident while
operating a county vehicle or their own vehicle and conducting county business, the driver
shall follow these safety rules:
1. Immediately provide first aid (if possible and if necessary)to any injured person. It is
recommended that employees providing first aid/CPR have a valid first aid/CPR card.
i. The county driver shall then immediately notify his/her supervisor and the
appropriate law enforcement agency. No vehicles shall be moved from the accident
scene until law enforcement arrives unless a greater safety hazard would be created
by not moving the vehicle(s).
3. The county employee/driver shall exchange information regarding driver's license,
vehicle registration, and insurance information with the operator(s) of the other
vehicle(s).
4. If possible,the county employee/driver shall gather the names and addresses of all
potential witnesses including passengers in all vehicles involved.
5. If possible, take photos of both the county vehicle and the other injured parties
vehicle, equipment or the scene itself.
The county employee/driver shall complete the vehicle accident checklist located in
the glove compartment of each county vehicle. If the accident results in death,
personal injury, or property damage in excess of five hundred dollars, complete the
State of Washington Uniform Collision Report Form (WSP 161)within twenty-four
hours of the accident.
r4slFnanagelF.
[UPDATED RESOLUTION 89-19 -9/3/191
Mason County Personnel Policies Page 81
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES: N/A
ITEM: Resolution Amending Resolution No. 11-18 & No. 07-17 authorizing Support
Services to pay certain charges from County Fund and Department Budgets
EXECUTIVE SUMMARY: The Support Services Department currently pays certain internal and
external County charges from individual County Fund and Department Budgets. These charges
include the Internal Allocation, Information Technology fees, Unemployment fees, SAO fees,
self-insurance premiums, and cell phone charges.
This amendment to the resolution accomplishes three objectives:
1. Consolidates cell phone charges into the resolution
2. Adds leased vehicle charges
3. Changes the wording so that the Board may include other County charges as they see fit
to be paid by Support Services without requiring an amendment to the resolution.
Certain charges are most efficiently paid from a central location. With leased vehicle charges
coming soon, it will save the County the most time and effort to pay the fees from one
centralized location out of individual department budgets.
BUDGET IMPACTS: N/A
RECOMMENDED OR REQUESTED ACTION: Request to place on the March 3rd meeting
agenda authorization for the Board to sign the Resolution Amending Resolution No. 11-18 & No.
07-17 authorizing Support Services to pay certain charges from County Fund and Department
Budgets
ATTACHMENTS: Draft Resolution
J:\Budget Office\Briefmg, Agenda,&Public Hearing Items\2020\Briefmg Summary 2.24.2020-Res Amending No.
11-18&07-17.doc
RESOLUTION NO.
AMENDING RESOLUTION NO. 11-18 & NO. 07-17
A Resolution authorizing Support Services Department to pay certain charges from County Fund and
Department Budgets
WHEREAS, RCW 36.32.120 states"...the board of county commissioners...have the care of the county
property and the management of the county funds and business..."
WHEREAS, certain internal service fees are an integral part of managing the budget process and most
budgets include internal service charges for one or more of the following: Internal Allocation fees,
Information Technology fees including but not limited to only computers and phones, and
Unemployment fees;
WHEREAS, some charges by external customers that are allocated to most County Funds and
Departments are most efficient to be paid by Support Services via Treasurer's Transmittal or through the
vouchering process and include but are not limited to:the cost of the annual audit by the State Auditor's
Office, the cost of self-insurance premiums paid into the Washington Counties Risk Pool, the cost of
cellular phones and cellular phone charges, and the cost of leased vehicles;
WHEREAS, it is necessary to authorize Support Services to pay these internal and external service
charges for the most efficient flow of operations from the individual fund and departmental budgets as
they are budgeted and/or billed;
NOW THEREFORE, the Mason County Board of Commissioners does hereby resolve that Support
Services shall have the authority to pay all internal service charges including: Internal Allocation,
Information Technology fees including but not limited to only computers and phones, and
Unemployment fees, and also charges by external customers that are allocated to most County Funds
and Departments including but not limited to: the annual audit by the State Auditor's Office, self-
insurance premiums paid into the Washington Counties Risk Pool, cellular phones and cellular phone
charges, and leased vehicle charges for all Mason County Departments and Offices from the individual
fund and departmental budgets as they are budgeted and/or billed.
Approved this day of , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Melissa Drewry, Clerk of the Board Sharon Trask, Chair
APPROVED AS TO FORM:
Randy Neatherlin, Commissioner
Tim Whitehead, Chief DPA
Kevin Shutty, Commissioner
C:All Mason County Departments
RESOLUTION NO.
A RESOLUTION authorizing the use of Equipment Rental and Revolving Fund Services by other Mason
County Departments and Offices and other Governmental Agencies
WHEREAS, the Equipment Rental and Revolving Fund was established by adoption of Resolution No.
850 on January 3, 1978; and
WHEREAS, on January 14, 2020 the decision to enter into a fleet management lease agreement and
remove all Current Expense and Public Health vehicles from the Equipment Rental and Revolving Fund
was made by the Mason County Commissioners and Resolution 2020-07 amending the Equipment
Rental and Revolving Fund was adopted on January 21, 2020; and
WHEREAS, RCW 36.33A.020 states"The legislative body of any county may authorize, by resolution, the
use of the fund (equipment rental and revolving fund) by any other office or department of the county
government or any other governmental agency for similar purposes"; and
WHEREAS, there may be the need of other County offices and departments or other governmental
agencies to use Equipment Rental and Revolving Fund services including but not limited to motor pool,
vehicle repair, radio repair, and parking area;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to
authorize the use of the Equipment Rental and Revolving Fund by any other Mason County office or
department or any other governmental agency for similar purposes.
ADOPTED this day of 12020
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
Melissa Drewry, Clerk of the Board Sharon Trask, Chair
APPROVED AS TO FORM: Randy Neatherlin, Commissioner
Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner
Attorney
J:\RESOLUTIONS & ORDINANCES\RESOLUTIONS -ORDINANCES Word Files\2020\Use of ER&R
Fund to other departments authorized.doc
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Sheryl Hilt
DEPARTMENT: Mason County Sheriff EXT: 636
BRIEFING DATE: 2�zLi1�C2
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM:
New vendor for web archiving services.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
Smarsh has been providing web archiving services for the county for records
management for several years. This year the bundled pricing has changed and there
are services we don't require. The current price for services is $627.75 per month (or
$7527 per year) through March 31, 2020. The yearly quote beginning April 1, 2020 is
$7310.42 with no option for paying monthly.
PageFreezer is a widely used service, meets all the archiving needs and is several
hundred dollars less expensive per year. The quote for services totals $3238 for the
first year and $2988 per year thereafter, billed annually.
BUDGET IMPACTS:
Decrease in the amount paid for web archiving services.
RECOMMENDED OR REQUESTED ACTION:
Approve changing web archiving vendors.
ATTACHMENTS:
Smarsh invoice.
PageFreezer quote and subscription agreement
Briefing Summary 2/13/2020
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Chief Kevin Hanson
DEPARTMENT: Sheriff's Office Jail EXT: 369
BRIEFING DATE: 02/24/20
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Amendment to the Jail Food Service Contract
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): The existing food service contract between Consolidated Food Services, now
doing business as Summit Food Service, expired on February 1, 2020. This amendment
allows an additional 3 years and increases the cost per meal by 2.7% for year 2020 as
allowed by contract section 9.5.
This contract amendment also differentiates the cost of staff meals from inmate meals.
BUDGET IMPACT: The cost per meal for inmate population of 70-79 increases from $2.640
to $2.711 per meal. See chart on attached Agreement. For year 2019, Summit served
107,055 meals. An increase of .07 cents per meal will equate to an estimated $7,500
increase for 2020.
PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community
meetings, etc.)
NA
RECOMMENDED OR REQUESTED ACTION:
Approve Resolution.
ATTACHMENTS:
Amendment to Food Service Agreement between Mason County and Summit Food Service,
LLC.
Briefing Summary 2/19/2020
i
AMENDMENT TO THE FOOD SERVICE PARTNERSHIP AGREEMENT
i
This Amendment is made and entered into by and between Mason County Sheriff's Office a WA
Government Agency("Client"),and Summit Food Service, LLC a NM Limited Liability Company
"Company") (collectively"the Parties").
WHEREAS,Client and Company have entered into a certain Food Partnership Agreement(the
"Contract"),effective February 1,2017;
WHEREAS,Client and Company have agreed to extend the partnership;and
I
WHEREAS,the parties now desire to amend said Agreement upon the terms and conditions
stated herein.
NOW,THEREFORE,the parties,intending to be legally bound hereby,mutually agree as follows:
1. This Agreement shall be extended for an additional three years beginning February 1,2020.
2. Price. Company shall charge and Client shall pay:
Inmate Population Current Price New Price 2020 New Price 2021
CPI% 2.7% 3.1%
30-39 $4.902 $5.034 $5.185
40-49 $3.991 $4.099 $4.222
50-59 $3.422 $3.514 $3.620
60-69 $2.968 $3.048 $3.140 r
70-79 $2.640 $2.711 $2.793 I
80-89 $2.394 $2.459 $2.532
90-99 $2.149 $2.207 $2.273 r
100-109 $2.043 $2.098 $2,161 ?
110-119 $ 1.916 $ 1.968 $2.027
120-129 $ 1.808 $ 1.857 $ 1.913
130-139 $ 1.717 $ 1.763 $ 1.816
Staff Meals $280 per week
This Amendment is effective as of February 1, 2020.All other terms and conditions of the original
Contract(as modified from time to time)shall remain in full force and effect unless otherwise amended
as provided in the Contract.
CLIENT COMPANY
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
A'-Viom S SUMMIT
FOOD SERVICE MANAGEMENT `
-AN A'v1AND5 COMPANY-
February 1, 2017
Chief Hanson
Mason County Sheriff's Office
322 North 3rd Street
Shelton, Washington 98584
Re: Food Service Agreement
Dear Chief Hanson:
Enclosed, please find two copies of the Food Service Agreement between Consolidated Food
Management, LLC and Mason County Sheriff's Office. Once these are executed, please return
one copy to my attention at the following address:
A'vionds, LLC
Attn: Mandy Mickus
1751 West County Road B, Suite 300
Roseville, MN 55113
We are thankful for the opportunity to continue to provide you food service.
Sincerely,
Mandy Mickus
Contract and Leal Specialist
1751 County Road B West I Suite 300 1 Roseville,MN 55113 1 Office 651.631.09.40
CONSOLIDATE FOOD MANAGEMENT,LLC
FOOD MANAGEMENT SERVICES AGREEMENT
THIS FOOD MANAGEMENT SERVICES AGREEMENT is made and entered into by and between
Mason County Sheriffs Office (MCSO) located at 322 North 3rd Street, Shelton, Washington
98584(hereinafter referred to as "Client"), and Consolidated Food Management, LLC, a
Washington limited liability company,with a corporate office at 1751 County Road S West,Suite
300, Roseville, Minnesota, 55113, (hereinafter referred to as "CFM") (collectively referred to as
"the Parties").
WITNESSETH:
WHEREAS, Client is party to a certain inter-local Agreement between themselves and Lewis
County,Washington, "Lewis Resolution#98-450";
WHEREAS, CFM currently provides Food Management Services for Lewis County;
WHEREAS, Client desires to avail itself of Food management services;
WHEREAS, CFM desires to perform such service for Client; and
NOW,THEREFORE,in consideration of the mutual covenants and agreements herein,the Parties
agree as follows:
SECTION 1. DEFINITIONS. As used throughout this Agreement, the following terms shall be
defined as follows:
1.1. Accounting Period. CFM accounting calendar ordinarily is based on a 4-4-5 method of
accounting which consists of three (3) rotational periods of 28 days, 28 days and 35 days.
1.2. Agreement.This Food Management Service Agreement.
I.B. Cooking Equipment. Any equipment or appliance reasonably necessary for Services
including, without limitation, stove, oven, sink, refrigerator, microwave, mixer, steamer,
slicer and freezer.
1.4. Facilities. Space for CFM to prepare and perform Services at the Premises including,
without limitation, food preparation areas, dining facilities, places to store and maintain
food supplies, office space, and adequate dressing rooms and restrooms for CFM'
employees.
1.5. Food Management Service. Operations to be provided by CFM in accordance with this
Agreement that involve the preparation, service and sale of food, beverages, goods,
merchandise and other items at the Premises.
1.6. Office Equipment. All office items reasonably necessary for CFM staff to perform office
related functions at the Premises including, without limitation, computer, desk, chairs,
safe,shelving and file cabinets.
1.7. Premises. The Client's inmate food service facility(ies) located at, 322 North 3`a Street,
Shelton,Washington 98584.
1.8. Products. Food, beverages, goods, merchandise and other items at the Premises.
1.9. Proprietary, Confidential and Trade Secret Information. Items used in CFM Food
Management Services(owned by or licensed to CFM) including,without limitation, menus,
signage, surveys, Software (i.e. menu systems, food production systems, accounting
systems), recipes, management guidelines and procedures, operating manuals, personnel
information, purchasing and distribution practices, pricing and bidding information,
Page 1 of 9
financial information, provided,however that the following items are specifically excluded:
(i) information generally available to and known by the public or (ii) information
independently developed or previously known by the Client.
1.10. Services. Collectively the Products and Food Management Services.
1.11. Servicewares.Items used in the service of food and beverages including,without limitation,
chinaware, glassware, silverware.
1.12. Smallwares. Items used in the preparation of food including,without limitation, pots,pans
and kitchen utensils.
1.13. Supervisory Employee. Those persons who have directly or indirectly performed
management or professional services on behalf of CFM for the Client at any time during
this Agreement.
1.14. Utilities and Amenities. All utilities reasonably requested by CFM to provide Services atthe
Premises including, without limitation, heat, hot and cold water, gas, refrigeration, lights,
electric current, garbage removal services, exterminator services, telephone services,
internet access, and sewage disposal services.
SECTION 2. AGREEMENT INTENT.
2.1 Client grants to CFM the exclusive right to provide Food Management Services at the
Premises, and the exclusive right to provide and/or sell to Clients, employees, guests and
other persons such Products as shall be reasonably approved by the Client.
SECTION 3. TERM OF THE AGREEMENT.
3.1 This Agreement shall commence on February 1, 2017 (the "Effective Date") or sooner if
mutually agreed upon in writing by both of the Parties and will remain in effect for an initial
period of three (3) years. This Agreement shall automatically renew for additional like
periods, unless either party provides written notice to the other party at least sixty (60)
days prior to the expiration date, unless terminated as set forth below.
3.2 Termination for Non-Performance. If either party refuses,fails or is unable to perform or
observe any of the terms or conditions of this Agreement for any reason other than for
Excused Performance under Section 11.2 hereof, the party claiming such deficiency shall
provide the other party written notice of any such breach. If such breach is remedied
within three (3) days in the case of failure to make payment when due or fifteen (15) days
in the case of any other breach (the "Notice Period"),the notice shall be null and void. If
such breach is not remedied within the specified period,the party giving notice may cancel
the Agreement effective immediately in the case of failure to make payment orfifteen (15)
days otherwise after the end of the Notice Period. Upon the termination or expiration of
this Agreement, CFM shall vacate the Premises occupied by CFM and shall remove its own
equipment and return equipment furnished by Client pursuant to this Agreement.
3.3 Voluntary Termination. Either Party may terminate this Agreement with or without cause
by written notice to the other party given not less than sixty(60) days prior to the effective
date of termination.
3.4 Continuing Obligations. The termination of this Agreement shall not affect the rights,
privileges, liabilities and/or responsibilities of the Parties as they exist as of the effective
date of termination. The Parties shall cooperate fully with each other during the term of
the Agreement and subsequent to the termination in order to ascertain and satisfy all
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liabilities of either party to the other. All outstanding amounts owed to CFM shall become
due and payable immediately upon termination.
SECTION 4. SERVICES.
4.1 Locations and Hours. CFM shall operate and manage Services at the Premises and shall
provide necessary Food Management Services at such hours and locations as the Client and
CFM mutually agree.
4.2 Program Specifications. As part of its regular service, CFM shall provide the following:
A. Menu. CFM shall utilize a menu cycle as it deems necessary.
B. Staff Meals. CFM shall provide staff meals as requested.
C. Bagged Meals. CFM shall provide bagged meals as requested.
D. Inmate Labor. County shall provide a minimum of two (2) inmate workers per meal
period.
E. Medical Meals. CFM shall provide Medical Meals as requested.
F. Religious Meals. CFM shall provide Religious meals as requested.
G. Juvenile meals. CFM shall provide Juvenile meals.
H. Compliance with response submitted in the Request for Proposal dated 12/15/16.
4.3 Products. CFM shall purchase Products and supplies necessary to comply with CFM's
obligations as set forth in this Agreement. Client shall reimburse CFM for non-food supplies
and cleaning products.
4.4 Compliance with Food Safety Laws. CFM shall abide by all federal, state and local
regulations governing the preparation,handling and serving of food. Client shall cooperate
with CFM to accomplish the foregoing.
4.5 Cleaning. CFM shall perform routine cleaning and housekeeping in the.food preparation
and service areas. Client shall perform major cleaning including, without limitation,
stripping and waxing floors, cleaning walls, windows, fixtures, ceilings, electric light
fixtures, grease traps, hoods and vents, duct work, plenum chambers and roof fans
throughout the Facility as defined herein.
SECTION S. FACILITIES, UTILITIES AND EQUIPMENT.
5.1 Facilities, Utilities, and Cooking Equipment. Without cost to CFM, Client shall provide CFM
with the necessary Facilities for the operation of Services, and all Utilities and Cooking
Equipment reasonably requested by CFM for the safe and efficient performance of this
Agreement, subject to CFM's duty to exercise reasonable care in the course of such use.
CFM acknowledges that Client already has fulfilled this obligation at the time of the
execution of this successor contract.
5.2 Safe Condition. At its own expense, Client shall maintain, repair, replace, and keep in safe
operating condition said utilities, facilities and equipment, such that no CFM employee is
exposed to or subjected to any unsafe situation that would violate the Occupational Safety
and Health Act ("OSHA") or any other similar federal, state or local law or regulation. CFM
shall have the right to effect equipment repairs or replacements at Client's expense if,within
a reasonable amount of time after receiving notice,Client fails to make necessary repairs or
replacement to essential equipment that becomes inoperative, hazardous or inefficient to
operate or interferes with CFM's ability to provide Services in a safe and sanitary manner.
CFM shall be entitled to assert a security interest in any equipment that it purchases or
Page 3 of 9
repairs under this section, and shall retain title to equipment purchased hereunder. For
equipment purchased by CFM on behalf of Client,once the cost of the purchased equipment
or equipment repair has been recovered, CFM shall release the security interest and title
for any such purchased equipment to Client.
5.3 Cooking Equipment, Smallwares and Servicewares. At its own expense, Client shall furnish
CFM with the appliances, wares and equipment reasonably requested by CFM including all
Cooking Equipment, Smallwares and Servicewares.
5.4 Taxes. Client shall secure and pay all federal, state and local sales, use, excise and income
and other taxes and fees required for the Premises and resulting from the Food
Management Services provided for hereunder. Client shall pay all personal property taxes
and similar taxes with respect to Client's equipment located on the Premises. If sales, use
or other tax (including,without limitation,taxes on deficit billings)are assessed against the
Food Service operation, then Client shall reimburse CFM upon receipt of invoice for such
assessment and any interest, penalties, attorneys' fees or other costs related to such
assessment that are incurred by CFM. This provision shall survive termination of this
Agreement.
SECTION 6. FOOD LICENSES AND PERMITS.
6.1 CFM shall procure, maintain and post the food licenses and permits as required by law.
Other than licenses and permits by CFM in accordance with this Agreement, the Client
represents and warrants that it has and will maintain all required licenses and permits
necessary to operate the Premises and the Food Management Services. The Client
represents and warrants that the Premises is in compliance and will remain in compliance
with local, state, and federal laws and regulations. The Client agrees to notify CFM
immediately upon receiving notice of loss of any such permit or license.
SECTION 7. EMPLOYEES.
7.1 Employees. CFM shall hire employees necessary for its performance of this Agreement.
Persons employed by CFM will be the employees of CFM and not of Client.
7.2 independent Contractor Relationship. It is mutually understood and agreed, and it is the
intent of the Parties that an independent contractor relationship is hereby established
under the terms and conditions of this Agreement. Employees of CFM are not, nor shall
they be deemed to be, employees of Client. Employees of Client are not, nor shall they be
deemed to be,employees of CFM.
7.3 Wages and Hours. CFM shall comply with all applicable federal, state and local laws and
regulations pertaining to the wages and hours of employment for CFM's employees. Client
shall comply with all applicable federal, state and local laws and regulations pertaining to
the wages and hours of employment for Client's employees.
7.4 Payroll Taxes. CFM shall be responsible for all withholding and payroll taxes relative to
CFM' employees. Client shall be responsible for all withholding and payroll taxes relative
to Client's employees.
7.5 Equal Opportunity and Affirmative Action Employer. CFM abides by the requirements of
41 CFR§§60-1.4(a),60-300.5(a) and 60-741.5(a).These regulations prohibit discrimination
against qualified individuals based on their status as protected veterans or individuals with
disabilities, and prohibit discrimination against all individuals based on their race, color,
Page 4 of 9
religion, sex, or national origin. CFM employs and promotes individuals without regard to
race, color, religion, sex, national origin, protected veteran status or disability.
7.6 Background Checks. The Client agrees that all background investigations that it elects to
conduct on CFM's employees will comply with applicable local, state and federal law
including,without limitation,the Fair Credit Reporting Act,where applicable.
7.7 Non-Hire. During the term of the Agreement and one year hereafter, neither CFM nor the
County shall hire each other's employees without priorwritten consent from the other.
SECTION 8. CONFIDENTIALITY TRADE SECRET AND PROPRIETARY MATERIALS.
Client agrees that neither Client, nor Client's employees or agents, will disclose, photocopy,
duplicate or use, either during or after the term of this Agreement, any Proprietary, Confidential
and Trade Secret Information, without CFM's prior written permission. All Proprietary,
Confidential and Trade Secret Information shall remain CFM exclusive property. Client's access
or use of CFM Proprietary,Confidential and Trade Secret Information or Software shall not create
any right title, interest or copyright in such Information or Software. Upon termination of this
Agreement, Client agrees to return all of CFM Proprietary, Confidential and Trade Secret
Information in Client's possession relating CFM'servicespursuanttothis Agreement.Inthe event
that Client receives a request for any document which CFM previously had identified to Client as
proprietary, confidential or trade secret, Client shall notify CFM of that request and afford CFM
at least seven (7) days in which to seek an injunction pursuant to RCW 42.56.540. In the absence
of a court order to the contrary Client then will comply with its obligations under Washington's
Public Records Act. SECTION 9. FINANCIAL ARRANGEMENTS
9.1 Pricing Structure. The fiscal arrangements are included as a part of this agreement and
attached hereto as Exhibit A,which sets out the price payable by Client to CFM per
inmate meal per day.
9.2 Invoice. CFM shall issue a monthly invoice showing the cost of amounts due. Client shall
paythe full monthly invoice amount within thirty(30)days from the issuance of the invoice.
9.3 PaVments Due and Late Payment Penalty. CFM shall issue a monthly invoice at the end of
each Accounting Period showing the Cost of Business. Client shall pay the full monthly
invoice amount within fifteen (15) days from the issuance of the invoice. In the event
payment is not made within fifteen (15) days of the due date,the invoice will be subject to
a finance charge of eighteen percent (18%) per annum or, if less, the maximum amount
permitted under applicable law.
9.4 Change in Conditions. The financial terms set forth in this Agreement, and all other
obligations assumed by CFM hereunder, are based on conditions in existence on the date
CFM commences operations including, without limitation, population; labor costs; food
and supply costs; and federal,state and local sales, use and excise taxes(the"Conditions").
Further, Client acknowledges that in connection with the negotiation and execution of this
Agreement, CFM has relied upon Client's representations regarding existing and future
conditions(the"Representations"). In the event of change in the Conditions, inaccuracy of
the Representations,or if Ciient requests any significant change in the Services as provided
under this Agreement,the financial terms and other obligations assumed by CFM shall be
renegotiated on a mutually agreeable basis to reflect such change or inaccuracy.
9.5 Future Pricing and Management Fee. Pricing adjustments shall be made on an annual basis
and shall be agreed upon by the parties at most recently released U.S. Department of Labor
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Consumer Price Index, All Urban Consumers, National Average Unadjusted, Food Away
From Home for the month of May(CPI), whichever is greater. Up to ninety(90) days prior
to the anniversary of the Commencement Date,CFM shall provide Client notification of the
adjustment to the pricing. On the anniversary date, CFM proposed adjustments shall go
into effect, unless the Parties have entered into a written agreement with an alternative
cost adjustment.
9.6 Attorney's Fees and Costs. Client shall pay all costs of collecting any amount due CFM,
including attorney's fees and all costs and other expenses incurred by CFM in collecting an
indebtedness of Client. This provision shall survive the termination of the Agreement.
SECTION 10. INDEMNIFICATION; INSURANCE
10.1 Client Insurance. Client shall keep all of Client's buildings, including the Premises and all
property contained therein, insured against loss or damage by fire, explosion,or other cause
normally covered by property insurance policies.
10.2 CFM Insurance. CFM shall procure and maintain the following insurance:
A. Worker's Compensation Insurance as prescribed by the laws of the state where the
Premises are located; and
B. Professional and Comprehensive General Liability Insurance and Property Damage
Liability Insurance, with limits of one million dollars ($1,000,000.00) per occurrence and
two million dollars ($2,000,000.00) annual aggregate to cover any and all claims that
arise during the course of this Agreement whether or not such claims are known or
discovered during the term of this Agreement. This insurance policy shall name Mason
County as a "primary, non-contributory additionally insured".
Evidence of such insurance shall be provided prior to commencement of the Services in the
form of a certificate of insurance and shall advise Mason County of any exclusions upon
request. .
10.3 Indemnification. Each Party agrees to provide the following indemnification.
A. Each party agrees that it will defend, indemnify and hold harmless the other party, its
officers, directors, parent corporation, affiliates, employees and agents against any and
all liabilities, losses, damages, injuries, deaths, reasonable litigation expenses (including,
without limitation, reasonable attorneys' fees), costs and costs of court which either
party, its officers, directors, parent corporation, affiliates, employees and agents may
hereafter sustain, incur or be required to pay arising out of the other party's sole
negligent acts, omissions or failure to perform obligations pursuant to this Agreement.
Provided, however, neither party shall be required to defend, indemnify and hold
harmless the other party for any intentional or criminal actions of the other party or its
employees,visitors or invitees.
10.4 Notice of Indemnification. CFM obligation to hold Client harmless pursuant to the
Agreement shall be dependent upon CFM receivi rig written notice from Client of any claims
or lawsuits against CFM or Client, but in no event, no later than thirty(30) days after the
date Client first receives written notice of such lawsuit or claim. Failure of Client to notify
CFM of such claim or lawsuit within the stated period of time shall relieve CFM of any and
all responsibility and liability under this Agreement to defend, indemnify and hold Client
harmless.
Page 6 of 9
SECTION 11. GENERAL AGREEMENT TERMS.
11.1 Notice. Any notice required underthis Agreement shall be deemed to have been
sufficiently provided when delivered by hand, or three days after being sent by certified
or registered mail return receipt requested, or by overnight delivery service with receipt
of delivery, provided such delivery is to the parties at the following addresses:
Consolidated Food Management, LLC Mason County
Attn:Tom Cusimano Attn: Chief Kevin Hanson
1751 County Road B West,Suite 300 322 North 3rd Street
Roseville, MN 55113 Shelton, Washington 98584
11.2 Excused Performance. If performance of any terms-or provision hereof (other than the
payment of monies) shall be delayed or prevented because of compliance with any law,
regulation, decree or order by any federal, state, or local court, governmental agency or
governmental authority, or because of riot, war, public disturbance, strike, lockout,
differences with workmen,fire,flood,Act of God or any other reason whatsoever,which is
not within the control of the party whose performance is interfered with, and which, by
the exercise of reasonable diligence said party is unable to prevent,the party so suffering
may at its option,suspend,without liability,the performance of its obligations hereunder
(other than the payment of monies) during the period such cause continues.
11.3 Assignment or Transfer. Neither party may assign or transfer this Agreement, or any part
thereof,without written consent of the other party.
11.4 Entire Agreement;Waiver. This Agreement constitutes the entire Agreement between the
Parties with respect to the provisions of CFM's services, and there are no other or further
written or oral understandings or agreements with respectthereto except as otherwise set
forth herein. No variation or modification of this Agreement and no waiver of its provisions
shall be valid unless in writing and signed bythe duly authorized officers of CFM and Client.
This Agreement supersedes all other agreements between the Parties or their predecessors
for the provision of CFM Services.
11.5 Counterparts; Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be effective upon delivery and, thereafter, shall be
deemed to be an original, and all of which shall be taken as one and the same instrument
with the same effect as if each party had signed on the same signature page. This
Agreement may be transmitted by fax or by electronic mail in portable document format
("PDF'.') and signatures appearing on faxed instruments and/or electronic mail instruments
shall be treated as original signatures.
11.6 Venue and Choice of Law. Client hereby agrees that the validity and construction of this
Agreement shall be governed by Washington law. Any action arising out of or relating to
this Agreement shall be litigation either in the Superior Court of Washington for Mason
County, or in the United States District Court for the Western District of Washington at
Tacoma.
11.7 Limitation of Liability. CFM shall not be liable for loss of business, business interruption,
consequential, incidental, special or punitive damages, or for loss of revenue or profit in
connection with the performance or failure to perform this Agreement, regardless of
whether such liability arises from breach of contract,tort or any other theory of liability.
Page 7 of 9
11.8 Subrogation. When permitted by the applicable insurance policies, Client and CFM waive
any and all right of recovery from each other for property damage or loss of use thereof,
however occurring, which loss is insured under a valid and collectible insurance policy to
the extent of any recovery collectible under such insurance. This waiver shall include, but
not be limited to, losses covered by policies of fire,extended coverage,boiler explosion and
sprinkler leakage. This waiver shall not apply to claims for personal death or injury.
11.9 Severability. Any term or provision of this Agreement that is invalid or unenforceable shall
not affect the validity or enforceability of the remaining terms and provisions hereof or the
validity or enforceability of the offending term or provision in any other situation.
IN WITNESS WHEREOF,the Parties, intending to be legally bound, have caused their appointed
and duly assigned officers to execute this Agreement.
CLIENT: CFM:
By: ' By:
Printed: James Barrett Printed: Mitch Speicher
Title: Undersheriff Title: Chief Financial Officer
Dated:-1/24/17 Dated: 1z� Z/1 11-7
BOARD OF COUNTY COMMISSIONERS: APPROVED AS TO FORM:
By: kgk�
By:
Printed: Kevin Shutty Printed: Tim Whitehead
Title: Chair Title: Chief Deputy Prosecuting Attorney
Dated: 1/24/17 Dated: 1/24/17
Page 8 of 9
Exhibit A
MASON COUNTY FISCAL ARRANGEMENTS
Range Price Per
Meal
0 -29 TBN
30-39 $4.902
40-49 $3.991
50-59 $3.422
60- 69 $2.968
70-79 $2.640
80-89 $2.394
90-99 $2.149
100- 109 $2.043
110- 109 $1 .916
120- 129 $1.808
130- 139 1 $1.717
• The above pricing is for all inmate and juvenile meals based upon three (3) meals per
day, seven (7) days per week, and does not include any applicable state or county taxes.
• All juvenile meals will be charged at the same rate as the adult inmate meals.
• CFM shall bill back to the client all costs for food and cleaning supplies. CFM shall be
responsible for all labor and benefit costs for all CFM employees.
Page 9 of 9
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Coroner Wes Stockwell
DEPARTMENT: Coroner EXT: 752
BRIEFING DATE: Feb 24, 2020
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
,5 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
Legal ❑ Other— please explain
ITEM: Signing of Interlocal Agreement for pathology services between Kitsap and Mason
County
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): Kitsap County will provide all pathology services (autopsies, pathologist and facility use)
for a fixed rate, eliminating the need to pay for individual pathology services.
BUDGET IMPACT: Approximately $20,000 per year savings
PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community
meetings, etc.) None
RECOMMENDED OR REQUESTED ACTION: Commissioner approval
ATTACHMENTS: ILA document (two originals, one for Mason, the second to be signed
and returned to Kitsap)
Briefing Summary 2/19/2020
KC-327-19
INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN
KITSAP COUNTY AND MASON COUNTY
This Interlocal Agreement for Pathology Services ("Agreement") is entered into between Kitsap
County, through the Kitsap County Coroner's Office, ("Kitsap") and the Mason County
("Mason"),both political subdivisions of Washington state.
RECITALS
A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies, such as Kitsap
County and Mason County, to enter into cooperative agreements to more efficiently provide
services within their jurisdictions.
B. Kitsap County, through the Kitsap County Coroner's Office, is capable of providing regional
pathology and associated services for death investigations.
C. The Mason County Coroner's Office needs pathology and associated services for death
investigations which Kitsap County has the ability to provide.
D. The parties would mutually benefit from the Kitsap County Coroner's Office providing
pathology and associated services for death investigations ("Services") to Mason County
subject to the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, and the mutual promises and covenants,the parties agree as follows:
1. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative
undertaking of the parties to extend Services to Mason, identify those persons responsible
for administering the Services,and define the responsibilities of the parties as contemplated
in RCW 39.34.030.
2. ORGANIZATION.No separate legal or administrative entity is created by this Agreement
nor do the Parties intend to create through this Agreement a separate legal or administrative
entity subject to suit.
3. ADMINISTRATOR. The Kitsap County Coroner and Mason County Coroner, or their
designees,will administer this Agreement for each party, and will meet quarterly, or more
frequently as needed, for the purpose of reviewing and discussing the operations and
performance of the Services and the assigned Navigator. Neither party is intending to
assume responsibility or liability for the actions,or failures to act, of the other party and/or
their respective employees.
4. SCOPE OF SERVICES. Kitsap, through its Coroner's Office, will provide the Services
identified in Attachment A(Scope of Services)which is attached and incorporated in full
by reference. All Services will be provided based on Mason County's needs and Kitsap
County's available resources.
5. COMPENSATION. Compensation for the Services provided is set forth in Attachment B
(Compensation)which is attached and incorporated in full by reference.
6. EFFECTIVE DATE/DURATION. This Agreement shall be effective from the date this
Agreement is last executed by both parties shall remain in effect for one (1) year, unless
terminated or extended. This Agreement may be extended for additional consecutive one
(1)year terms upon the written agreement of the Parties.
7. TERMINATION. Either party may terminate this Agreement upon 15-days prior written
notice to the other.
8. PROPERTY. The parties do not anticipate the acquisition of property for the performance
of this Agreement and any property acquired by a party during this Agreement shall be
held by and remain the property of the acquiring party.
9. NONDISCRIMINATION. No party will discriminate against any person on the basis of
race, color, creed, religion, national origin, age, sex, marital status, sexual orientation,
veteran status, disability, or other circumstance prohibited by federal, state, or local law,
and shall comply with Title VI of the Civil Rights Act of 1964,P.L. 8 8-3 54 and Americans
with Disabilities Act of 1990 in the performance of this Agreement.
10. EFFECTIVE DATE/FILING. This Agreement will take effect when executed by the
parties. Prior to its entry into force, this Agreement shall be filed with the Kitsap County
Auditor's Office or, alternatively, listed by subject on the web site or other electronically
retrievable public source in compliance with RCW 39.34.040.
11. NOTICE.All notices will be delivered in writing to the Kitsap County Coroner or Mason
County Coroner. Notice mailed by regular post(including first class) shall be deemed to
have been given on the second business day following the date of mailing, if properly
mailed and addressed.Notices sent by certified or registered mail shall be deemed to have
been given on the day next following the date of mailing,if properly mailed and addressed.
For all types of mail, the postmark affixed by the United States Postal Service shall be
conclusive evidence of the date of mailing.
12. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules
and regulations pertaining to them in connection with the Services provided and matters
covered in the Agreement.
13. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to
be in the Agreement are made a part of the Agreement as if fully stated in it.
14. COUNTERPARTS. This Agreement may be executed in any number of counterparts,and
with facsimile, email or electronic signatures, all of which shall be deemed to constitute
one and the same instrument,with each counterpart deemed an original.
15. INDEPENDENT CAPACITY. The employees and agents of each party who are engaged
in the performance of this Agreement shall continue to be the employees or agents of that
party and shall not be considered, for any purpose,to be employees or agents of the other
party to this Agreement.Neither party shall have the authority to bind the other nor control
the employees,agents or contractors of the other party to this Agreement.All rights,duties
and obligations of a party shall remain with that parry.
16. CHANGES, MODIFICATIONS, AND AMENDMENTS. This Agreement may be
changed,modified, or amended,only by written agreement executed by the parties hereto.
17. NO THIRD-PARTY RIGHTS. This Agreement is intended to be solely between the
parties.No part of this Agreement shall be construed to add,supplement,or amend existing
rights,benefits,or privileges of any third party, including without limitation,employees of
either party.
18. ASSIGNMENT. The rights or obligations under this Agreement, and any claims arising
thereunder, are not assignable or delegable by either party.
19. WAIVER. A failure by any party to exercise its rights under this Agreement shall not
preclude that party from subsequent exercise of such rights and shall not constitute a waiver
of any other rights under this Agreement unless stated to be such in a writing signed by an
authorized representative of the party.
20. SEVERABILITY.The provisions of this Agreement are severable.Any term or condition
of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in
whole or in part, shall not affect any other terms or conditions of the Agreement and the
parties' rights and obligations will be construed and enforced as if the Agreement did not
contain the particular provision.
21. SURVIVAL. Those provisions of the Agreement that by their sense and purpose should
survive expiration or termination of the Agreement shall so survive. Those provisions
include,without limitation,the respective responsibilities of each party,compensation,and
indemnification.
22. HEADINGS. Headings of this Agreement are for convenience only and shall not affect
the interpretation of this Agreement.
23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties
and supersedes any other agreement or understanding of the parties relating to the subject
matter of this Agreement.
24. AUTHORIZATION. Each parry signing below warrants to the other party,that they have
the full power and authority to execute this Agreement on behalf of the party for whom
they sign.
Signatures on next page
Dated this day of202Q Dated this day of 2020
MASON COUNTY CORONER'S OFFICE KITSAP COUNTY CORONER'S OFFICE
i�
By By .. .
WES STOCKWELL,CORONER t, F E�"3 FFREY WALLIS, CORONER
Oa4.d� ; T,0.4. ts'2-vao
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
s
SHARON TRASK, Chair CHARLOTTE GARRIDO,Chair
RANDY NEATHERI LTI 1, Vice Chair ROBERT'G .DER, C mmissionner
KEVIN SHOTTY, Commissioner EDWAffD E. OLFE, Co issioner
ATTEST: A EST: 0—) M
a
Melissa DreA ry, Clerk of the Board Daniels,CK df the Board
..:��z
r�h`iy'v sp
r af7f
ATTACHMENT A
SCOPE OF SERVICES
1. Facilitv. The County maintains a facility in which autopsies and any other postmortem
examinations are performed. Some of the supplies and equipment necessary for conducting
required examinations include: protective supplies, (such as gowns, gloves, aprons, face
shields, boots, and shoe covers); containers for bodies and tissue samples; items used in
performance of autopsies (such as syringes, scalpels, scissors, forceps, chisels, knives, saws,
and photographic film); and cleaning supplies(such as soaps,detergents,and disinfectants).
2. Kitsap County will provide the following Pathology Services for Mason County which shall
include the services identified in the chart below.The associated fees for each service represent
the actual cost to Kitsap County for providing the services per deceased.
Service Fee(for each deceased person)
Autopsy, case evaluation,report $1,500.
External examination $600.
Autopsy technician services $1,075 $36.22 per hour
Transcription services $100.
Facility usage $3,500
Histology cassette services $100
Laboratory Services $75-100
X-Ray $100.
Specimen/Tissue Storage $
3. Transportation of Deceased. Mason County will remain responsible for transportation of the
deceased for all purposes. Within three (3) business days of receipt of oral or written notice
from Kitsap County that the Services have been completed,Mason County shall have the body
of the deceased removed from the Kitsap County Coroner's Office and transported to the
funeral home. The body may be picked up from the Kitsap County Coroner's Office between
8:00am and midnight.Pickups outside these hours is not permitted. Failure to remove the body
of the deceased within five(5)business days, without the prior consent of the Kitsap County
Coroner may result in the assessment of an additional fee of$50 per day.
4. AutopU/Inspection Photographs. Autopsy/inspection photographs be uploaded by Kitsap
County to the Mason County storage site at: Ftp://216.235.103.242.Mason County will be
responsible for the storage,maintenance, and retention of the photographs.
5. Specimen/Tissue Samples. Specimen and tissue samples will be returned to Mason County
for storage and/or destruction.
6. Death Investigations.Mason County will provide its own death investigation services.
7. Personal Property. Mason County will remain responsible for the retention and disposition of
all personal property of the deceased as required by law.Any personal property of the decease
received by Kitsap County with the body of the deceased will be retained in a safe location
until returned to Mason County for disposition.
8. Excluded Services.The following are services not included in the annual compensation amount
and will be assessed at an additional fee,when such services are requested by Mason County.
The fee charged will be the actual cost to Kitsap County for providing such services.
• Transportation services are$200 per incident
• Expert consultation services
• Testimony and associated costs (e.g.travel)
• Death investigation services
• External fees for services
9. Jurisdiction.The parties agree that jurisdiction of the body of the deceased is with the County
where the death occurred.
ATTAC)FII MNT B
COMPENSATION
Mason County agrees to pay an annual amount of$ 82,500 per year to be paid monthly in the
amount of $6,875 for the pathology Services provided by Kitsap County as identified in
Attachment A. The annual amount is based on historical data provided by Mason County which
may be adjusted during the calendar year to reflect an increase in the number of autopsies requested
by Mason County.
The excluded and additional fees shall be invoiced as a separate amount and are not included in
the annual compensation.
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Lydia Buchheit
DEPARTMENT: Community Services EXT: 400
BRIEFING DATE: 2/24/20
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance - Human Resources
Legal a Other — please explain
ITEM: Homes First Contract Amendment & MOU with Therapeutic Courts
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): We are doing an amendment to the Homes First Contract for the single-family home
property at 420 S. Th Street to change use from a veteran's shelter to a "group transitional home for
single adults with a veteran preference". This will enable Mason County and the therapeutic courts to
enter into an MOU with Homes First for use of the home to house therapeutic court participants
needing housing.
The MOU is an agreement of each party's responsibility in the use of the home.
BUDGET IMPACT:
Covered in current budgets
PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community
meetings, etc.) NA
RECOMMENDED OR REQUESTED ACTION:
Move to Action Agenda
ATTACHMENTS:
• Amendment 1 of Professional Services Contract: Veteran's Shelter and Permanent
Supportive Housing Facility Purchase and Rehabilitation Contract.
• MOU from Homes First for Single Family Home use by Therapeutic Courts
Briefing Summary 2/19/2020
Professional Services Contract Between
Mason County and Homes First
"Veteran's Shelter/Permanent Supportive Housing Facility Purchase and Rehabilitation Contract"
Amendment# 1
The purpose of this amendment is to change the use of one of the properties and clarify funding
regulations with corresponding roles.
IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as
follows:
1. Use
A change in use of the property at 420 S. 7th St., Shelton, WA from a "Veteran's Shelter" to a
"group, transitional home for single adults with veteran prioritization". Group Home is the term
used by the City of Shelton for zoning purposes. For the purpose of this contract Group Home
refers to a shared living arrangement.
Contractor agrees to enter into an MOU with the Therapeutic Courts for tenant referrals and
provider services per the MOU. This arrangement satisfies the housing provisions under RCW
82.14.460.
2. Special Conditions, Funding Sources: The following language is in addition to this section
of the original contract:
a. RCW 36.22.178 Item 2 a and c to serve households under 50% AMI (Area Median Income)
b. Dept of Commerce State Capital Budget 057 funds which are non-capital bond proceeds
with the only restriction that they cannot be loaned out.
C. Treatment Sales Tax: RCW 82.14.460 Item (3) Moneys collected under this section must
be used solely for the purpose of providing for the operation or delivery of chemical
dependency or mental health treatment programs and services and for the operation or
delivery of therapeutic court programs and services. For the purposes of this section,
"programs and services" includes, but is not limited to, treatment services, case
management, transportation, and housing that are a component of a coordinated
chemical dependency or mental health treatment program or service.
ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent
amendments hereto remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the
day of 12020.
CONTRACTOR MASON COUNTY
Trudy Soucoup, Executive Director Sharon Trask, Chair
Homes First Mason County Board of County Commissioners
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
} Homes First
�� • $: ' E; „ Creating&Maintaining Safe,Healthy
&Affordable Rental Homes
A 501(c)(3)Nonprofit
Memorandum of Understanding
Between the Mason County(hereinafter MC),for the Therapeutic Courts(hereinafter MCTC), and_
Homes First(hereinafter Homes First).
PURPOSE:
The purpose of this MOU is to demonstrate a shared commitment by Homes First and Mason
County to impact MCTC participants needing supportive (treatment) housing services. The primary
goal of this partnership is to assist MCTC participants in achieving stability through the provision of
transitional, supportive housing. It is the intention to house three (3)to six(6) people in the home.
BACKGROUND:
1. Homes First owns and manages a home at 420 S 7th Street,Shelton, WA. This home was
purchased with a combination of funds from Homes First, Washington State, and Mason
County with the intention of it being a shared home for homeless Veterans with services
provided by the Mason County Veteran Mentor program. An amendment to this agreement
was instituted in 2020 for other single adults who need a supportive group home setting to be
served in partnership with the MCTC program.
2. MCTC has participants who are in need of transitional,supportive housing. MCTC participants
must abide by terms and conditions of a contract with MCTC and a court-ordered service plan
which includes, but is not limited to,attendance at court hearings,enrollment and participation
in a chemical dependency or mental health treatment program, law abiding behavior and no
drug or alcohol use.
3. This house is to not be construed as a 24/7 residential house setting. The designation of the
house is for independent living in a transitional setting.
THEREFORE:
1. Homes First agrees to rent a home located at 420 S 7th Street,Shelton,WA to MC. The home is
intended as a recovery support service to provide transitional, supportive housing to eligible
individuals participating in the MCTC program.
2. The MCTC shall select eligible individuals who meet the criteria for these services and are active
participants in a MCTC program. Housing eligibility will be established by MCTC.
3. The MCTC will refer eligible participants in a manner that ensures maximum use of all
bedrooms.
Homes First I MCTC-Memorandum of Understanding Page 1 of 6
.,
POLICIES AND PROCEDURES:
A. Responsibilities of Individual Agencies
Homes First is responsible for the following major duties:
1. Ownership and overall management of property;
2. Financial management and record keeping for Homes First;
3. Maintenance and upkeep of the building and external grounds, including routine cleaning
and yard care and snow removal but not including internal routine cleaning
4. Development of all operating procedures related to the house and yard.
5. Specifically,these duties are defined as follows:
a. Maintain and manage all contracts, liens and agreements relating to the property
including financial records;
b. Operate the building, collect rents, pay operating expenses and supervise
maintenance operations;
C. Manage and maintain all interior repairs and exterior upkeep;
d. Ensure the property is kept in good condition and that all necessary non-program
services are provided, e.g. utilities, property insurance, maintenance and
replacement, etc.
e. Conduct and coordinate inspections of the property during normal business hours,
with due notice to participants and MCTC
MCTC is responsible for the following major duties:
1. Function as the gatekeeper for the assignment of individuals to the housing units.
2. Maintain a current roster of participants assigned to the housing unit and provide copy to
Home First
3. Participate in a problem-solving group with Homes First and MCTC regarding any issues
that arise as the result of any participant's use of the house.
4. Develop house rules and internal operating procedures.
5. Report in writing to Homes First any damage caused to its property, whether accidental
or through negligence,within five (5) business days of learning of said damage.
6. Collect and retain any fees paid by participants.
7. Obtain the signatures to this document.
B. Decision Making Process
1. Decisions regarding the overall operation of the property will be made by
representatives of the agencies involved in this MOU.
2. MCTC and Homes First will meet at a minimum every six months to review the ongoing
condition of the home and develop plans for repair or maintenance if home is in need of
repair beyond normal wear and tear. Unresolved matters will be addressed through
mutually agreed upon mediation.
3. Homes First will work with MCTC to coordinate meetings as needed to review progress,
to problem solve issues that arise, and to incorporate needed changes in operation.
Homes First I MCTC-Memorandum of Understanding Page 2 of 6
Ea.,
C. Orientation
Orientation will be conducted by MCTC staff, and will include the following:
a. Thorough review of the house rules requirements
b. Explanation of management's rights of access
c. Grievance procedures
d. Energy conservation information
e. Rules regarding use of community space
f. Move out procedures
g. How to request maintenance work
h. Safety guidelines
i. Emergency and disaster procedures.
j. Homes first will provide guidance as needed and as requested by MCTC
D. Facility Use Fee
MCTC shall pay a monthly fee of$1000 which will include utilities but not telephone,TV or
internet connection or use fees.
E. House Rules
All participants shall follow the Rules and Regulations/Responsibilities of the House as
established by MCTC, which shall include that Illegal substance use will not be tolerated on
site.
F. Safety
Safety rules will be developed by MCTC and Homes First and will include:
a) Fire regulations
b) Public health regulations
c) Smoking policy
d) Behavior which constitutes a hazard to others, including other participants and
neighbors
e) Policy on keys
f) Neatness of common areas and halls
g) Nonviolent conflict resolution
h) Banning weapons
i) Abusive language and violence
G. Maintenance
Maintenance requests should be made in writing via email or verbally via the telephone.
Telephone requests should be immediately followed up with an email or letter request.
Maintenance requests will be prioritized according to the following:
1. Priority One:
a. Items affecting the health and safety of the participants or affecting damage to
property or interruption of the following services:
i.hot or cold running water,electricity or gas, adequate heat, plumbing,garbage
removal
Homes First I MCTC-Memorandum of Understanding Page 3 of 6
FW4 xWSNL
(p.ORlUxrtv
b. Inability of the following appliances to function: refrigerator and stove.
c. Glass breakage, wherein the participant is deprived of security and/or loss of heat.
d. All repairs of nature which, if left unrepaired would expose people to personal injury.
e. All repairs involving hazardous materials must conform to the hazardous materials
management policy and should not be without approval from Homes First.
Homes First will make every attempt to correct the problem within 24 hours of notification by
email,fax or phone.
2. Priority Two:
Important maintenance requests which are of an inconvenient nature to the participants
and affect the suitability of living conditions and comfort of the participants. Minor but
necessary repairs, adjustments, replacements such as:
a. missing towel bars
b. missing floor tile
c. inoperative kitchen or bathroom exhaust fans
Priority Two items will be scheduled for repair within 30 days of notification.
3. Priority Three:
1. Cleanliness of the grounds and exterior areas.
2. Normal maintenance of items of a cosmetic nature such as replacement of
chipped tile, bent towel bars, etc., that is of a routine, minor, nonhazardous
nature.
3. Preventive maintenance items which include maintenance acts which lengthen the
life of major operating equipment including, but not limited to, cleaning out boilers
or water heaters, oiling motors, changing filters, and cleaning rain gutters.
Priority Three items will be scheduled for regular maintenance and repair on an annual basis.
H. Modifications
Proposals for modifications may be made by MCTC on behalf of participants, per HUD
reasonable modifications guidelines and will be implemented by Homes First. ADA based
requests will not be unreasonably refused by Homes First.
1. Non-Discrimination Statement
All parties affirm that participants shall not be discriminated against on the basis of race, color,
religion, age,gender, sexual orientation, marital status, national origin, or mental, physical or
sensory disabilities.
J. Amendments
This agreement may be revised at any time by written agreement and signature of all the parties.
K. Terms and Termination:
1. The effective date of this MOU will be upon the final signature of the parties to
Homes First I MCTC-Memorandum of Understanding Page 4 of 6
E ,�R.
this MOU it shall remain in effect until it is terminated in accordance with the terms
of this MOU or in the case that the MCTC no longer has sufficient funding or eligible
participants to reside in the home. Either party may seek revision or termination of
this agreement with sixty(60) days written notice to the other party. Termination
within the first six(6)years shall only be for cause, substantial change as to MCTC or
funding shortfall.
2. This home will remain in service for its intended Purpose (page 1)for a minimum of
six(6)years provided that the MCTC remains in operation in its current configuration.
If the MCTC is replaced or substantially changed in operation,the terms and
conditions will be renegotiated at no cost or impairment of business to Homes First.
Homes First will retain ownership of this property.
3. Damage or Destruction of the Premises. If the Premises are destroyed or damaged by
fire, the elements, or other causes to an extent rendering the same untenable, this
agreement shall terminate,without liability of either Party to the other for termination
of this agreement, but not affecting any other rights of each. Any proceeds from an
insurance or other settlement that are not otherwise obligated shall be returned solely
to Homes First to meet its financial and compliance obligations.
Homes First I MCTC-Memorandum of Understanding Page 5 of 6
Ea.,
The parties to this Agreement hereby signify their mutual acceptance of all terms and
conditions of said Agreement, as specified above, and to be implemented upon all
parties signatures below:
Homes First
5203 Lacey Blvd SE,Ste.A Lacey,WA 98503
360-915-7513
ceo@homesfirst.or�
By:
Trudy Soucoup,Chief Executive Officer
Date:
Mason County
By:
Name,Title
Date:
Mason County Therapeutic Courts
By:
Name,Title
Date:
Approved as to form
By:
Tim Whitehead,Chief Deputy Prosecutor
Date:
Homes First I MCTC-Memorandum of Understanding Page 6 of 6
-AL 0U5xG
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kell Rowen
DEPARTMENT: Planning EXT: 286
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES: None
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal X Other— please explain Support Services
ITEM: Boundary Validation Program (BVP)
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): The BVP gives Mason County the opportunity to ensure that the US Census Bureau has
the correct legal boundary for Mason County.
BUDGET IMPACT: None
PUBLIC OUTREACH:(include any legal requirements, direct notice,website,community
meetings, etc.) None
RECOMMENDED OR REQUESTED ACTION: The Chair of the BOCC shall sign the 2020
Initial Boundary Validation Program (BVP) indicating that the official legal boundary for
Mason County, Washington is correct as shown.
ATTACHMENTS: BVP information.
Briefmg Summary 2/18/2020
4,t of COvt
a UNITED STATES DEPARTMENT OF COMMERCE
BVP-L3-1 U.S. Census Bureau
(9-2019) 4Q Office of the Director
OMB Control No.:0607-0151 o �,4715 of P��_ Washington, DC 20233-0001 Mail Stop 7400
Expiration Date: 11-30-2021
January 2020,
Sequence: 022466-001400
Mr. Kevin Shutty BAS ID: 25304500000
Chairman
Board of County Commissioners
411 N 5th St
Shelton, WA 98584
A Message from the Director, U.S. Census Bureau:
The U.S. Census Bureau is now conducting the Initial Boundary Validation Program (BVP). The Initial BVP is
your opportunity, as the Highest Elected Official, to review the Census Bureau's boundary data to ensure the
Census Bureau has the correct legal boundary, name, and status for your government. The Census Bureau
uses this boundary information to tabulate data for the 2020 Census.
The Initial BVP package includes an Initial BVP form and paper maps, or a CD/DVD containing maps, for your
government. The maps should reflect the legal boundary for your government effective on January 1, 2020.
Please review our depiction of your legal boundary for accuracy and return the completed
Initial BVP form by March 1, 2020. Return the completed Initial BVP form by email at
<geo.bas @census.gov>, by fax (1-800-972-5652), or using the enclosed postage-paid envelope.
The Initial BVP is conducted in parallel with the 2020 Boundary and Annexation Survey (BAS). Your state
participates in a BAS state agreement, so your state BAS contact is responsible for submitting updates to the
BAS on behalf of your government. If any information is incorrect, please work with your state BAS contact to
submit corrections. Contact information for your state's BAS contact is printed below. If boundary updates are
submitted to the BAS by March 1, 2020, you will have an additional opportunity to verify your government's
boundaries prior to the final data tabulation for the 2020 Census. Changes received after March 1, 2020 will
be used to correct the boundary, but we will not have sufficient time to send you an updated map before final
data tabulations.
State BAS Contact Information
Our records indicate your state BAS contact is:
Name: Mr. Mike Mohrman
Position: State Demographer
Department: Financial Management, Forecasting & Research Division
Mailing Address: PO Box 43124
Olympia, WA 98501
Phone: 360-902-0599
Email: pop.annexations@ofm.wa.gov
Please contact the Census Bureau with questions about the BVP or BAS through email at
<geo.bas@census.gov>, by phone at 1-800-972-5651, or visit our website at
<https://www.census.gov/programs-surveys/bas/information/bvp.html>. Thank you for your participation
in the Initial BVP.
Enclosures
United States- United States"
l.ensus Census
1311reali 2020 census.gov
Boundary Validation
Program BA
9?'va`3
What is the 2020 Boundary What is the Boundary and
Validation Program (BVP)? - ,i, Annexation Survey (BAS)?
The BVP provides Tribal Chairs(TCs)and F'?> - Every year, the Census Bureau
Highest Elected Officials(HEOs) of eligible tribal, conducts the BAS to collect
state,and local governments a final opportunity to information about selected
ensure the U.S. Census Bureau has the correct legally defined geographic areas.
legal boundary, name, and status for their The BAS invites governments to
government.The Census Bureau will use this report official name changes,
information to tabulate data for the 2020 Census.
(dis) incorporations, and
The BVP validates the creation, dissolution, and changes (de) annexations. Governments
can also update boundaries,
in boundaries for:
• All federally recognized tribes with reservations and/or off-reservation trust land. features, and landmarks for:
• All actively functioning counties or county equivalents.
• Incorporated places (including consolidated cities). Federally recognized tribes with
• All functioning minor civil divisions. reservations or off-reservation
• Municipios, barrios, barrio-pueblos and subbarrios in Puerto Rico. trust lands.
.How does the BVP relate to Boundary and Annexation Survey (BAS)? Cities, towns, boroughs, and
The BVP.is conducted every (10) years to provide TCs and HEOs the opportunity to villages (incorporated places).
review the boundary data collected during the BAS.The program is administered in two Townships and towns (minor
phases(Initial BVP and Final BVP)and runs in parallel with the 2020 BAS. TCs and
HEOs will receive BVP materials approximately (2) weeks after the BAS contact civil divisions).
receives the 2020 BAS annual response e-mail or.letter. This provides TCs and HEOs an Counties (or county
opportunity to review their legal boundary to verify or provide corrections prior to the
2020 Census. If boundary corrections are required,TCs and HEOs are instructed to equivalents).
work with their BAS contact to provide updates through the 2020 BAS. j Consolidated cities.
• Roads and other applicable
How does the BVP benefit you? features.
The U.S. Census Bureau uses legal boundaries collected through the BAS to tabulate
data for the 2020 Census.
Responding to the BVP ensures that tribal, state, and local governments have the most
accurate boundary data available for the tabulation of the 2020 Census housing and
population counts.This data is the base for ongoing programs suchas the American
Community Survey and Population Estimates Program. Government agencies and
other groups use this tabulated data to allocate$675 billion of government funds to
communities across the country. Legal boundary data is also made publicly available
and is used by federal agencies, researchers,and the public.
—� Contact Information
jAccurate boundaries allow
us to count your communi -mail Address:
�rEsidents accurately,_ eo.bas@census.gov
naccurate count help' deral Phone Number: 1-800-972-5651
vernment allocate more than
Yotion in the B 675 billion in federal funds annually
[: helps the Census Bureau ` r programs and services—including Web site:
continue to produce accura kucation,housing,health care = https://www.census.gov
data,which directly affects the ° rvices for the elderly,job training,
m /programs-surveys/bas/information
transand more.
/bvp.html
United States® U.S. Department of Commerce Connect with us
Census U.S.CENSUS BUREAU @uscenSusbureau
census.gov
Bureau
How to participate?
The BVP is conducted in two phases, Initial BVP and Final BVP. During .
each of these phases, TCs and HEOs are instructed to work with their BAS
contact to review and update their government's boundary, name, and status
information.TCs and HEOs do not need to register to participate in BVP.The ■ ■
materials will be provided automatically. ■
■
Initial BVP ■ ■
The Initial BVP materials include an Initial BVP letter, form, and paper maps or a
CD/DVD containing PDF maps.The maps should reflect the legal boundary for the
government effective on January 1, 2020.TCs and HEOs are instructed to review the
Census Bureau's depiction of the legal boundary for accuracy and to return the ;Schedu e
completed Initial BVP form by March 1,2020. January 1, 2020—Legal boundary
updates must be in effect on or
If the information is correct, no further action is required. `before this date to be included in
the 2020 Census.
If any information is incorrect, TCs and HEOs should work with their BAS contact to
submit corrections through the 2020 BAS. If boundary updates are submitted to the nuary 2020—BAS and Initial
BAS by March 1, 2020, TCs and HEOs will have an additional opportunity to verify their
BVP materials will be mailed.
government's boundary prior to final data tabulation for the 2020 Census. Changes
received after March 1, 2020 will be used to correct the boundary, but there will not be March 1, 2020—Boundary
sufficient time to send updated maps before final data tabulations for the 2020 Census. updates submitted by this date
Final BVP will receive Final BVP materials
The Final BVP provides an opportunity for TCs and HEOs to review recent boundary to provide governments an
updates provided through the 2020 BAS. Only governments that reported corrections opportunity to confirm that the
to the 2020 BAS on or before March 1, 2020 will receive Final BVP materials.The Final orrect legal boundary is used
BVP materials include a Final BVP letter,form, and a paper map or map index sheet. for 2020 Census data
The maps should reflect the legal boundary for the government effective on January 1, tabulations.
2020.TCs and HEOs are instructed to review the Census Bureau's depiction of the legal
boundary for accuracy and to return the completed Final BVP within five (5) business May 31, 2020—Boundary
days. updates sent by this date will
be reflected in the 2020
If the boundary is correct, no further action is required. Census.
If any information is incorrect,TCs and HEOs should work with their BAS contact June 2020—Final BVP materials
to submit corrections, within five (5) business days of receipt of materials. will be mailed. Participants have
until July 2020 to respond with
Responding with boundary updates is easy. updates or approval of the legal
The Census Bureau provides multiple free, user-friendly methods for the BAS contact boundaries.
to report boundary corrections through participation in BAS.
• Paper option: Participants can request free paper maps and annotation
materials from the BAS Web site.
• Basic digital option:The Geographic Update Partnership Software (GUPS)
is a free, customized Geographic Information Systems (GIS)tool. It was
specifically developed for people who do not have geographic training or are
not experienced GIS users. Please note that the GUPS option will not be
available to report boundary updates during the Final BVP phase.
• Advanced digital ootion: Experienced GIS users have the opportunity to
download shapefiles from the BAS Web site and make updates using their '
own GIS software (e.g., ArcGIS).
r
Id I
Version 7, 7010912079 _
#ANT OF CO,
FORM BVP-FI-11 aW� arm UNITED STATES DEPARTMENT OF COMMERCE
(10-10-2019) , , U.S. Census Bureau
OMB Control No.:0607-0151 i ` Office of the Director
Expiration Date: 11-30-2021 �L4rEs��. Washington, DC 20233-0001 Mail Stop 7400
BAS I D: 25304500000
Sequence: 022466-001400
2020 Initial Boundary Validation Program (BVP)
The U.S. Census Bureau is now conducting the Initial BVP. The Initial BVP is your opportunity, as the Tribal
Chair (TC)/Highest Elected Official (HEO), to review and ensure the Census Bureau's boundary data for your
government is accurate. The enclosed paper maps or maps on the CD/DVD should reflect the legal boundary
for your government effective on January 1, 2020.
Please review the maps for accuracy, then complete and return this form to the Census
Bureau by March 1, 2020. (Please check a box. Sign below if the boundary is correct.)
XThe legal boundary for our government is correct. (Please sign below.)
❑ The legal boundary for our government is NOT correct.
I, as the Tribal Chair/Highest Elected Official, verify that the boundary for our governmental unit is
correct.
Signature:
Print Name:
Date:
Tribal Reservation/Government Name: Mason State: WA
If the Census Bureau's boundary is incorrect, please work with your Boundary and Annexation Survey (BAS)
contact to submit corrections through the BAS program. Information for your BAS contact is found on the cover
letter in this package.
Please review and correct the contact information printed below. Our records indicate the TC/HEO contact is:
Name: Mr. Kevin Shutty
Position: Chairman
Department: Board of County Commissioners
Mailing Address: 411 N 5th St
Shelton, WA 98584
Phone: 360-427-9670
Email: kevins@co.mason.wa.us
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cUnited States' Census
ensus 2020 census.gov
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BVF-FI-I(10-10-2019)
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Lydia Buchheit
DEPARTMENT: Community Services- Community EXT: 400
Health
BRIEFING DATE: 2/24/20
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance [: Human Resources
Legal E Other — please explain
ITEM: Request Grant writer assistance and compensation from County to apply for Health
Resources Services Administration (HRSA) grant for Rural Communities Opioid Response
Program due April 24, 2020 for 1,000,000 for 3 years.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): Public Health and our community partners, Mason General Hospital, Peninsula
Community Health Services and North Mason Regional Fire Authority applied for this grant about 18
months ago and received 88/100 points only marked down on two questions. We would update the
application, have the grant writer review the entire app to see where we could improve and submit it
for us. All partners have showed an interest in re-applying and are reviewing to previous submittal to
update their parts of the application.
BUDGET IMPACT:
Funding the grant writer probably under $1500- There is no match requirement for this
grant.
PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community
meetings, etc.)
NA
RECOMMENDED OR REQUESTED ACTION:
Approval of contracting with grant writer
ATTACHMENTS:
None
Briefing Summary 2/19/2020
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Alex Paysse
DEPARTMENT: Community Services, EXT: 279
Environmental Health
BRIEFING DATE: 2/24/2020
PREVIOUS BRIEFING DATES: 7/15/2019, 8/5/2019, 12/9/2019
If this is a follow-up briefing, please provide only new information
ITEM: Water Quality Program
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
See attached.
PUBLIC OUTREACH: (Include any legal requirements, direct notice,
website, community meetings, etc.)
Have spoken to several stakeholders about this proposal during multiple public
meetings. Public outreach efforts will continue.
BUDGET IMPACTS:
None currently
RECOMMENDED OR REQUESTED ACTION:
See attached recommendations and options. Continue discussion and path forward
ATTACHMENTS:
Staff report, county comparison chart, 2019 DOH early warning system, SWTF
recommendation pages, Jefferson Co. Ordinance, Skagit Co. ordinance.
Briefing Summary 2/19/2020
2/19/2020
Situation
Water Quality work is entirely funded by state and federal grants that are increasingly more
competitive and time consuming to obtain. All recent efforts are in response to downgraded
harvest areas after water quality has declined and/or illness' are reported. Mason County needs
a reliable funding source that provides staff the ability to be proactive with water quality activities
to protect public health and reduce shoreline contamination prior to illness occurring.
Shellfish Protection Districts are required when downgrades occur and require staff time
towards creation and administration of each district separately. As more districts are created,
more unfunded requirements and strain are placed on an already funding deprived program.
Background
Mason County is home to over 200 miles of marine shoreline and 25,000 acres of commercial
shellfish growing area. These growing areas are farmed by 86 local shellfish companies/tribes
and shipped out worldwide to consumers. Mason County residents and visitors rely on safe,
reliable and clean water.
Washington State Department of Health monitors and regulates these shellfish growing areas to
protect public health. When high fecal coliform samples and/or food borne illnesses are
reported and traced back to Mason County beaches, downgrades occur. Upon notice of
downgrades, the county legislative authority must create a Shellfish Protection District and
program to address causes or suspected pollution sources (ref RCW 90.72.045).
Response to downgrades involves water quality investigation typically referred to as Pollution
Identification and Correction or PIC. Mason County Public Health (MCPH) staff investigates
non-point pollution sources including, septic systems, pet waste, stormwater, agriculture, and
wildlife. Through public education, investigative sampling, resource connections, and
enforcement activities MCPH staff works hard to improve water quality in these downgraded
areas. Funding for MC PIC and water quality work is primarily funded by state and federal
grants. These opportunities are project based and typically geared towards response to already
downgraded areas or SPDs
Mason County has responded to several downgrades and created multiple shellfish protection
districts in the past. Currently there are 7 Shellfish Protection Districts dating back to 1993 (see
exhibit A).
• Lower Hood Canal Shellfish Protection District (1993, 48-93/81-94)
• Totten/Little Skookum Clean Water District (1993, 104-93)
• North Bay Clean Water District (1994, 134-94/ 03-95)
• Oakland Bay Clean Water District (2007, 49-07)
• Annas Bay Shellfish Protection District (2008, 08-06)
• McLane Cove Shellfish Protection District (2016, 07-16)
• Big Bend Shellfish Protection District (2016, 08-16)
These districts encompass a large area of the county already and in places overlap.
Assessment
Current program is more project based and mostly dependent on downgrades occurring in order
to secure funding for work. While grant opportunities are there for work within Shellfish
protection districts, it is competitive and leaves unfunded gaps. Program is reactive vs proactive
towards public health concerns in relation to shellfish harvesting.
Recommendations
1. Staff proposes re-establishment of all Mason County Shellfish Protection [Clean Water]
Districts into a single district model. Boundaries for this district would encompass all Mason
County areas that are hydrographically linked to a Mason County marine shoreline (see exhibit
B).
Benefits of this new established single-district include:
• Reduced staff time in response to downgrades
• Clear path for stakeholder and citizen involvement
• Unified committee of stakeholders interested in improving water quality
• Reduced administration of district committees
2. Staff would like to further propose two options for funding water quality work within the single
district model. The table below uses a proposed program cost of$400,000. This is based off
the extensive budget work completed in 2012 from the Storm Water Task Force (SWTF). At
that time, it was estimated a program cost of$670,438. Staff has worked this budget further to
simplify and reduce costs to a minimal program. See excerpts from final SWTF
recommendations for program descriptions and example of services.
Estimated No. Estimated Estimated
of Parcels* Parcel Fee Revenue
Option A: County tax revenues
Health Department budget would be supplimented NA $0.00 $400,000
with county funds dedicated towards WQwork
Option B: Parcel service fee
Assess a parcel service fee per RCW 90.72.070,taking 47,000 $8.50 $400,000
into account exemptions within.
*Estimated number of parcels are based on proposed CWD boundaries (Exhibit B) and parcel
overlays, exclusions based on land use designations and tax-exempt status per RCW
90.72.070.
Two other counties have taken the county-wide clean water district approach with parcel fees,
Jefferson and Skagit. Jefferson Co Clean Water program has a $25 parcel fee. Skagit Co.
Clean Water program has a $45-150 parcel fee. Other Puget sound counties with shellfish
protection districts have used other means of funding clean water programs. See attached
county comparisons.
Exhibit A: Existing Shellfish Protection [Clean Water] Districts
l
J
i
i
f
Lower HC
Big Bend
North Bay
� r1 McLane C.
Annas Bay
Oakland Bay
'th
Totten LS
Exhibit B: Proposed Mason County Clean Water District
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o -
�a
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Current Stormwater District Clean Water District
SPD s? County Wide SPD Assessment Assessment General Budget Support State and Federal Grants
Mason County Yes Multiple SPDs - - - Yes Relies on Grants
Jefferson County Yes County SPD $25-SF Yes
County CWD for eastern half of county,Program uses CWD fee in
- -
combination with grants
Skagit County Yes County SPD - $45-SF/$130-MF - Yes County-wide CWD,ran by Pworks,also utilizes grants
Thurston County Yes Multiple SPDs - Yes,Varies - Yes Two SPDs. Funding provided by a CD assessment,amounts vary depending
on land use and program needs
Clallam County Yes Single SPD - - - Yes Relies on Grants
Pierce County Yes Multiple SPDs $116-SF - - Yes SWM Tax,stable funding for program,some grant funds also
Kitsap County No No SPDs $105-SF - - Yes SWM Tax,stable funding for program,some grant funds also
Snohomish County Yes County SPD $90-SF - - Yes urge SPD,that recently was combined under the Surface Water
Management district.Fee amount depends on property location,UGA,
King County No SPDs $171-SF - - Yes SWM Tax,stable funding for program,some grant funds also
San Juan County No SPDs - No SPDs
Island County Yes Single SPD - - - Yes Single SPD,now inactive,was funded by grants.
Whatcom County Yes Multiple SPDs No No Yes(1 FTE) Yes Mostly relies on Grants,but a county flood tax funds one shellfish position.
•All based on DOH C.Shellfish map and data online.Other inactivated or very recent SPD and funding mechanisms may exist.
2019 Mason County: Water Ouality Early Warning System Report
Shellfish Programs I Office of Environmental Health and Safety I Washington State Department of Health
This report defines specific locations where marine water quality is impacted and may require a change to the commercial growing area
classification. We're providing this information as a first step towards identifying and correcting pollution problems.
The National Shellfish Sanitation Program prescribes two methods to evaluate bacteria levels in shellfish harvesting areas: Systematic Random
Sampling (SRS) and Adverse Pollution Conditions (APC). Both use a minimum of 30 samples. With the SRS method, the estimated 90th percentile
cannot exceed 43 fc/100 ml. With the APC method, no more than 10% of the samples can exceed 43 fc/100 ml. If either of the predefined
methods is exceeded, no shellfish can be directly harvested from the area around that marine water station.
Definitions
Failing - These marine water sampling stations do not meet the shellfish area water quality standards for safe harvesting. The classification of
the shellfish harvesting area must be downgraded.
Threatened- These stations are currently meeting the standards; however, they are near "failing," or existing shoreline pollution sources have
been identified that may impact public health if not appropriately managed. "Threatened" status is assigned to water sampling stations with
estimated 90th percentiles between 30 and 43 fc/100 ml or if more than 6% of the samples have exceeded 43 fc/100 ml.
70
Shellfish Growing Area Status Fecal Coliform Rolling Estimated 90th
GROWING AREA MARINE WATER STATION 65 Percentiles for Mason County*
NAME FAILING THREATENED 60
Annas Bay 314
ss
Hood Canal 6 225
North Bay 1, 12, 575 so
Oakland Bay 129, 615 as
—Failings43Fg100mU - - - - - - - - - - - — — — — — — — — — — — — — - - — — — —
Pickering Passage 52156, 67 c ao
Shellfish Programs Contact ; o
3s
I,
;hmeMnSWtt04vHmmtnt
H
] ]]�� Threatened(30 FC/100ml.
Trevor Swanson
k11�11ZLlL E 30 - - - - - - - - - - - - - - - - - - - - - - - -
-
Restoration Program 0 25 _I
Trevor.swanson(CDdoh.wa.gov
(360) 236-3313 20
1s
2018 Growing Area Annual Reports:
http://www.doh.wa.clovZCommunityandEnvironme 10
Station
nt Shellfish/Growin Aq reas/AnnuaIReports 5 —314 —225 —1 12 —575
*Station 314 includes data collected
during all5kokomish River conditions —615 —129 —52 56 —G7
Current Area Classifications & Water Quality o _ -..
www.doh.wa.govZcommercialshellfishmap 11312 11313 1Go 1015 1016 1011 101$
Mason County Commercial Shellfish Pickering
Growing Areas Passage 848
654 586
55 68 56 •
679
North
762Bay 72.71
75 71 69
4 60
2 6P4
15 53
11 59 0
Z �
1 84
1 q 81
63 3
9
Oakland Bay
213 214 231 614
129
127 758
126.125
48'- 121
196
195300 225 �24
Annas .1.7..,-
197 223 858
Bay _206 309 ,.._.128
29s 198 292. 120 119
314 - 639 ■j15
116
Hood Canal
#6 4 695 668 663 662 103 10_2
766 OS 104 11 ' 101
SWTF Recommendations —August 2012
Clean Water Program
The Process
SWTF members were first presented with a gap analysis prepared by the consulting firm of
Otak, Inc. that compared current activities (current program) with anticipated future needs and
regulatory requirements (an "NPDES-type" program). Otak also prepared Technical
Memorandum#1A describing several potential revenue sources that could fund the program.
This information was shared with the public during three workshops held during June 2011. The
result was that the Clean Water Program was re-defined by the SWTF after considering several
different options other than the "NPDES-type" program. A briefing paper was prepared for
each potential element describing current activities, previous work and results, what work will
continue once grants expire, and why it's important. Representatives from county
departments, WSU Extension and Mason Conservation District (who helped prepare the
briefing papers) attended meetings to present information and answer SWTF questions.
Options considered
The briefing papers also presented options for levels of effort, associated cost to implement,
and how the options compare with existing levels of effort. SWTF members considered 2—4
levels of effort for each of the program elements ranging from "low" (usually representing what
can be done with existing revenues) to "high" (anticipating future NPDES permit requirements
and implementing adopted watershed and other plans). For most, a "medium" level of effort
was selected that is quite similar to past efforts.
SWTF Program Recommendation
A table summarizing the recommended Clean Water Program elements and annual
expenditures (Table 1) can be found on page 2. The far left column describes each of the eight
elements that make up the Clean Water Program, followed by a column accounting the
recommended average annual expenditure for each element that will require new revenues.
The last column includes this information:
■ A general statement of how the recommendation compares to past levels of effort;
■ Brief key points made by the SWTF;
■ How program costs may be impacted by a future NPDES permit; and
■ The likely lead for carrying out the program element.
A description of each individual Clean Water Program element can be found on pages 3—11.
Page 1 of 15
SWTF Recommendations-August 2012
Table 1
ANNUAL
CLEAN WATER PROGRAM ELEMENT EXPENDITURE' NOTES
Public Education and Outreach:Provide for $160,000 Sustain the historic level of service;complete a detailed education/outreach plan before approving new funding;continue to seek grants to leverage
volunteer training and coordination,youth and annual funding above$160k;high value for a relatively low cost when compared to other program elements;can potentially reduce impacts on County
adult education programs,education infrastructure,enforcement needs,maintenance and retro-fit costs. Costs may increase with future NPDES Phase II permit compliance. Service provided
materials,and citizen involvement. by WSU Extension and Mason Conservation District.
Development Regulations:Adopt,inspect,and $125,000 Restore historic level of service;restore a previously funded code compliance position and provide selective plan review and project inspections;continue
enforce standards for new and re- use of checklists and inspection by others(engineer of record);conduct a development code,process and fee evaluation;clean-up code language but do
development. Ensure they are fair, not write or adopt new codes at this time;ensure department efficiency and competence. Costs will increase with future NPDES Phase II permit
predictable,and delivered competently and compliance to provide required plan review and inspections for new and re-development projects.Service provided by Mason County Community
efficiently. Development.
Technical Assistance:Provide smaller-scale $220,000 Decrease historic level of service Z;assistance to help restore existing degraded sites;continue to seek grants to leverage annual funding to historic annual
stormwater retro-fit and non-point source expenditure of$400k;can potentially reduce impacts on County infrastructure,enforcement needs,maintenance and retro-fit costs.Service provided by
control project assistance to homeowners and Mason Conservation District.
businesses.
Water Quality Monitoring:Test water bodies $390,000 Increase the historic level of service;includes conducting ambient and PIC(Pollution identification and Control)monitoring on a strategic,County-wide
on a watershed rotation and perform follow- basis;develop a monitoring agreement with partners(Tribes,City,others);develop volunteer monitoring component to reduce costs and increase
up testing and corrective action. knowledge and stewardship;coordinate with other monitoring efforts(DOH,DOE). Costs will increase with future NPDES Phase II permit compliance to
Include required stormwater and effectiveness monitoring. Service provided by Mason County Public Health,and potentially partners and volunteers.
On-Site Septic System Operation and $280,000 Sustain the current level of service by including all aspects of the on-site program;must go hand-in-hand with Water Quality Monitoring;new funding is
Maintenance:Inventory,track,and assess required to maintain the current level of service because grants and budget appropriation of Rural Counties Sales and Use Tax(0.09 funds)will disappear
system maintenance. Provide education, shortly;visible,on the ground results particularly when coupled with the PIC program above. Service provided by Mason County Public Health,and
training and incentives. potentially partners and volunteers.
Public Works Operation and Maintenance: $0 Sustain the historic level of service°;recognize that maintenance budget will increase over time as more stormwater facilities are added;perhaps budget
Inspect and maintain drainage systems could decrease through education/outreach efforts;be mindful of future NPDES permit requirements. Costs will increase with future NPDES Phase II
associated with county road system.' permit compliance.Service provided by Mason County Public Works.
Stormwater Retro-fit Construction:Design $75,000 Provide a similar or slightly lower level of service than current efforts';develop a prioritized Capital Improvement Project(CIP)list before implementing;
and construct larger-scale projects to improve carry out with project partners(Tribes,City,WSDOT,Salmon Enhancement Groups,UO's,others);funds will leverage grant and/or partner funds to
water quality,and reduce flooding and construct projects-for example$75k can be used as local match for a$300k project.Service provided by Mason County Public Works or project partners.
erosion. Planning,design and construction could be performed by consultants and contractors.
Program Management,Planning and $180,000 Sustain the current level of service by establishing a permanent full-time position to coordinate a Clean Water program and"0.33 FTE for accounting and
Reporting:Manage,plan and coordinate all reporting services. Dedicate-$50,000 to implement Watershed Action Plan and TMDL priorities,or use as grant match for detailed basin planning. Costs
program components and partners;provide will increase with future NPDES Phase 11 permit compliance to implement TMDL requirements and provide additional permit-required reporting.Service
program accounting and reporting. provided by Mason County Public Works.
Recommended program expenditure is slightly greater than past average annual expenditures.
Recommended Clean Water Program Total $1,430,000 Recommended program expenditure is greater than adopted Stormwater Management Plan recommendations requiring$1.1 million in new revenue.
Recommended program expenditure is-40%less than an"NPOES-type"program,estimated to require$3.8 million in new revenue.
Recommended program expenditure is about twice the amount anticipated to be funded through grants and local revenues in the near-term.
1 This represents an estimate of annual new funding needs. It does not include existing revenues,because for the most part existing revenues are grants or other sources that will end in 2012/2013.
'Mason Conservation District average annual expenditures have historically been^$400,000 and funded by the WA State Conservation Commission.This revenue source was significantly reduced in 2011 and reductions are expected to continue.
'This does not include maintenance of private drainage facilities such as subdivision ponds,systems outside the county right-of-way,or permitted private drainage systems within the ROW.
`This assumes that historic average annual expenditures of'$935,000 continue for drainage maintenance activities and are paid for by property taxes(Road Fund).
'REET 2 funds have been dedicated for construction during the past 3 years.Annual REET 2 contribution has been$82,500.
Page 2 of 15
SWTF Recommendations —August 2012
Water Quality Monitoring - $390,000
Description
Mason County Public Health and Human Services water quality monitoring objectives include:
■ Providing analytical water quality data to describe present conditions and changes in
water quality and to discuss the impacts of these conditions on aquatic resources;
■ Provide data to evaluate impairment of beneficial uses and detect water quality
violations;
■ Utilize water quality data to prioritize Pollution Identification and Correction (PIC)
Project Areas.
Mason County Public Health and Human Services will perform the following to meet those
objectives:
■ On-going, watershed-based ambient monitoring' at select monitoring locations
throughout the County conducted on a 5-year watershed rotation;
■ Identify and prioritize select sub-basins for Pollution Identification and Correction (PIC)
Projects
PIC projects consist of the following:
■ perform intensive monitoring within an indentified polluted area$
■ Identify monitoring locations that are polluted
■ Conduct targeted septic system and land-use assessments (sanitary surveys) and dye
tests of on-site septic systems when at identified polluted water ways
■ Ensure identified on-site septic system failures are repaired
■ Perform follow-up monitoring to ensure that all pollution sources have been abated.
The Skokomish and Squaxin Tribes have significant expertise and a long history of water quality
monitoring efforts in Mason County. The SWTF recommends that a high level of coordination
be established with the Tribes and other water quality stakeholders (for example Departments
of Health and Ecology)to affirm common monitoring goals and priorities, and to maximize field
Ambient Monitoring will consist of data collection for the following parameters:fecal coliform,dissolved oxygen,
pH, biological oxygen demand, phosphorus and nitrogen,which will be used to develop a Water Quality Index to
assess long-term water quality trends within a waterway.
8 Polluted areas may be identified by other agencies and utilizing other data than just water quality ambient
monitoring.
Page 6 of 15
SWTF Recommendations—August 2012
efforts. The SWTF also recommends that a volunteer monitoring program be established to
reduce overall program costs and increase local knowledge and stewardship.
Estimated budget
The SWTF recommends an annual expenditure of$390,000 to pay for Health Department
salaries and benefits, supplies, lab costs, equipment and professional services. Mason County
will try to leverage additional funds by continuing to pursue grant funding, especially in areas
identified for PIC projects or for other water quality improvements.
Why it's Important
Ambient monitoring is important for identifying long-term trends. A systematic approach is
needed to say whether our actions are improving water quality. Monitoring helps determine if
money is being spent on the right priorities and if the program is effective. It is imperative that
this program funds the ambient monitoring portion because grants funding does not normally
exist for ambient monitoring, or it allows for piece-meal monitoring that does not allow for
long-term trend analysis because the monitoring is only performed for a specific period of time.
A Pollution Identification and Correction (PIC) program is the necessary follow-up once ambient
monitoring trends point to areas of concern. More intense water quality monitoring occurs,
potential pollution sources are identified, and corrective actions occur once pollution sources
are found. A strong PIC program ensures that on-the-ground fixes happen through several
avenues: on-site septic system operation and maintenance, education, technical assistance,
stormwater retrofits, and/or enforcement. Sanitary surveys provide individual homeowners
with a one on one educational opportunity to identify ways to minimize the risk of pollution
leaving their property.
An effective PIC program is less costly than fixing water quality problems after the fact. Our
experience has shown that poor water quality listings lead to very costly TMDL(water clean-up)
plans. There are currently grant funds available to establish and carry out PIC projects,
however these grants are contingent on having available matching funds and the ability to
demonstrate a known water quality problem. Ambient monitoring is one way to demonstrate a
known water quality problem.
Page 7 of 15
SWTF Recommendations —August 2012
On-Site Septic System Operation and Maintenance - $280,000
Description
Mason County Public Health and Human Services are required by State law to adopt and
implement an on-site sewage system management plan, which includes an increased focus on
operation and maintenance. Specific services to be provided by Public Health include
■ Investigate complaints and perform enforcement of on-site sewage regulations;
■ Validate on-site septic records in the Carmody database;
■ Scan remaining existing and new on-site septic system records, making them accessible
to the public via Mason County's web page ;
■ Maintain Carmody database upgrades and reporting capabilities;
■ Prepare operation and maintenance (0&M) service reminder mailings;
■ Perform follow up on unsatisfactory 0&M service events;
■ Provide on-site septic system education;
■ Continue incentive programs for on-site septic system for retrofits and/or 0&M;
■ Continue to support financial programs to help homeowners with repairs; and
■ Enhance on-site septic system mapping and Carmody reporting capabilities.
Estimated budget
The SWTF recommends an annual expenditure of$280,000 to pay for Health Department
salaries and benefits, supplies, lab costs and equipment.
Why it's Important
One of the leading water quality problems in Mason County is fecal coliform contamination.
On-site septic systems that are failing or not properly maintained can contribute to poor water
quality. A strong operation and maintenance program is a cost-effective way to identify
problems and ensure follow-up repairs and/or replacements take place before shellfish growing
area downgrades or other public health issues arise.
This proactive approach is less costly to both individuals (it costs less to maintain a septic
system than to repair or replace one) and the general public (it costs less to educate, provide
mailing reminders, and financial incentives than to respond to a shellfish growing area
downgrade). On-site programs coupled with other efforts are effective and measureable:
resulting in the upgrade and reopening of shellfish harvest areas in Mason County.
Page 8 of 15
1/6/2020 Chapter 8.65 CLEAN WATER DISTRICT
Chapter 8.65
CLEAN WATER DISTRICT
Sections:
8.65.010 Purpose.
8.65.020 Findings of fact.
8.65.030 District creation and name.
8.65.040 District boundaries.
8.65.050 Assignment of a lead department.
8.65.060 Adoption of a nonpoint pollution plan addressing shellfish growing area downgrade
in Discovery Bay.
8.65.070 Advisory council.
8.65.080 Program evaluation.
8.65.085 Oversight.
8.65.090 Annual fee.
8.65.100 Certain parcels exempt from fee.
8.65.110 Liability.
8.65.010 Purpose.
The purpose of this chapter is to:
(1) Create a shellfish protection district as required by Chapter 90.72 RCW.
(2) Establish the boundaries of the district.
(3) Establish a district name.
(4) Adopt a water quality improvement plan for Jefferson County.
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1/6/2020 Chapter 8.65 CLEAN WATER DISTRICT
(5)Adopt a nonpoint pollution plan for the Discovery Bay watershed.
(6) Establish a fee to fund the clean water district. [Ord. 7-09 § 1; Ord. 8-07 § 1]
8.65.020 Findings of fact.
The board of Jefferson County commissioners finds that the following facts require the need for
adopting this chapter:
(1) The Washington State Department of Health (WDOH) on January 24, 2007, officially downgraded
the classification, from approved to restricted, of the commercial shellfish growing area around Station
48 within Discovery Bay, which is located on the Strait of Juan de Fuca in Jefferson County.
(2)A nearby portion of the Discovery Bay commercial shellfish growing area, Station 62, has been
officially listed as "Concerned" status on the Washington State Department of Health 2007 Early
Warning System Summary.
(3) A portion of the Mats Mats Bay commercial growing area is threatened with a downgrade in
classification due to water quality results according to the Mats Mats Bay 2006 Annual Growing Area
Review by the Washington State Department of Health. In order to avoid a downgrade, the source of
fecal coliform pollution must be identified and corrected.
(4) In the Hood Canal No. 3 commercial shellfish growing area, three marine sampling stations are
officially listed as "Concerned" status for water quality on the Washington State Department of Health
2007 Early Warning System Summary.
(5) The Washington State Department of Health has determined that degradation of water quality in
the above-mentioned shellfish growing areas is primarily due to nonpoint sources of water pollution.
(6) Jefferson County public health is responsible for regulating the operation and monitoring of on-site
sewage systems and conducting programs to remedy nonpoint surface pollution as it exists in
Jefferson County.
(7)Annual Washington statewide revenue for commercial shellfish harvesting is approximately
$100,000,000. There are 57 commercial shellfish companies licensed to harvest shellfish in Jefferson
County. Commercial shellfish growing is a multi-million-dollar enterprise in and around Jefferson
County. Protecting clean water will help the county's commercial shellfish businesses survive and
thrive.
(8) There was $1,679,853 paid in wages by shellfish firms in Jefferson County in 2006. This accounts
for 1.23 percent of all private industry wages in Jefferson County. There is an average of 70 people
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1/6/2020 Chapter 8.65 CLEAN WATER DISTRICT
employed (1.15 percent of private industry jobs) by shellfish firms, with a seasonal peak of 88 people
employed in July, in 2006. Protecting and fostering this multi-million-dollar enterprise is one of the
most important economic development steps the county commission can undertake.
(9) Nonpoint water pollution sources, including (but not limited to) agricultural surface water runoff and
failing on-site septic systems, threaten the public health and safety of consuming shellfish harvested
within the Discovery Bay, Mats Mats Bay, and the Hood Canal No. 3 growing areas.
(10) Chapter 90.72 RCW, Shellfish District, directs the county to establish a district within 180 days of
such a downgrade and establish a program to address the reason(s) for the downgrade. Jefferson
County has asked for a 90-day extension to the 180 days.
(11) Jefferson County is encouraged by the Legislature to: "establish shellfish protection districts and
programs designed to prevent any further degradation and contamination and to allow for restoration
and reopening of closed shellfish areas" by Chapter 90.72 RCW.
(12) As this district is a comprehensive effort to protect a threatened and precious resource, clean
water, it shall be called the Jefferson County clean water district.
(13) Clean water is essential to the health and well-being of all human beings, including those who
reside in this county and those who visit here.
(14) There are 41 public beaches with known recreational shellfish harvest. Over 50,000 visits were
made to Jefferson County's public beaches for harvesting shellfish. There were 242,451 pounds of
clams, 195,159 pounds of geoducks, and 261,024 oysters recreationally harvested from Jefferson
County beaches in 2006. A continuing supply of clean water will continue to make this county an
attractive tourist destination now and in the future.
(15) The clean water district directly supports 13 of the 43 (30 percent) recommendations outlined in
the draft detailed implementation plan for WRIA No. 17.
(16) The clean water district directly supports 17 of 84 (20 percent) recommendations adopted in the
watershed management plan for WRIA No. 16.
(17) On October 17, 2007, the Jefferson County board of county commissioners adopted Ordinance
No. 08-1017-07 creating the Jefferson County clean water district.
(18) Fees were not adopted to fund water quality improvement actions described in said ordinance.
Actions have been funded by a combination of state grant funding sources and county general fund.
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County general fund has often matched state funding, leveraging $4.00 of services for every $1.00 of
county general fund revenue spent.
(19) Portions of the Mats Mats Bay and Hood Canal No. 3 commercial shellfish growing areas are
listed by the Washington State Department of Health as concerned due to water quality results. In
order to avoid future downgrades in the status of these commercial shellfish growing areas, sources of
fecal coliform pollution need to be identified and corrected.
(20) The Washington State Department of Health has determined that degradation of water quality in
the above-mentioned shellfish growing areas is primarily due to nonpoint sources of water pollution.
(21) Jefferson County public health is responsible for regulating the operation and monitoring of on-
site sewage systems and conducting programs to remedy nonpoint surface pollution as it exists in
unincorporated Jefferson County.
(22) Commercial shellfish growing is an estimated $20,000,000 enterprise in Jefferson County.
(23) Protecting and fostering this multimillion-dollar enterprise is one of the most important economic
development steps the county commission can undertake.
(24) Protecting clean water will help the county's commercial shellfish businesses survive and thrive.
(25) A permanent and distinct funding source for the various programs that the clean water district will
undertake will assure that the continued viability of these programs does not wholly depend on the
vagaries of what might be available from the county's general fund.
(26) The clean water district funding task force recommended to the BoCC a similar fee structure as is
being proposed here.
(27)A permanent and distinct funding source for the clean water district will provide the clean water
district with proof of matching funds that can be matched to grants provided by other entities,
including, but not limited to, the state of Washington and the United States.
(28) Certain regions of Jefferson County, specifically the city of Port Townsend and the master
planned resort at Port Ludlow, have in place stormwater management facilities and/or sanitary sewers
that serve to control, properly dispose of and mitigate nonpoint sources of water pollution. Clean water
district programs shall not be duplicative of the programs and services provided in areas where fees,
rates or charges are imposed under Chapters 36.89 and 36.94 RCW.
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(29) The Jefferson County board of commissioners also serve on and appoint the Jefferson County
board of health. The Jefferson County board of health is responsible for all matters pertaining to the
life and health of the people of Jefferson County (as required by JCC 8.00.010). The board of health is
well qualified to coordinate the activities of the clean water district under this chapter with other
programs and activities which fall under the duties and responsibilities of the board of health. [Ord. 3-
14 §§ 1, 2; Ord. 7-09 § 2; Ord. 8-07 § 2]
8.65.030 District creation and name.
The Jefferson County board of commissioners hereby creates the Jefferson County clean water
district as authorized in Chapter 90.72 RCW. [Ord. 8-07 §3]
8.65.040 District boundaries.
The legal boundaries of the Jefferson County clean water district include all lands in eastern Jefferson
County, including the city of Port Townsend, as described by the Hospital District No. 2 boundary.
[Ord. 8-07 § 4]
8.65.050 Assignment of a lead department.
The Jefferson County board of commissioners hereby directs Jefferson County public health to serve
as the county department responsible for administering the clean water district (in coordination with
the Washington State Department of Health, the Washington State Department of Ecology, the Puget
Sound Partnership, the Jefferson County conservation district, and other appropriate entities). [Ord. 3-
14 § 3; Ord. 8-07 § 5]
8.65.060 Adoption of a nonpoint pollution plan addressing shellfish growing area downgrade in
Discovery Bay.
The Jefferson County board of commissioners hereby adopts the Discovery Bay closure response
plan which is attached to the ordinance codified in the chapter as "Exhibit A" and incorporated by
reference. [Ord. 8-07 § 6]
8.65.070 Advisory council.
The Jefferson County board of commissioners will, through written resolution, create a local advisory
council to assist it in implementing the purposes and goals of this clean water district. The advisory
council shall have no less than three or more than nine members, including members of the Port
Townsend city council, commercial shellfish growers, Jefferson County board of health members, and
residents of Jefferson County. [Ord. 3-14 § 4; Ord. 8-07 § 7]
8.65.080 Program evaluation.
The clean water district shall be evaluated for effectiveness by the advisory council or board of health
on an annual basis. [Ord. 3-14 § 5; Ord. 8-07 § 8]
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8.65.085 Oversight.
The Jefferson County board of commissioners hereby directs the Jefferson County board of health to
coordinate the activities of the clean water district under this chapter with other programs and activities
which fall under the duties and responsibilities of the board of health in JCC 8.00.010. [Ord. 3-14 § 6]
8.65.090 Annual fee.
There is hereby established for the clean water district a financing mechanism, specifically a fee of
$20.00 per year per APN for all real property, except for property classified as a timeshare by the
Jefferson County assessor and except for parcels or lands described in JCC 8.65.100 as exempt from
any obligation to pay the fee. For property classified as a timeshare by the Jefferson County assessor
a fee of$5.00 per year per assessor's parcel number (APN) is hereby established.
These fees shall be adjusted annually accordingly on the first business day of January (adjusted date)
by the amount of the percentage increase in the Consumer Price Index (CPIW) over the most recent
12-month period as reported in the CPIW report from the September prior to the annual adjustment
date. A fee shall not be reduced by reason of such calculation. However, fee increases in accordance
with this calculation shall not exceed five percent per year.
The CPIW is the Consumer Price Index— U.S. City Average for All Urban Wage Earners and Clerical
Workers, published by the Bureau of Labor Statistics of the United States Department of Labor. [Ord.
11-14 § 1]
8.65.100 Certain parcels exempt from fee.
Exempt parcels (as defined in Chapter 84.36 RCW) shall not be subject to said fee. Parcels within the
boundaries of the city of Port Townsend and the Port Ludlow Master Planned Resort connected to a
sanitary sewer service shall not be subject to said fee. Facilities permitted and assessed fees for
wastewater discharge under the National Pollutant Discharge Elimination System shall not be subject
to said fee. Lands classified as forest land under Chapter 84.33 RCW and timber land under Chapter
84.34 RCW shall not be subject to said fee. Parcels determined by the county assessor to qualify for a
senior citizen or disabled persons property tax exemption under RCW 84.36.381 on January 1 st of the
tax year shall not be subject to said fee. If a portion of a real property parcel does not satisfy any
exemption criteria specified in this section, then the parcel shall be subject to said fee. [Ord. 11-14 § 2]
8.65.110 Liability.
Administration of this title shall not be construed to create the basis for any liability on the part of the
county, its appointed and elected officials, and employees while working within the scope of their
duties, for any action or inaction thereof authorized or done in connection with the implementation of
this title. [Ord. 7-09 § 5]
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The Jefferson County Code is current through Ordinance 13-1104-19, passed November 4, 2019.
Disclaimer: The clerk of the board's office has the official version of the Jefferson County Code. Users should
contact the clerk of the board's office for ordinances passed subsequent to the ordinance cited above.
County Website: https://www.co.jefferson.wa.us/
County Telephone: (360) 385-9133
Code Publishing Company
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SKAGIT COUNTY
Ordinance # 020050014
ORDINANCE NO. Page 1 of 6
AN ORDINANCE AMENDING SKAGIT COUNTY CODE
CHAPTER 6.68 CLEAN WATER(SHELLFISH PROTECTION) DISTRICT
ESTABLISHING A CLEAN WATER(SHELLFISH PROTECTION) PROGRAM (CWP)
WHEREAS, on August 19, 1994 a portion of the commercial shellfish beds in Samish
Bay were downgraded by the Washington State Health Department; from either approved to
restricted or from approved to prohibited (closed)due to bacterial contamination; and
WHEREAS, in response and pursuant to State Law(Chapter 90.72)the Skagit County
Board of Commissioners signed Ordinance# 15708 on March 27, 1995 establishing Skagit
County Code (SCC)6.68 the Clean Water(Shellfish Protection) District and developed programs
to assist the communities of Edison and Blanchard repair their failing onsite sewage systems; and
WHEREAS,water quality degradation of the marine tidelands and fresh waters of Skagit
County continues to threaten the public's health and safety, and other beneficial uses of these
waters for agriculture, fish and wildlife protection and recreation; and
WHEREAS, State law(Chapter 90.72 RCW)authorizes a county having shellfish
tidelands within its boundaries to establish a shellfish protection district and to establish a CWP
with elements intended to improve water quality in shellfish tidelands by eliminating or decreasing
nonpoint pollution from stormwater runoff, onsite sewage systems, animal grazing and manure
management and other activities that may threaten water quality and to impose fees, rates, or
charges for the program and related services; and
WHEREAS, Skagit County in response to the Growth Management Act has adopted a
Critical Areas Ordinance(SCC 14.24)establishing a"Do No Harm or Degradation Standard"for
watercourses and committing the County to an extensive water quality and habitat monitoring and
adaptive management program; and
WHEREAS, every citizen within Skagit County contributes in some way to the
degradation of water quality; density of development and its associated impervious surfaces
increase stormwater flow and pollution; and it is in the public's interest that coordinated, cost-
effective decisions be made to achieve water quality objectives that protect shellfish and other
beneficial uses of the waters of Skagit County; and
WHEREAS, it is the intent of the Skagit County Board of Commissioners to establish a
CWP to perform essential water quality activities to be funded by reasonable fees and charges
related to density of development and impervious surfaces; and
WHEREAS, the Skagit County Public Works Department administers the County
Drainage Utility and the countywide Flood Control Zone Districts and would be best suited to
manage the CWP with the goal of integrating it into a countywide, coordinated and
comprehensive stormwater,flood control and water quality water program; and
WHEREAS, the Skagit County Board of Commissioners shall have final approval of CWP
rates and services.
Page 1 of 6
NOW THEREFORE, BE IT ORDAINED BY THE SKAGIT COUNTY BOARD OF
COMMISSIONERS:
That Chapter 6.68 Skagit County Code is amended by adding new sections 6.68.040 through
6.68.170. Chapter 6.68 to read:
Chapter 6.68
CLEAN WATER(SHELLFISH PROTECTION) DISTRICT
Sections:
6.68.010 Established.
6.68.020 Activities To Be Conducted Throughout County.
6.68.030 Purpose.
6.68.040 Definitions.
6.68.050 Clean Water(Shellfish Protection) Program (CWP)Creation and Authority.
6.68.060 CWP Elements and Responsibilities.
6.68.070 Administration.
6.68.080 Program Coordination.
6.68.090 Program Budget and Funding.
6.68.100 CWP Revenue Deposits
6.68.110 Billing.
6.68.120 Appeals Pertaining To Rates And Service Charges.
6.68.130 Right of Entry
6.68.140 Effective Date.
6.68.150 Liability.
6.68.160 Severability.
6.68.010 Established.
Pursuant to RCW 90.72.045 there is hereby established a shellfish protection district, which
shall be called the Skagit County Clean Water District(District).The boundaries of said District
shall include the unincorporated areas of Skagit County. (Ord. 15708 § 1, 1995)
6.68.020 Activities To Be Conducted Throughout County.
The District shall conduct its activities throughout unincorporated Skagit County due to the
pervasive nature of non-point sources of pollution affecting the water quality within shellfish
growing areas. (Ord. 15708 §2, 1995)
6.68.030 Purpose.
The purpose of the District is to accomplish the mandates of RCW 90.72 to protect and improve
the water quality in shellfish growing areas. This will include, but not be limited to,
establishing programs and projects to reduce non-point pollution threatening surface water quality
in Skagit County. (Ord. 15708 § 3, 1995)
6.68.040 Definitions.
This chapter contains technical and common County terms that are used in Chapters found
throughout Titles 6, 12, and 14 of the Skagit County Code, and unless otherwise noted their
meaning shall be consistent with their meaning/definition as used elsewhere in Skagit County
Code. "Director" shall mean the Director of the Department of Public Works or his or her
designee.
SKAGIT COUNTY
Ordinance # 020050014
Page 2 of 6
Page 2of6
(1) "Impervious surfaces"shall mean hard surfaced areas which prevent or retard the entry of
water into the soil mantle and/or cause water to run off the surface in greater quantities or at
an increased rate of flow than under natural conditions. Common impervious surfaces
include, but are not limited to rooftops, concrete or asphalt roads, sidewalks and paving,
walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-packed dirt,
oiled or other surfaces which similarly impede the natural infiltration of surface water or runoff
patterns existent prior to development.
(2) "Average impervious surface square footage" calculations for single family residences (3692
square feet) and multi-family residences (4550 square feet) were determined by a
statistically significant random survey of existing single family and multi-family residential
properties.
6.68.050 Program Creation and Authority.
Skagit County, pursuant to Chapter 90.72 Revised Code of Washington and Skagit County Code
Chapter 6.68 hereby creates a Clean Water Program (CWP)to implement a comprehensive,
countywide water quality plan. The CWP shall be administered by the Skagit County Department
of Public Works,who shall have the authority, subject to approval by the Board of County
Commissioners, to exercise all lawful powers necessary and appropriate to accomplish the goals
of Chapter 90.72, the watershed action plans, and to implement the program elements and goals
of the CWP.
6.68.060 CWP Elements.
(1) While the overall CWP shall be administered by the Public Works Department, the following
program elements may be performed and managed by other entities as established by the
enabling budget resolution.
(a) Implement the water quality monitoring, habitat monitoring and adaptive management
requirements in the Ongoing Agriculture Section of the Skagit County Critical Areas Code
(SCC 14.24.120); support the Skagit County Marine Resource Committee; support for the
Lake Management Districts, provide funding for habitat restoration projects including
acquisition of property and/or conservation easements and development rights; provide
support to assist the State Department of Ecology and/or the Skagit County Health
Department gather and analyze data to address water quality concerns and develop and
implement feasible solutions to those concerns; and to construct and operate water
pollution control facilities. Develop a comprehensive, coordinated stormwater,flood
control, water quality program in partnership with local cities, towns, and special purpose
districts.
(b) Support the onsite sewage program and the onsite sewage operation and maintenance
program found in SCC 12.05 and mandated by State regulations. Investigate alleged
violations of the water quality standards of the Do No Harm provisions found in the
Critical Areas Ordinance (SCC 14.24.120).
(c) Mapping support services for the CWP including updated aerial photography including
LIDAR (Light Detection and Ranging), and other geographic information products.
(d) Update regulations and perform compliance activities related to the Critical Areas
Ordinance(SCC 14.24).
(e) Provide technical support and possible financing assistance for property owners needing
to implement best management practices (BMP's) as necessary to meet Critical Area
Ordinance(SCC 14.24)and the CWP.
SKAGIT COUNTY
Page 3 of 6 Ordinance # 020050014
Page 3 of 6
(f) Support local and regional non-profit organizations and other entities whose purpose is to
educate the public, implement watershed action plan recommendations, and to protect
and restore habitat in order to improve the functionality and health of the Skagit County
watersheds.
(2) All entities receiving support from the CWP shall submit an annual work plan and a progress
report to the Director of the Department of Public Works by July 1 of each year.
6.68.070 Administration.
The CWP shall be administered by the Department of Public Works. The Director shall have the
authority to implement the program as defined in this ordinance. No provision of this ordinance
shall prevent municipalities, county agencies, departments, or special districts from adopting,
administering, or enforcing other ordinances and regulations to protect water quality.
6.68.080 Program Coordination.
The Department of Public Works may coordinate the CWP and services by forming interlocal or
operating agreements with other departments, governmental entities, or special districts in order
to achieve a comprehensive approach to surface water management. The Department of Public
Works shall endeavor to eliminate or reduce duplication and to achieve the maximum program
benefit in the most efficient manner. The Director shall submit an operating plan, budget, and an
annual report to the County Commissioners for review and approval as part of the annual County
budget process.
6.68.090 Program Budget and Funding.
(1) The Board of County Commissioners shall establish by separate resolution a CWP budget
and rates and charges for all real property within unincorporated Skagit County according to
the land use classification and impervious surface area of each property described as follows
in this section:
Class of Property/Basis of Charge.
(a) Parcels containing a single family residence (including an accessory dwelling unit) shall
be charged based on average impervious surface square footage.
(b) Parcels containing a duplex, or a triplex, or a fourplex multi-family housing unit shall be
charged based on average impervious surface square footage.
(c) Parcels containing greater than four multiple family housing units (including apartments
and hotels)shall be charged based on their actual impervious surface square footage.
(d) Parcels containing commercial, industrial, and/or institutional uses shall be charged
based on their actual impervious surface square footage.
(e) County roads shall be charged based on their impervious surface square footage.
(f) State highways shall be charged based on their impervious surface square footage.
(2) Special Classifications: The following special categories of property,facilities, and activities
are exempt from CWP rates and charges:
(a) Federal and Tribal lands owned within the County.
(b) Waterways (including all parcels consisting of entirely tidelands, riparian right-of-way,
lakes, and/or stream).
(c) Activities,facilities and lands not subject to fees, rates ,or charges contained in State law
(Chapter 90.72.070 RCW) including lands classified as forest land under Chapter 84.33
RCW and/or classified as open space timber land under Chapter 84.34.
(d) In keeping with the intent of State law Chapter 84.34 RCW, to maintain, preserve,
conserve and otherwise continue in existence adequate open space lands for the
SKAGIT COUNTY
Page 4 of 6 Ordinance # 020050014
Page 4 of 6
production of food and fiber, and to assure the use and enjoyment of natural resources
and scenic beauty for the economic and social well-being of the state and its citizens,
bare or unimproved land shall not be subject to rates and charges by this CWP.
(e) All parcels consisting of oyster tracts, marine moorage condos, and taxable parcel
accounts with no assessed value.
6.68.100 CWP Revenue Deposits
All fees and charges imposed herein shall be placed in a revenue fund for the purpose of paying
all, or any part, of the expenses related to the administration and the implementation of the
activities, programs, and projects identified in the CWP elements (SCC 6.68.060) and associated
resolution establishing the CWP budget and program rates and charges.
6.68.110 Billing
(1) All property subject to rates and service charges pursuant to this ordinance shall be assessed
annually. Billing statements shall be included on the annual property tax statements and
collected by the County Treasurer consistent with RCW 84.56.
(2) The Director, the Skagit County Assessor, and the Skagit County Treasurer are hereby
authorized to establish all administrative procedures necessary to implement the provisions
of this section of Chapter 6.68.
(3) The Department of Public Works and any participating municipality, agency, department, or
special districts may solicit additional funds through grants or other sources of funding, if
available, to supplement program funding.
(4) All service charges billed and fees collected shall be deposited in a revenue fund consistent
with SCC 6.68.100.
6.68.120 Appeals Pertaining To Rates And Service Charges.
(1) Any person receiving a billing statement for the CWP and making a timely payment thereof
may apply to the Director for a rate adjustment.
(2) The burden of proof shall be on the applicant to show that the rate adjustment sought should
be granted. Decisions of the Director on requests for rate adjustments shall be in writing and
shall be final unless appealed by the applicant to the superior court of Skagit County by writ
of certiorari within 30 days of the notice of decision.
6.68.130 Right of Entry
Whenever necessary to examine the property characteristics of a particular parcel for the
purposes of implementing this ordinance, the Director may enter any property at reasonable
times in compliance with the following procedures:
(1) If such property is occupied, the Director shall present identification credentials,state the
reason for entry, and request entry.
(2) If such property is unoccupied, the Director shall first make a reasonable effort to locate the
owner or other person having charge or control of the property and request entry.
(3) Unless entry is consented to by the owner or person in control of any property, the Director,
prior to entry, shall obtain a search warrant as authorized by the laws of the State of
Washington.
SKAGIT COUNTY
Page 5 of 6 Ordinance # 020050014
Page 5 of 6
6.68.140 Effective Date
This ordinance shall be effective upon proper passage by the Skagit County Board of
Commissioners.
6.68.160 Liability
Administration of this title shall not be construed to create the basis for any liability on the part of
the County, its appointed elected officials, and employees while working within the scope of their
duties, for any action or inaction thereof authorized or done in connection with the implementation
of this title.
6.68.160 Severability
If any provision of this ordinance or its application to any person or circumstance is held to be
unconstitutional or invalid for any reason, the remainder of this ordinance or the application of the
provisions to other persons or circumstances shall not be affected.
WITNESS OUR HAND AND THE OFFICIAL SEAL OF OUR OFFICE this�Q�— day of
IVcfV511XB'er, 2005.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
Don Munks, Chairman
OF
i`N0 Kenneth A. Dahlstedt, Commissioner
Anderson, Commissioner
APPROVED AS TO FORM:
Ronald A. Marshall Deputy Civil Attorney
Skagit County Prosecuting Attorney's Office
ATTES .
"sit
Joan esbrec , lerk of the Board
SKAGIT COUNTY
Page 6 of 6 Ordinance # 020050014
Page 6 of 6
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Michael MacSems
DEPARTMENT: Community Services EXT: 571
BRIEFING DATE: 2/24/2020
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Memorandum of Agreement Between the US Army Corps of Engineers and the
Washington State Historic Preservation Officer.
EXECUTIVE SUMMARY: (if applicable, please include available options and potential
solutions): Mason County is being asked to sign on as a concurring party, to a MOA between the US
Army Corps and the Washington State Historic Preservation Officer concerning mitigation for the
demolition of the historic Olympia Oyster Company oyster house on Totten Inlet that will benefit the
Sargent Oyster House restoration in Allyn. Two MCHPC members were involved in the negotiations
(Russ Sacket and Ed Huber, who both have professional experience in these matters) and they say
this is a good document that does not obligate the County to do anything.
BUDGET IMPACT:
None
PUBLIC OUTREACH:(include any legal requirements, direct notice,website, community
meetings, etc.) None
RECOMMENDED OR REQUESTED ACTION:
That the Chair of the BOCC sign the attached MOA as an Action Agenda item on March 3rd
ATTACHMENTS:
MOA, Email comments from Tim Whitehead and Russ Sackett
Breifing Cover New Sheet MOA.doc
Michael MacSems
From: Tim Whitehead
Sent: Monday, February 03, 2020 1:53 PM
To: Michael MacSems
Subject: RE: HPC/BOCC Memorandum of Agreement Vetting
Michael,
I apologize for the delay in getting to this. I don't take issue with Mason County signing the MOU. Let me know if you'd
like to discuss.
Thanks.
Timothy W. Whitehead
Mason County Prosecutor's Office
Chief Deputy Prosecuting Attorney
P: (360)427-9670 ext.417
F: (360) 427-7554
-----Original Message-----
From: Michael MacSems
Sent:Tuesday,January 21, 2020 9:37 AM
To:Tim Whitehead<TimW@co.mason.wa.us>
Cc: Russell Sackett<rufiunis@aol.com>
Subject: HPC/BOCC Memorandum of Agreement Vetting
Tim,
A few months ago the MCHPC was invited to serve in an advisory capacity on a permit being reviewed by the Army
Corps regarding the demolition of a historic oyster processing facility in Mason County.The result is a Memorandum of
Agreement between the Army Corps, the Washington State Historic Preservation Officer, and the applicant.A number of
other agencies, including Mason County, are being asked to sign the agreement as"Concurring Parties".
For more background on this, I asked Russ Sackett(who is a HPC member and a historic preservation professional) to
explain the County's liability for signing the MOA. He says there is none liability. Russ's comments are below.
I need to brief the BOCC on this once any concerns that you may have, have been resolved.
Thank you,
Michael
Michael,
As a Certified Local Government (CLG), one of Mason County Historic Preservation Commission's (MCHPC)
responsibilities is to consider local interests under Section 106 of that Act. Section 106 requires federal agencies to
consider what affect their undertakings may have on historic properties and provide the Advisory Council on Historic
Preservation (ACNP) an opportunity to comment. The Act created the State Historic Preservation Officers,among other
1
responsibilities,to have state interests considered in Section 106. ACHP has given the SHPOs authority to act on its
behalf on matters of Section 106. The SHPO, under the CLG program provides local governments the ability to have its
historic preservation interests considered in the Section 106 process.
The Army Corp of Engineers invited MCHPC, as a CLG,to participate in the Section 106 development of the
Memorandum of Agreement (MOA)to address adverse effects proposed on the Olympia Oyster Company property.
Although the project is a private entity, a COE permits is required which kicks in Section 106. MCHPC participated in the
process as a "consulting party," meaning a party of interest without any legal obligations resulting in the agreed upon
MOA stipulations.
The county's signature on the MOA indicates that the county's historic preservation interest were considered and that
the county concurs with the MOA. There are no obligations placed on the county per this MOA.
Hope this helps, a little winded but think hits main points. Let me know if you need more.
Russ
Michael MacSems
Planner/Subdivisions and Forest Practices
360-427-9670 ext. 571
mms@co.mason.wa.us
z
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
MEMORANDUM OF AGREEMENT
BETWEEN THE U.S.ARMY CORPS OF ENGINEERS AND
THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER
SUBJECT: National Historic Preservation Act Section 106 Memorandum of Agreement for
Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,
Shelton, Mason County, Washington, U.S. Army Corps of Engineers, Corps Reference Number
USACE NWS-2018-570.
1. WHEREAS,the U.S.Army Corps of Engineers(Corps), Seattle District Regulatory Branch
received a Department of Army(DA)permit application from the Olympia Oyster Company
(OOC)associated with the Shelton Oyster Shucking Plant Replacement Project(the Project)
located on private land in Shelton at 1042 SE Bloomfield Road, at Sec 21, T19N,R03W,
Summit Lake USGS 7.5' quadrangle,Mason County,Washington; and
2. WHEREAS,the Corps is the only Federal agency involved in the undertaking and a
Department of the Army permit,pursuant to Section 10 of the Rivers and Harbors'Act of 1899
and Section 404 of the Clean Water Act,would be required from the Corps to conduct activities
related to the construction of the undertaking; and
3. WHEREAS,the Corps' issuance of such a permit is subject to review under Section 106 of the
National Historic Preservation Act, 54 U.S.C. 306108 (NHPA); and
4. WHEREAS,proposed project involves the demolition and replacement of the historic 1954
Shelton Oyster Shucking Plant, construction of two additional pier,ramp, and float systems,
replacement of an existing bulkhead,and the extension of a breakwater,removing the existing
overwater structures,removing concrete and creosote debris, and removing a"grid"structure and
placing beach nourishment; and
5. WHEREAS,the area of potential effects (APE) includes all areas of permitted in-water
activity, including upland areas where work is directly associated, integrally related, and would
not occur but for the in-water authorized activity associated with the DA permit,which includes
the entire construction footprint of the project; and
6. WHEREAS, a report has been prepared identifying known and potential historic properties
associated with the Undertaking,titled: Cultural Resources Assessment for the Shelton Oyster
Shucking Plant Project, Mason County, WA,dated May 31,2018 and by Corps' letters to SHPO
dated May 29,2019,and SHPO's response letter dated May 29,2019, and these documents are
incorporated into this MOA by reference;and
7. WHEREAS,the Corps identified one historic property within the APE,the 1954 Shelton
Oyster Shucking Plant(Property No. 715648); and
Page 1 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
8. WHEREAS,the Washington State Department of Archaeology&Historic Preservation
(DAHP),also known as the Washington State Historic Preservation Officer(SHPO), concurs
that the 1954 Shelton Oyster Shucking Plant is a National Register of Historic Places(NRHP)-
eligible historic property; and
9. WHEREAS,the Project would have an adverse effect on the 1954 Shelton Oyster Shucking
Plant; and
10. WHEREAS,background research and archaeological survey did not reveal the presence of
any archaeological materials; and
11. WHEREAS, in addition to OOC and SHPO,the Corps notified the Confederated Tribes of
the Chehalis Reservation,the Squaxin Island Tribe(SIT),the Port Gamble S'Klallam Tribe,the
Skokomish Tribe,the Suquamish Tribe,Mason County(MCHPC),Mason County Historical
Society,North Bay Historical Society(NBHS), and the Washington Trust for Historic
Preservation(WTHP) about this Project; and
12. WHEREAS,the SHPO, OOC, SIT,MCHPC,NBHS,and the WTHP expressed a desire to
consult on this Section 106 MOA,and are hereafter referred to as"the Consulting Parties"; and
13. WHEREAS,the Corps notified the Advisory Council on Historic Preservation(Council)of
its adverse effect determination and the Council has not opted to participate in the consultation;
and
14. WHEREAS,because of its role and responsibilities as the applicant for the DA permit, the
Corps has invited OOC to sign this MOA as an invited signatory; and
15. WHEREAS,based on their stated interest, the Corps has invited MCHPC,NBHS, and
WT 4P to sign this MOA as concurring parties;and
16. WHEREAS,the Corps has consulted with the Consulting Parties in accordance with Section
106 of the NHPA to resolve the adverse effects of the undertaking on historic properties;
NOW, THEREFORE,the Corps and SHPO (collectively the"Parties"and individually the
"Party")agree that should the undertaking move forward to construction,the following Corps-
enforced stipulations shall resolve adverse effects to historic properties associated with the
undertaking,and that these stipulations shall govern the Project and all of its parts unless this
MOA expires or is terminated.
Stipulations
The Corps shall ensure that the following stipulations are implemented:
I. Sargent Oyster Company Oyster Processing House. The Sargent Oyster Company Oyster
Processing House(SOCOPH)is a NRNP-eligible building, relocated to Port of Allyn land, in
Page 2 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
the process of being rehabilitated by the NBHS for the purpose of turning it into a museum
showcasing the regional oyster industry.Prior to initiating demolition of the Shelton Oyster
Shucking Plant, OOC will provide$40,000 to the NBHS to be used for the historic benefit
(e.g.,Preservation,Rehabilitation,Restoration,Reconstruction,Documentation, Outreach,
Operation, etc.)of the SOCOPH. OOC will transfer agreed-upon funds to the NBHS to
administer. OOC's responsibility under this Stipulation will be complete once the agreed-
upon funding has been transferred and the Corps receives confirmation from OOC and
NBHS.NBHS has agreed to provide the SHPO an opportunity to review and approve any
and all preservation,rehabilitation, restoration,reconstruction,and documentation plans,
drawings,and specifications associated with the $40,000 funding provided by OOC before
implementation.
II. On-line Essay. Prior to demolition of the Shelton Oyster Shucking Plant, OOC will
commission a new on-line essay regarding the history of the OOC on HistoryLink
(http://www.historylink.org/) or a suitable alternative approved by the Corps and DAHP. The
essay will be a feature article/essay and accompanied by photographs, and/or images that
serve to illustrate the text. The SHPO and other interested consulting parties shall be afforded
an opportunity to review and comment on the draft essay, but final editorial control rests with
the organization contracted with to produce the essay. OOC's responsibility under this
Stipulation will be complete when it notifies the Consulting Parties by email and provide a
link to the material after it is online and available for public viewing.
III. Donation of Memorabilia. OOC, in consultation with and as agreed-upon by the NBHS, shall
implement a donation of surplus antique oyster industry equipment and other related
memorabilia to the NBHS for the purposes of expanding their collection of archival material
suitable for display and interpretation at the SOCOPH Museum. These items will help the
museum to interpret the through-put of the oyster industry from propagation,harvest, and
distribution. OOC will make a list of the items accepted by and donated to NBHS and email
it to the Consulting Parties. OOC's responsibility under this Stipulation will be complete
once the surplus equipment and memorabilia has been transferred and the Corps receives
confirmation from OOC and the NBHS.
IV.DAH?Documentation. Within one year of the DA permit issuance date and in consultation
with the SHPO and other interested consulting parties, OOC shall provide the SHPO with a
DAHP Level II Mitigation Documentation(see
https://dahp.wa.gov/sites/default/files/DABP MitigationDocumentationStandards.pdf) as a
permanent record of the 1954 Shelton Oyster Shucking Plant. The documentation shall be
prepared by a cultural resource professional meeting NPS Professional Qualifications
Standards in the Architectural History or History areas of expertise. The final product shall
incorporate all elements as defined by the Level II Mitigation Documentation Requirements
(referenced above)and in consultation with the SHPO. Specific topics/research questions to
be addressed in the documentation shall include, but not be limited to, OOC association with
architects Wohleb and Wohleb; changes and additions to the building over time; as well as
how the company's business practice and production process shaped the building's design
and changes. OOC shall email to the SHPO and other interested Consulting Parties at least
Page 3 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
one draft of the documentation(in Microsoft Word format)to review. OOC shall revise the
draft digital copy in consideration of the comments received on the draft(s). After final
approval by SHPO, OOC will email the Consulting Parties a digital PDF copy and upload it
to WISAARD.
V. Public Presentation. In consultation with the SHPO and other interested and appropriate
parties, OOC shall plan, coordinate, advertise,and implement at least two public
presentations on a topic(s)related to the history of the Washington State oyster industry. The
presentation(s) shall be given by qualified individual(s)with expertise in engineering history,
architectural history,historic preservation planning,and/or other closely related fields. The
presentation(s) shall be given at location(s),time(s) and date(s)that will maximize public
participation. The Mason County Historical Society and the Olympia Historical Society have
expressed an interested in hosting the presentation. The Corps,SHPO and other interested
parties shall be afforded an opportunity to preview the presentation and be notified and
invited to attend.
VI.Yearly Status Updates. At least once a year,from the date of the DA permit issuance date,
OOC will email a yearly status update to the Consulting Parties detailing the current status of
any incomplete Stipulation,which will include any scheduling changes proposed, any
problems encountered, and any disputes and objections.
VII.Administrative Stipulations
a. Should any signatory or concurring party to this MOA object at any time to any actions
proposed or the manner in which the terms of this MOA are implemented,the Corps shall
consult with such party to resolve the objection. If the Corps determines that such
objection cannot be resolved,the Corps will:
1) Forward all documentation relevant to the dispute, including the Corps' proposed
resolution,to the Council. The Council shall provide the Corps with its advice on
the resolution of the objection within thirty(30)days of receiving adequate
documentation.Prior to reaching a final decision on the dispute,the Corps shall
prepare a written response that takes into account any timely advice or comments
regarding the dispute from the Council, signatories and concurring parties, and
provide them with a copy of this written response. The Corps will then proceed
according to its final decision.
2) If the Council does not provide its advice regarding the dispute within the thirty
(30)day time period,the Corps may make a final decision on the dispute and
proceed accordingly.Prior to reaching such a final decision, the Corps shall prepare
a written response that takes into account any timely comments regarding the
dispute from the signatories and concurring parties to the MOA, and provide them
and the Council with a copy of such written response.
Page 4 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
3) The Corps' responsibility to carry out all other actions subject to the terms of this
MOA that are not the subject of the dispute remain unchanged.
b. At any time during implementation of the measures stipulated in this MOA, should an
objection to any such measure or its manner of implementation be raised by a member of
the public regarding historic preservation,the Corps shall take the objection into account
and consult as needed with the objecting party,the SHPO, or the Council to determine
how best to address the objection.
c. The contact information for each signatory to this MOA may be updated,which shall not
be considered an amendment to this MOA. An electronic message(email) exchanged
among the contacts, indicating the updated information, shall be sufficient provided the
signature authority for each Party is included in such communication.
d. If the terms of this agreement have not been implemented within five years of the DA
permit issuance date,this agreement shall be considered null and void,unless the
signatories agree in writing to an extension for carrying out its terms. If this agreement is
considered null and void,the Corps shall so notify the parties to this agreement, and if
OOC chooses to continue with the undertaking, shall re-initiate review of the
undertaking.
e. Any signatory to this agreement may propose to the Corps that the agreement be
amended,whereupon the Corps shall consult with the other parties to this agreement to
consider such an amendment. This MOA will be amended when such an amendment is
agreed to in writing by all signatories. The amendment will be filed with the Council and
go into effect on the date of the last signature from signatories.
f. If the Corps determines that it cannot implement the terms of this agreement,or if any
signatory determines that the agreement is not being properly implemented, such party
may propose to the other parties to this agreement that it be terminated. The party
proposing to terminate this agreement shall so notify all parties to this agreement,
explaining the reasons for termination and affording them at least 30 days to consult and
seek alternatives to termination. The parties shall then consult. Should such consultation
fail,the Corps or other signatory party may terminate the agreement by so notifying all
parties. Should this agreement be terminated,the Corps shall either: (1)consult to
develop a new MOA; or(2)request the comments of the Council.
g. Execution(signature)of this MOA by the Corps and SHPO and implementation of its
terms evidence that the Corps has taken into account the effects of this undertaking on
historic properties and afforded the Council an opportunity to comment.
Page 5 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACENWS-2018-570.
SIGNATORY PARTY
U.S.ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT
Date:
Mark A. Geraldi
Colonel, Corps of Engineers
District Commander
Contact Information:
Lance Lundquist
Cultural Resources Program Manager
Regulatory Branch
US Army Corps of Engineers, Seattle District
P.O.Box 3755
Seattle WA 98124
Voice: (206) 764-6909
Email: Cultural.Resources@usace.army.mil
Note: Signatures continued on next page.
Page 6 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
SIGNATORY PARTY
WASHINGTON STATE HISTORIC PRESERVATION OFFICER
Date:
Allyson Brooks,Ph. D.
State Historic Preservation Officer
Contact Information:
Greg Griffith
Department of Archaeology and Historic Preservation
Post Office Box 48343c
Olympia, Washington 98504-8343
Voice: (360) 586-3073
E-mail: Greg.Griffith@DAHP.WA.GOV
Note: Signatures continued on next page.
Page 7 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
INVITED SIGNATORY PARTY
OLYMPIA OYSTER COMPANY
Date:
Tim McMillin
Olympia Oyster Co.
Contact Information:
Tim McMillin
Olympia Oyster Co.
1042 S.E.Bloomfield Rd.
Shelton, WA 98584
Voice: (360)426-3354
Email: tbm@olympiaoyster.com
Note: Signatures continued on next page.
Page 8 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers, Corps Reference Number USACE NWS-2018-570.
CONCURRING PARTY
MASON COUNTY HISTORIC PRESERVATION COMMISSION
Date:
Sharon Trask
Mason County Board of Commissioners
411 N 5th St.
Shelton, WA 98584
Contact Information:
Michael MacSems
Mason County Historic Preservation Commission
615 W Alder St.
Shelton, WA 98584
Voice: (360)427-9670 ext. 571
E-mail:Mms@co.mason.wa.us
Note: Signatures continued on next page.
Page 9 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
CONCURRING PARTY
NORTH BAY HISTORICAL SOCIETY
Date:
Bonnie Knight
President
Contact Information:
Bonnie Knight,President
North Bay Historical Society
P.O. Box 1313
Allyn,WA 98524
Voice: (360) 801-1064
E-mail:bknighthome@aol.com
Note: Signatures continued on next page.
Page 10 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
CONCURRING PARTY
WASHINGTON TRUST FOR HISTORIC PRESERVATION
Date:
Chris Moore
Executive Direction
Contact Information:
Jennifer Mortensen,Preservation Services Coordinator
Washington Trust for Historic Preservation
Stimson-Green Mansion
1204 Minor Avenue
Seattle, Washington 98101
Voice: (206) 624-9449
E-mail:jmortensen@preservewa.org
Note: End of signature pages
Page 11 of 11
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kristopher Nelsen
DEPARTMENT: Community Services EXT: 359
BRIEFING DATE: 2/24/2020
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: 2018 International code and state building code amendments update.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
To be locally prepared and align with the updated state building code's adoption, taking
effect July 1, 2020, the department is preemptively started the review process of Mason
County's Codes that will be impacted. The current goal is to align title 14 ordinance
amendments impacted by and the upcoming edits necessary for the July effective date.
These edits include but are not limited to, residential and commercial energy, building,
existing building, residential, fire, gas, mechanical and pluming code.
BUDGET IMPACT:
PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community
meetings, etc.) Public hearing,
RECOMMENDED OR REQUESTED ACTION:
Propose timeframe schedule prior to July.
ATTACHMENTS:
Current state adopted codes and appendixes list.
International Code state update Et local adoption plan Breifing Cover New Sheet .doc
Washington State Adopted Codes and Appendixes (Effective July 1, 2020)
February 11, 2020
2018 International Energy Conservation Code–Commercial WAC 51-1 1 C
• Appendix A Default heat loss coefficients
• Appendix B Default internal load values and schedules
• Appendix C Exterior design conditions
• Appendix D Calculation of HVAC total system performance ratio
• Authority Having Jurisdiction (AHJ) Optional
o Appendix E Renewable energy
o Appendix F Outcome-based energy budget
2018 International Energy Conservation Code–Residential WAC 51-11 R
• Appendix RC Outdoor design temperatures for Washington
• Proponent Options
o Appendix RA Optional energy efficiency measures—One step
o Appendix RB Optional energy efficiency measures—Two step
2018 International Building Code WAC 51-50
• Appendix E Supplementary Accessibility Requirements
• ICC Al 17.12009
2018 International Existing Building Code WAC 51-50
• Appendix A Guidelines for the Seismic Retrofit of Existing Buildings
2018 International Residential Code WAC 51-51
• Chapters 11 and 25-43 not adopted
• Appendix F Radon
• Appendix Q Tiny Houses
• Appendix U Dwelling Unit Fire Sprinkler Systems
2018 International Swimming Pool and Spa Code (by reference in the 2018 International Building
Code WAC.51-50 Section 3109 and the 2018 International Residential Code WAC 51-51 Section
328.)
2018 International Mechanical Code WAC 51-52
2018 International Fuel Gas Code WAC 51-52
2018 National Fuel Gas Code (NFPA 54, ANSI Z223.1)WAC 51-52
2017 Liquefied Petroleum Gas Code (NFPA 58)WAC 51-52
2018 International Fire Code WAC 51-54A
2018 International Wildland-Urban Interface Code WAC 51-54A
2018 Uniform Plumbing Code WAC 51-56
• Chapters 12 and 14 not adopted
• Appendix A Recommended Rules for Sizing the Water Supply System
• Appendix B Explanatory Notes on Combination Waste and Vent Systems
• Appendix I Installation Standards
MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING
FEBRUARY 24,2020
Briefing Items
• Construction and Maintenance Easement Agreement(North Shore rock wall on Alexander
property/County ROW)
• Public Works Facility Water/Wastewater System Design—Contract w/Gibbs & Olson
• Appointing County Engineer—Mike Collins
Discussion Items
• Belfair Sewer/MTA Roundabout
• Eell Hill Property
Commissioner Follow-Up Items
Upcoming Calendar/Action Items
Attendees:
Commissioners: Public Works: Other Dept. Staff: Public:
_Randy Neatherlin _Dave Smith
_Kevin Shutty _Loretta Swanson
_Sharon Trask _Richard Dickinson
Others:(List below)
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Loretta Swanson, Director
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
4 Legal � Other — Risk
ITEM: Construction and Maintenance Easement Agreement
EXECUTIVE SUMMARY:
Currently, there is a rock wall supporting the North Shore Road and protecting Cheryl
and Robert Alexander's property, located at the NE property corner W to the
driveway gate at 16391 North Shore Road- (Parcel No. 32220-50-02007) that needs
replaced before negatively affecting the Alexander's property and the North Shore
Road.
With no permitting records of who constructed the rock wall, which sits partially on
the Anderson's property and the county road easement, Public Works and
Alexander's have agreed that replacement of the wall would be a mutual benefit to
both parties.
BUDGET IMPACT:
The estimated cost to build a new ecology block wall is $36,660.25. The Alexander's
have agreed to pay one-third of the cost ($12,100 or no more than $14,000) and
grant the County right of entry onto their property for removal and replacement of
the current rock wall and for future maintenance of the new ecology block wall.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board of County Commissioners authorize the County Engineer to
sign the Construction and Maintenance Easement agreement, along with any agreed
upon amendments or modification to the agreement, between the County and Cheryl
and Richard Alexander for the ecology block wall at 16391 North Shore Road
that is located on the county road easement and the Alexander's property.
Briefmg Summary
After recording return document to:
Mason County Public Works Department
100 W Public Works Drive
Shelton,WA 98584
Document Title: CONSTRUCTION&MAINTENANCE EA T AGREEMENT
Grantor(s): CHERYL AND RICHARD ALEXANDEI ,_.>
Grantee: MASON COUNTY
Abbreviated Legal Description: Great Bend Waterfront Trs Blk: 2 PCL 4 o #12-03 REV 1PTN of
W'/z Lot 6,Lots 7, 8&9& 1/6 Ownership in Pier, S 38/207, S 39-206-208
Assessor's Property Tax Parcel Number: 32220-50-02007
CONSTRUCTION& MAINTENANCE
EASEMENT AGREEMENT
This agreement is made and entered into by and between Mason County,hereafter referred to as the
"COUNTY"and Richard&Cheryle Alexander 16391 NE North Shore Road,Tahuya WA 98588,
hereafter referred to as"ALEXANDERS,"together referred to as the"PARTIES"and individually as the
"PARTY."
WHEREAS,a rock wall supporting the North Shore Road and protecting the ALEXANDER'S
property is failing,and
WHEREAS,the rock wall is located on both the county,Woament and the ALEXANDER'S
property,and
WHEREAS,the undersigned PARTIES recognize the overall benefit of jointly participating in
the replacement of the failing rock wall,and
WHEREAS,there is no record of permits for*wall construction or knowledge of who
constructed the rock wall,and Il
NOW THEREFORE,in consideration of the mutual benefits and covenants herein the
PARTIES agree the following will join articipate in replacing the failing wall with an ecology block
wall,which is estimated to cost$36,6
1. PROJECT LOCATION
Address: 16391 North Shore Rd Tahuya, WA 98588
Parcel No.: 32220-50-02007 '.....
Location: From NE property comer W to the driveway gate
2. MUTUALLY AGREED
2,1 ALEXANDERS agree to.
1. Grant the COUNTY a right of entry onto their property for the removal and
replacement of the failing rock wall and for maintenance of the new ecology block
wall.
'2 Move their storage shed away from the construction area,or if not,hold Mason
County harmless if the shed is damaged during construction of new wall.
3. Pay one third(estimated to be$12,100)of the actual cost to Mason County PW for
building the new ecology block wall,but no more than$14,000.
2.2 COUNTY to:
1. Remove the identified failing rock wall,and replace it with a new ecology block wall
built within the same general footprintlalignment.
2. Complete the project no later than June 1,2020,weather and workload permitting of
the COUNTY.
3. Provide at least two-weeks' notice to the ALEXANDERS prior to starting project.
4. To start its maintain the new wall within the Right of Way and the ALEXANDERS
property upon physical completion.
3. RIGHT OF ENTRY
The ALEXANDER'S hereby grant the COUNTY a right of entry upon said premises at any
time with all necessary crews,materials,and appliances for the purposes of constructing, inspecting,
replacing,repairing and maintaining and further providing that the ALEXANDERS,their heirs,
successors or assigns shall not erect,place,or construct any permanent structure(s)within the easement
area. Permanent structure shall mean any concrete foundation, concrete slab,wall,rockery,building,
deck,overhanging structures,fill material,recreational sport courts,carports,portable sheds,private
utilities,fences,or other site improvement that will unreasonably interfere with the need to access or
construct the ecology block wall in said easement area. Permanent structures shall not mean
improvements such as normal landscaping,asphalt paving, gravel,or other similar site improvements that
do not prevent the access of men,materials,and machinery across,along,and within the said easement
area. Any land restoration by the COUNTY within the said easement area due to the construction,
inspection,replacement,repair,or maintenance of ecology block wall will be strictly limited to grass
seed,grass sod,and/or asphalt replacement,unless otherwise determined by the County Engineer.
4. HOLD HARMLESS
Mason County, its successors or assigns,will protect,save and hold harmless the Owner,his or
her authorized agents and employees,against all claims, actions, costs,damages or expenses of any nature
whatsoever,arising by reason of the negligent acts or omissions of the County, its assigns,agents,
contractors, licensees, invitees or employees arising out of or in connection with acts or activities
authorized by this Right of Entry. The County further agrees to defend the Owner, his or her agents or
employees in litigation arising out of the negligent acts or omissions of the County in connection with
acts or activities authorized by this Right of Entry. This obligation shall not include such claims,costs,
damages or expenses, including payment of any costs or attorney's fees resulting from any claim or action
commenced,which may be caused by the negligence of the Owner or his or her authorized agents or
employees;Provided,that if the claims or damages are caused by or result from the concurrent negligence
of the Owner,his or her agents or employees and the County, its agents or employees,and involves those
actions covered by RCW 4.24.115,this indemnity provision shall be valid and enforceable only to the
extent of the negligence of the County or the County's agents or employees.
ALEXANDERS initials acknowledging indemnity terms:
The 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 ALEXANDER'S indemnity
obligations under this Agreement.
The ALEXANDERS agree all ALEXANDERS' indemnity obligations shall survive the completion,
expiration or termination of this Agreement.
5. VENUE
In the event that either PARTY deems it necessary to institute legal action or proceeding to enforce
any right or obligation under this Agreement,the PARTIES hereto agree that any such action or proceedings
shall be brought in the superior court situated in MASON County, Washington. Further, the PARTIES
agree that each will be solely responsible for payment of its own attorney's fees,witness fees,and costs.
6. AGREEMENT REPRESENTATIVES
The COUNTY and the PORT have designated the following Representatives for all communications
under this Agreement.
COUNTY: Mason County Public Works
Road Operations&Maintenance Manager
100 W.Public Works Drive
Shelton,WA 98584
(360)427-9670 ext.450
ALEXANDERS: Cheryl and Richard Alexander
10543 E 37'Place
Yuma,AZ 85365-6882
(360)271-1711
7. MODIFICATION
This Agreement may be amended or modified only by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless they are in writing and signed by persons
authorized to bind each of the Parties.
8. TERMINATION
8.1 The COUNTY may terminate this Agreement after providing the ALEXANDERS with a sixty
(60)calendar days written notice of termination. The ALEXANDERS may terminate this Agreement only
with written concurrence from the COUNTY. '
8.2 In the event the COUNTY elects to alter or remove the ecology block wall,the COUNTY to be
responsible of all costs of the work performed by the COUNTY.
IN WITNESS WHEREOF,the PARTIES hereto have executed the Agreement as of the PARTY'S date
signed below.
Accepted by Grantee Mason County this day of 12020.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHI?I.=TO -: APPROVE AS TO FORM:
Sharo ' .k,Chair Tim Whitehead,Ch.DPA
STATE OF WASHINGTON )
ss
COUNTY OF MASON )
I certify that I know or have satisfactory evidence that Sharon Trask is the person who appeared
before me and said person acknowledged the she signed this instrument,on oath stated the she was
authorized to execute the instrument and acknowledged it as the Chair of Mason County Board of County
Commissioners,to be the free and voluntary act of such party for the uses and purposes therein mentioned
in said instrument.
Given under my hand and seal this day of 92020.
NOTARY PUBLIC in and for the State of
Washington,residing at
My commission expires:
Accepted by Grantor Cheryl and Richard Alexander this day of 12020.
By: By:
Cheryl Alexander Richard Alexander
STATE OF WASHINGTON )
ss
COUNTY OF )
I certify that I know or have satisfactory evidence that Cheryl and Richard Alexander are the
persons who appeared before me,and said persons acknowledged that she/he signed this instrument,on
oath stated that he was authorized to execute the instrument and acknowledged it as the property owners
be her/his free and voluntary act of such party for the uses and purposes mentioned in said instrument.
Given under my hand and seal this day of 12020.
NOTARY PUBLIC in and for the State of
Washington,residing at
My commission expires:
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Loretta Swanson, Director
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES: October 13, 2009
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other- please explain
ITEM: Public Works Facility - Water/Wastewater System Design Contract
EXECUTIVE SUMMARY:
A consultant agreement with Gibbs & Olson was executed on February 27, 2017 to
design the water, reclaimed water and wastewater systems from the Public Work's
facility to connect to the City of Shelton mains in the vicinity of Public Works Drive
and SR102.
The project was managed by the former Public Works Engineering & Construction
Managers and the contract expired before the position was filled by the current
manager. Scope of work was completed up to ninety percent of the design drawings
before the contract expired on December 31, 2019.
To complete the project, Public Works is requesting the Board allow the County
Engineer to re-enter into an agreement with Gibbs & Olson that retracts only the
completed tasks from the original contract.
BUDGET IMPACT:
The agreement executed on February 27, 2017 had a maximum payable amount of
$90,000. Currently, $31,298.26 remains unused and will be the maximum payable
amount for the re-executed agreement.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board authorize the County Engineer to re-execute a Consultant
Agreement with Gibbs & Olson to continue and complete the work started under
Agreement 17-005 that expired at the end of 2019 calendar year to design the
water/wastewater system that will connect to the City of Shelton mains in the vicinity
of Public Works Drive and SR102.
ATTACH EM ENTS:
• Agreement No. 17-005
• Agreement
z/20/2020
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number: 17-005
Firm/Organization Legal Name(do not use dba's):
Gibbs&Olson
Address Federal Aid Number
1157 3rd Ave, Ste 219,Longview,WA 98632
UBI Number Federal TIN or SSN Number
600 113 860 91-0727389
Execution Date Completion Date
12/31/2019
1099 Form Required Federal Participation
❑ Yes Q No ❑ YesX❑ No
Project Title
Public Works Facility- Water/Wastewater System Design
Description of Work
This work includes the design of the water,reclaimed water, and wastewater systems from the existing facility
to connect to the City of Shelton mains in the vicinity of Public Works Drive and SR102.
❑ Yes No DBE Participation Maximum Amount Payable: $90,000
❑ Yes Q No MBE Participation
❑ Yes Q No WBE Participation
❑ Yes Q No SBE Participation
Index of Exhibits
Exiiibit A Scope of Work
I xIiibit F DBE Participation
Exhibit C; Preparation and Delivery of Electronic Engineering and Other Data
F_xhibit D Prime Consultant Cost Computations
F<xhibit F Sub-consultant Cost Computations
Exhibit F Title VI Assurances
E iiibit G' Certification Documents
r.,r-zmi
l xhibit E Alleged Consultant Design Error Procedures
Fxhibi± I Consultant Claim Procedures
Agreement Number: 17-005
Local Agency ABE Professional Services Negotiated Hourly Rate Consultant Agreement Page i of 14
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THIS AGREEMENT,made and entered into as shown in the"Execution Date"box on page one(1)of this
AGREEMENT,between the Mason County Public Works
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. General 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 General 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: 17-005
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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.
The CONSULTANT,on a monthly basis,is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports,PS&E materials,and other data famished 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: Sarah Grice Name: Mike Marshall
Agency: Mason County Public Works Agency: Gibbs&Olson
Address: 100 W Public Works Dr Address: 2604 12th Court SW,Ste A
City: Shelton State: WA Zip: 98584 City: Olympia State: WA Zip: 98502
Email: sarahg@co.mason.wa.us Email: mmarshall@gibbs-olson.com
Phone: (360)427-9670 x463 Phone: (360)352-1120 x18
Facsimile: (360)427-7783 Facsimile: (360)352-1102
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. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must 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,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. 17-005
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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 (w, Fc.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements-Direct(Raw)Labor,Indirect Cost Rate,
and Fixed Fee(Profit). The CONSULTANT shall be paid by the AGENCY for work done,based upon the
negotiated hourly rates shown in Exhibits"D"and"E"attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated
rates shall be memorialized in a final written acknowledgement between the parties. Such final written
acknowledgement shall be incorporated into,and become a part of,this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date,as memorialized in a final written acknowledgement,
to 180 days following the CONSULTANT's fiscal year end(FYE)date.
The direct(raw)labor rates and classifications,as shown on Exhibits"D"and"E"shall be subject to
renegotiations for each subsequent twelve(12)month period(180 days following FYE date to 180,days
following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety(90)days following the CONSULTANT's FYE date. If no such written
request is made,the current direct(raw)labor rates and classifications as shown on Exhibits"D"and"E",
will remain in effect for the twelve(12)month period.
Conversely,if a timely request is made in the manner set forth above,the parties will commence negotiations
to determine the new direct(raw)labor rates and classifications that will be applicable for the twelve(12)
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement
between the parties. Such final written acknowledgement shall be incorporated into,and become a part of,this
AGREEMENT. If requested,the CONSULTANT shall provide current payroll register and classifications to aid
in negotiations. If the parties cannot reach an agreement on the direct(raw)labor rates and classifications,the
AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's
actual costs. The audit findings will establish the direct(raw)labor rates and classifications that will be
applicable for the twelve(12)month period.
The fixed fee as identified in Exhibits"D"and"E"shall represent a value to be applied throughout the life
of the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the
close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates
under this AGREEMENT,even if/when other components of the hourly rate are not renegotiated. These rates
will be applicable for the twelve(12)month period. At the AGENCY's option,a provisional and/or conditional
indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the
updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional
or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved
indirect cost rate for the twelve(12)month period. These requests for provisional indirect cost rate and/or
extension will be considered on a case-by-case basis,and if granted,will be memorialized in a final written
acknowledgement.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the
hourly rates,i.e., direct(raw)labor,indirect cost rate,and fixed fee(profit)percentage. The CONSULTANT
shall bill each employee's actual classification,and actual salary plus indirect cost rate plus fixed fee.
Agreement Number: 17-005
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B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include,but are not limited to,the following items: travel,printing,long distance telephone,
supplies,computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest
price available,unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the
rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the
WSDOT's Accounting Manual M 13-82,Chapter 10—Travel Rules and Procedures,and all revisions thereto.
Air,train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations(CFR)
Part 31.205-46"Travel Costs."The billing for Direct Non-salary Costs shall include an itemized listing of the
charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting
documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon
request. All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C. Maximum Amount Payable:The Maximum 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.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit"D,"including names and classifications of all employees,and billings for all direct non-
salary expenses. 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.
E. 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 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 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.
F. 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.
An interim or 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: 17-005
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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`B"attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
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 this 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: 17-005
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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. seg.)
(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 for actual hours charged at the time of
termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
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.
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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
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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 AGENCY,their agents,officers,employees,sub-consultants,subcontractors and or
vendors,of any tier,or any other persons for whom the STATE and/or 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 famished 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 and/or AGENCY's,their agents',officers'and employees'failure to comply
with specific written instructions regarding use provided to STATE and/or 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 rimes 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: 17-005
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14
Revised 411012015
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 Als. 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: Sarah Grice
Agency: Mason County Public Works
Address: 100 W Public Works Dr
City: Shelton State: WA Zip: 98584
Email: sarahg@co.mason.wa.us
Phone: (360)427-9670 x463
Facsimile: (360)427-7783
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: 17-005
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14
Revised 411012015
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: 17-005
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14
Revised 411012015
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 records(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. 17-005
Local AgencyA&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14
Revised 4(10/2015
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,AGREEMENTs,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. 17-005
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14
Revised 411012015
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(l)of this AGREEMENT. _
Signature Date
—AA- ,� � 2.21• U(I
Signature Date
Any moderation, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number: 17-005
Local AgencyABE Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14
Revised 411012015
Exhibit A
Scope of Work
Project No. 667-2
See attached Exhibit A.
Agreement Number: 17-005
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 1013012014
EXHIBIT A
SCOPE OF WORK
MASON COUNTY
PUBLIC WORKS FACILITY UTILITIES PROJECT
PROJECT DESCRIPTION
Mason County Public Works(County or Client)has identified the need to make several utility
improvements to their public works facility which include switching part of the building to City
of Shelton potable water,constructing a new %z mile reclaimed water line from Highway 102 to
the facility and constructing %s mile of sewer main to connect to the City of Shelton sewer main
in Highway 102.The existing septic system will be abandoned per County requirements.
ASSUMPTIONS
The Engineer has utilized the following assumptions in preparing this Scope of Work and the
associated Budget. In the event that any ultimate facts or events differ from these assumptions,the
Engineer's Scope of Work,Schedule and Budget shall be adjusted accordingly.
A. Department of Health approval of the design plans and specifications is not required for the
water switch over.
B. Department of Health approval of the design plans and specifications for the new reclaimed
water line is required.
C. Department of Ecology approval of the design plans and specifications is not required.
D. Geotechnical work is not included.
E. The County will secure all easements required on private property.
F. The County will perform any required surveying and will provide an AutoCAD 2015
drawing file with survey points and surface to the Engineer.
G. City of Shelton design standards will be used.
H. Two separate plan and technical specification documents will be prepared for bidding
purposes. The first will be the water switch over which will be bid in 2017. The second will
be the reclaimed water and sewer lines which will be bid in 2018.
I. The Engineer shall prepare technical specifications in WSDOT format. The County will
prepare the rest of the bid package.
J. No pump station design is included.
DESIGN PHASE ENGINEERING SERVICES
Pre-Design Phase-Basic Engineering
During the Pre-Design Phase,the Engineer shall:
a) Prepare evaluation of conveying sanitary sewer from the County's facility to the City's
system by gravity versus with a small grinder pump station and forcemain.
b) Review all as-constructed drawings.
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Design Phase
During the Design Phase,the Engineer shall:
a) Prepare final drawings to show the general scope,extent and character of the work to be
furnished and performed by Contractor(s)hereinafter called Drawings and Technical
Specifications which will be prepared in conformance with WSDOT and APWA Standard
Specification format.
For the water switchover phase of the project, it is anticipated that the construction
requirements for the project can be shown on approximately 6 drawing sheets(measuring
22"x 34")and will include one cover sheet,one index,notes and legend sheet,three plan
view sheets and one detail sheet.Design will include developing a water switch over plan to
be followed during construction.A new RPBA with enclosure for the existing well and
power for the existing RPBA's enclosure will be incorporated into the design. Specifications
for the electrical work will be performance based and identify the requirements and field
locations of electrical work to be performed with the Contractor being responsible for
electrical design.Other technical specifications will be based on WSDOT Standard
Specifications.
For the reclaimed water and sanitary sewer phase of the project,it is anticipated that
construction requirements for the project can be shown on approximately 12 drawing sheets
(measuring 22"x 34")including one cover sheet,one index,notes and legend sheet,six(6)
plan view sheets and four detail sheets.The technical specifications will be comprised of
approximately 75 pages(8-1/2"x 11").
b) Provide technical criteria,written descriptions and data for Client's use in filing applications
for permits with or obtaining approvals of such governmental authorities as have jurisdiction
to approve the design of the Project,and assist Client in consultations with appropriate
authorities.
c) Advise Client of any adjustments to the latest opinion of probable Total Project Costs caused
by changes in general scope,extent or character or design requirements of the Project or
Construction Costs. Furnish to Client a revised opinion of probable Total Project Costs
based on the Drawings and Specifications.
d) Provide Project Administration and Meetings consisting of the following:
1. Prepare monthly narrative progress reports and submit to the Client.
2. Prepare a draft project schedule using Excel and review schedule with the Client,adjust
as necessary and prepare a final schedule.
3. Update the schedule as the project proceeds and provide copies of the schedule to the
Client together with the monthly payment requests.
4. Participate with Client in up to six meetings,two for the water switch over and four for
the reclaimed water and sewer work.
e) Design Phase Deliverables include the following:
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Monthly progress reports
Monthly schedule updates
Meeting agendas for up to 6 meetings
Meeting notes from monthly project meetings
50%complete Drawings and Specifications in.pdf format
Draft(90%complete)Drawings and Specifications in.pdf format
PDF of Bid Ready(100%complete)Drawings and technical specifications
BID PHASE ENGINEERING SERVICES
Work under this task includes Bidding Phase Engineering Services for the two utility projects as
follows:
a) Engineer will make arrangements to provide the drawings and technical specifications for
bidding to the Client.
b) Receive contract questions from plan holders and prospective bidders and prepare
appropriate answers.
c) Issue addenda as appropriate to interpret,clarify,amend,or expand the Bidding
Documents.
Bidding and Award Phase Deliverables include:
One.pdf electronic set of bidding documents for construction of the water switch over project for
the Client's use.
One.pdf electronic set of bidding documents for construction of the reclaimed water and sanitary
sewer system improvements for the Client's use.
Addenda that have been issued for both bid sets.
CONSTRUCTION MANAGEMENT PHASE ENGINEERING SERVICES
Work under this task includes Construction Phase Engineering for the project as follows:
a) Client shall contract directly with a licensed or certified subconsultant for soils compaction
and asphalt testing and shall coordinate with subconsultant to provide soils compaction and
asphalt as appropriate. Engineer has NOT included these services as part of this scope of
work or budget.
b) Visits to Site and Observation of Construction.In connection with observations of the work
of the Contractor(s)while it is in progress:
1) Engineer shall make one(1)site visit for the water switch over construction and two(2)
site visits for the reclaimed water and sewer at intervals appropriate to the various stages
of construction as Engineer deems necessary in order to observe as an experienced and
qualified design professional the progress and quality of the various aspects of
Contractor(s)'work. The County shall provide the Resident Project Representative at the
site to assist the Engineer and to provide more continuous observation of such work.
Based on information obtained during such visits and on such observations,Engineer
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shall endeavor to determine in general if such work is proceeding in accordance with the
Contract Documents and Engineer shall keep the Client informed of the progress of the
work.
2) The purpose of Engineer's visits to the site will be to enable Engineer to better carry out
the duties and responsibilities assigned to and undertaken by Engineer during the
Construction Phase,and, in addition,by exercise of Engineer's efforts as an experienced
and qualified design professional,to provide for the Client a greater degree of confidence
that the completed work of Contractor(s)will conform generally to the Contract
Documents and that the integrity of the design concept as reflected in the Contract
Documents has been implemented and preserved by Contractor(s). On the other hand,
Engineer shall not,during such visits or as a result of such observations of Contractor(s)'
work in progress,supervise,direct or have control over or responsibility for the means,
methods,techniques,sequences,or procedures of construction selected by Contractor(s),
for safety precautions and programs incident to the work of the Contractor(s)or for any
failure of Contractor(s)to comply with laws,rules,regulations,ordinances,codes,or
orders applicable to Contractor(s)furnishing and performing their work. Accordingly,
Engineer can neither guarantee the performance of the construction contracts by
Contractor(s)nor assume responsibility for Contractor(s)'failure to furnish and perform
their work in accordance with the Contract Documents.
c) Defective Work.During such visits and on the basis of such observations,Engineer may
disapprove of or reject Contractor(s)'work while it is in progress if Engineer believes that
such work will not produce a completed Project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the Project as
reflected in the Contract Documents. Should this be the case,Engineer will notify the Client
immediately.
d) Interpretations and Clarifications.Engineer shall issue necessary interpretations and
clarifications of the Contract Documents and in connection therewith prepare work directive
changes and change orders as required.
e) Shop Drawings. Engineer shall review and take appropriate action in respect of Shop
Drawings,samples and other data,which Contractor(s)are required to submit for compliance
with the Contract Documents. Such reviews and approvals or other action shall not extend to
means,methods,techniques,sequences or procedures of construction or to safety precautions
and programs incident thereto.
f) Disputes between Client and Contractor. Engineer shall act as initial interpreter of the
requirements of the Contract Documents and judge of the acceptability of the work
thereunder and make decisions on all claims of the Client and Contractor(s)relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work. Engineer shall not be liable for the
result of any such interpretations or decisions rendered in good faith and made in
conformance with the Standard of Practice identified in Exhibit C,Item B.
g) Inspections. Engineer shall conduct an inspection to determine if the work is substantially
complete and a final inspection to determine if the completed work is acceptable so that the
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Engineer may assist the Client in preparing a final punch list.
h) Prepare a set of reproducible record prints of Drawings showing those changes made during
the construction process,based on the marked-up prints,drawings and other data furnished
by Contractor(s)to Engineer and which Engineer considers significant.
i) Limitations of Responsibility.Engineer shall not be responsible for the acts or omissions of
any Contractor,or of any subcontractor or supplier,or any of the Contractor(s)'or
subcontractor's or supplier's agents or employees or any other persons(except Engineer's
own employees and agents)at the site or otherwise furnishing or performing any of the
Contractor(s)'work;however,nothing contained in paragraphs"a"through"g"above,shall
be construed to release Engineer from liability for failure to properly perform duties and
responsibilities assumed by Engineer in the Contract Documents.
SCHEDULE:
Submit 50%design drawings and technical specifications for the water switch over for Client
review within 8 weeks of Notice to Proceed.
Submit 90%design drawings and technical specifications for Client review within 4 weeks of
Engineer receiving Client 50%review comments.
Submit 100%design drawings and technical specifications to Client within 2 weeks of Engineer
receiving Client 90%review comments.
Design drawings and technical specifications for reclaimed water line and sewer lines are
anticipated to be completed by December 31,2017.
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Exhibit B
DBE Participation
None
Agreement Number: 17-005
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 10/3012014
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
The survey data transmitted shall include the original points along with the TIN that was generated from
the points with contours,right of way and all topographic features.It shall be in AutoCAD files compatible
with Civil 31)2015
B. Roadway Design Files
All design deliverables will be generated in a design program compatible to Civil 3D 2015.They will be
designed to current code specified by the County.
C. Computer Aided Drafting Files
All drawings shall be in AutoCAD files compatible with Civil 3D 2015 with the title block provided by the
County. Upon completion of the project all drawing electronic files shall be transmitted to the County.
Agreement Number: 17-005
WSOOT Form 140-089 EF Exhibit C Page!of 4
Revised 1013012014
D. Specify the Agency's Right to Review Product with the Consultant
If the County determines that a deliverable does not meet the County acceptance criteria the County shall
notify the consultant in writing and describe in reasonable detail the basis of the rejection. Upon receipt of
the rejection notice the consultant will modify or improve the deliverable,at the consultants expense,so
that the deliverable meets the County's acceptance criteria.
E. Specify the Electronic Deliverables to Be Provided to the Agency
All files,reports,plans,and specifications produced from this contract will be delivered to Mason County
Public Works in an electronic format compatible with the County's software. Hard copies will also be
delivered to the County upon request. Additional documentation may be requested by the County and the
consultant will provide said documentation electronically as well as hard copies if requested.on completion
of services or termination of this agreement,all drawings,map originals,survey notes,field books,
calculations,reports and all data used will become the property of the county.
F. Specify What Agency Furnished Services and Information Is to Be Provided
The County will provide the Consultant with any information needed by the consultant for rendering the
services required under this contract.Information rendered by sources other than the County,may be used
by the consultant,but the County assumes no liability for it's accuracy or completeness.
Agreement Number: 17-005
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 1013012014
H. Any Other Electronic Files to Be Provided
See section E of this exhibit
III.Methods to Electronically Exchange Data
All electronic exchange of data will be delivered to the County by email,or removable storage devices at the
County's request. On completion of services or termination of this agreement,all drawings,map originals,
survey notes,field books,calculations,reports and all data used will become property of the County.
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 1013012014
A. Agency Software Suite
AutCAD Civil 3D 2015,MS Office,Adobe PDF
B. Electronic Messaging System
C. File Transfers Format
Files delivered to the County will be in a format specified by the County that is compatible with the
County's software
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 1013012014
Exhibit D
Prime Consultant Cost Computations
See attached Exhibit B.
Agreement Number: 17-005
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 1013012014
Exhibit B-Budget L-R
Mason County-Public Works facility Utilities Project
Date Prepared: January 26,2017
Gibbs&Olson,Inc.
Task Proj. Engineer Engineer CAD Word
No. Task Description Mgr. V I Processor Cost
Water Switch Over Documents
1 Gather and review background information/data 2 2 4 0 0 $1,018
2 Prepare 50%Drawings and Specifications 8 4 16 16 4 $5,336
3 Prepare 90%Drawings and Specifications 2 2 8 4 2 $1,908
4 Prepare 100%Drawings and Specifications 2 2 8 4 2 $1,908
5 Assist County in Obtaining Plumbing Permit 2 0 0 2 0 $560
6 Project Administration and 2 Meetings with Clients 16 4 2 0 0 $3,662
7 Bid Phase Services 4 2 2 2 2 $1,534
8 Construction Phase Services/Record Drawings 16 4 4 0 2 $3,974
Subtotal $19,900
Reclaimed Water and Sanitary Sewer Documents
9 Gather and review background information/data 4 4 8 0 0 $2,036
10 Evaluate gravity sewer pipe versus small pump station and forcemain to get to City sewer main 4 4 4 0 0 $1,680
11 Project Administration and 4 Meetings with the Client 28 4 8 0 4 $6,624
12 Prepare 50%Drawings and Specifications 24 32 80 32 4 $19,740
13 Prepare 90%Drawings and Specifications 16 24 60 32 4 $15,312
14 Prepare 100%Drawings and Specifications 8 8 24 8 4 $5,652
15 Assist with permits(DOH approval,WSDOT and County ROW) 12 2 8 4 0 $3,574
16 Bid Phase Services 8 2 8 2 2 $2,788
17 Construction Phase Services/Record Drawings 40 8 24 0 4 $10,812
Subtotal $68,418
Total Hours by Staff Position 196 108 268 106 34
SUBTOTAL $88,318
Telephone $25
Mileage $350
Reproduction $150
Miscellaneous Project Expenses $257
Total Engineering Budget $89,100
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.
Agreement Number: 17-005
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 10130/2014
Exhibit F
Title Vl 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: 17-005
WSDOT Form 140-089 EF Exhfbft F Page 1 of 1
Revfsed 1013012014
Exhibit G
Certification Documents
['Airibit G-1(a), Certification of Consultant
Exhibit G-1(b) Certification of Mason County Public Works
Exhibit CT Certification Regarding Debarment,Suspension 4 Other Responsibility Matters-
Primary Covered Transactions
E,, ilbit G-I Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
L,dilbit U-4 Certificate of Current Cost or Pricing Data
Agreement Number: 17-002
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Gibbs&Olson
whose address is
1157 3rd Ave, Ste 219,Longview,WA 98632
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 fur 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.
Gibbs&Olson
Consultant(Firm Name)
Ig nature(Authorized Official of Consultant) Date
Agreement Number: 17-002
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
Exhibit G-1(b) Certification of Mason County Public Works
I hereby certify that I am the:
❑� County Engineer
❑ Other
of the Mason County Public Works ,and Gibbs&Olson
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,ofFederal-aid highway funds,and is.subject_to applicable State and
Federal laws,both criminal and civil.
_AdiJl• �I t�`'i 1 2 Z. 7'�.v P 'f
Signature Date
Agreement Number. 17-002
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. 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.
Il. 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.
Gibbs&Olson
Consultant(Firm Name)
i
01
Signature(Authorized Official of Consultant) Date
Agreement Number: 17-002
INSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/3012014
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.
Gibbs&Olson
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number: 17-002
WSDOT Form 140-089 EF Exhibit G Page i of 1
Revised 1013012014
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 PW Facility-Water/Wastewater System *are accurate,complete, and current
as of January 26,2017
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: Gibbs&Olson
Sign ti re 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: 17-005
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
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 error(s)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. 17-005
WSDOT Form 140-089 EF Exhibit I Page 1 of 2
Revised 1013012014
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: 17-005
WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2
Revised 1013012014
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: 17-005
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 1013012014
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: 17-005
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 1013012014
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number: 2020-01
Firm/Organization Legal Name (do not use dba's):
Gibbs &Olson
Address Federal Aid Number
1157 3rd Ave, Ste 219, Longview, WA 98632
UBI Number Federal TIN or SSN Number
600 113 860 91-0727389
Execution Date Completion Date
12/31/2021
1099 Form Required Federal Participation
❑ Yes ❑1 No ❑ Yes ❑ No
Project Title
Public Works Facility-Water/Wastewater System Design
Description of Work
This work includes the design of the water,reclaimed water, and wastewater systems from the existing facility
to connect to the City of Shelton mains in the vicinity of Public Works Drive and SRI 02.
❑ Yes ❑4 No DBE Participation Maximum Amount Payable: $90,000
❑ Yes No MBE Participation
❑ Yes No WBE Participation
❑ Yes 0 No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
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
Ez�rrhibit ii
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Agreement Number: 2020-01
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14
Revised 4110/2015
THIS AGREEMENT,made and entered into as shown in the"Execution Date"box on page one(1)of this
AGREEMENT,between the Mason County Public Works ,
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:
1. 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. General 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 General 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: 2020-01
Local Agency A&E Professional Services Negotiated Hourly Rate Consu/tantAgreement Page 2 of 14
Revised 411012015
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.
The CONSULTANT,on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
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: Dave Smith Name: Mike Marshall
Agency: Mason County Public Works Agency: Gibbs&Olson
Address: 100 W Public Works Dr Address: 2604 12th Court SW, Ste A
City: Shelton State: WA Zip: 98584 City: Olympia State: WA Zip: 98502
Email: dnsmith@co.mason.wa.us Email: mmarshall@gibbs-olson.com
Phone: (360)427-9670 x450 Phone: (360) 352-1120 x18
Facsimile: (360)427-7783 Facsimile: (360)352-1102
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. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must 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,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.
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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).
A. Hourly Rates: Hourly rates are comprised of the following elements-Direct(Raw)Labor, Indirect Cost Rate,
and Fixed Fee(Profit). The CONSULTANT shall be paid by the AGENCY for work done,based upon the
negotiated hourly rates shown in Exhibits"D"and"E"attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated
rates shall be memorialized in a final written acknowledgement between the parties. Such final written
acknowledgement shall be incorporated into,and become a part of,this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date,as memorialized in a final written acknowledgement,
to 180 days following the CONSULTANT's fiscal year end(FYE)date.
The direct(raw) labor rates and classifications, as shown on Exhibits"D"and"E"shall be subject to
renegotiations for each subsequent twelve(12)month period(180 days following FYE date to 180 days
following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety(90)days following the CONSULTANT's FYE date. If no such written
request is made,the current direct(raw) labor rates and classifications as shown on Exhibits"D"and"E",
will remain in effect for the twelve(12)month period.
Conversely, if a timely request is made in the manner set forth above,the parties will commence negotiations
to determine the new direct(raw) labor rates and classifications that will be applicable for the twelve(12)
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement
between the parties. Such final written acknowledgement shall be incorporated into,and become a part of,this
AGREEMENT. If requested,the CONSULTANT shall provide current payroll register and classifications to aid
in negotiations. If the parties cannot reach an agreement on the direct(raw) labor rates and classifications,the
AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's
actual costs. The audit findings will establish the direct(raw) labor rates and classifications that will be
applicable for the twelve(12)month period.
The fixed fee as identified in Exhibits"D"and"E"shall represent a value to be applied throughout the life
of the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the
close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates
under this AGREEMENT,even if/when other components of the hourly rate are not renegotiated. These rates
will be applicable for the twelve(12)month period. At the AGENCY's option,a provisional and/or conditional
indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the
updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional
or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved
indirect cost rate for the twelve(12)month period. These requests for provisional indirect cost rate and/or
extension will be considered on a case-by-case basis,and if granted,will be memorialized in a final written
acknowledgement.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the
hourly rates, i.e.,direct(raw) labor, indirect cost rate,and fixed fee(profit)percentage. The CONSULTANT
shall bill each employee's actual classification,and actual salary plus indirect cost rate plus fixed fee.
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B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include,but are not limited to,the following items: travel,printing, long distance telephone,
supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest
price available,unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the
rules and regulations regarding travel costs(excluding air,train, and rental car costs) in accordance with the
WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures,and all revisions thereto.
Air,train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations(CFR)
Part 31.205-46"Travel Costs."The billing for Direct Non-salary Costs shall include an itemized listing of the
charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting
documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon
request. All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C. Maximum Amount Payable:The Maximum 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.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit"D," including names and classifications of all employees,and billings for all direct non-
salary expenses. 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.
E. 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 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 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.
F. 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.
An interim or 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.
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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`B"attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
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 this 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.
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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 2000d4a) • 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 for actual hours charged at the time of
termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
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.
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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
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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 AGENCY,their agents, officers,employees, sub-consultants, subcontractors and or
vendors,of any tier, or any other persons for whom the STATE and/or 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 and/or AGENCY'S,their agents',officers'and employees'failure to comply
with specific written instructions regarding use provided to STATE and/or 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.
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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"Als"),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 Als. 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: Dave Smith
Agency: Mason County Public Works
Address: 100 W Public Works Dr
City: Shelton State: WA Zip: 98584
Email: dnsmith@co.mason.wa.us
Phone: (360)427-9670 x450
Facsimile: (360)427-7783
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
fidly 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.
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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"G4"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"G4"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: 2020-01
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14
Revised 411012015
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 records(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 term ination 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: 2020-01
Local Agency A&E Professional Services Negotiated Hourly Rate ConsuftantAgreement Page 12 of 14
Revised 411012015
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,AGREEMENTS,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: 2020-01
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14
Revised 411012015
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: 2020-01
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14
Revised 411012015
Exhibit A
Scope of Work
Project No. 667-2
See attached Exhibit A.
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 1013012014
EXHIBIT A
SCOPE OF WORK
MASON COUNTY
PUBLIC WORKS FACILITY UTILITIES PROJECT
PROJECT DESCRIPTION
Mason County Public Works(County or Client)has identified the need to make several utility
improvements to their public works facility which include switching part of the building to City
of Shelton potable water,constructing a new %mile reclaimed water line from Highway 102 to
the facility and constructing %mile of sewer main to connect to the City of Shelton sewer main
in Highway 102.The existing septic system will be abandoned per County requirements.
ASSUMPTIONS
The Engineer has utilized the following assumptions in preparing this Scope of Work and the
associated Budget. In the event that any ultimate facts or events differ from these assumptions,the
Engineer's Scope of Work, Schedule and Budget shall be adjusted accordingly.
A. Department of Health approval of the design plans and specifications is not required for the
water switch over.
B. Department of Health approval of the design plans and specifications for the new reclaimed
water line is required.
C. Department of Ecology approval of the design plans and specifications is not required.
D. Geotechnical work is not included.
E. The County will secure all easements required on private property.
F. The County will perform any required surveying and will provide an AutoCAD 2015
drawing file with survey points and surface to the Engineer.
G. City of Shelton design standards will be used.
H. Two separate plan and technical specification documents will be prepared for bidding
purposes. The first will be the water switch over which will be bid in 2017. The second will
be the reclaimed water and sewer lines which will be bid in 2018.
I. The Engineer shall prepare technical specifications in WSDOT format. The County will
prepare the rest of the bid package.
J. No pump station design is included.
DESIGN PHASE ENGINEERING SERVICES
Pre-Design Phase-Basic Engineering
During the Pre-Design Phase,the Engineer shall:
a) Prepare evaluation of conveying sanitary sewer from the County's facility to the City's
system by gravity versus with a small grinder pump station and forcemain.
b) Review all as-constructed drawings.
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Design Phase
During the Design Phase,the Engineer shall:
a) Prepare final drawings to show the general scope, extent and character of the work to be
furnished and performed by Contractor(s)hereinafter called Drawings and Technical
Specifications which will be prepared in conformance with WSDOT and APWA Standard
Specification format.
For the water switchover phase of the project, it is anticipated that the construction
requirements for the project can be shown on approximately 6 drawing sheets(measuring
22"x 34")and will include one cover sheet,one index,notes and legend sheet,three plan
view sheets and one detail sheet.Design will include developing a water switch over plan to
be followed during construction.A new RPBA with enclosure for the existing well and
power for the existing RPBA's enclosure will be incorporated into the design. Specifications
for the electrical work will be performance based and identify the requirements and field
locations of electrical work to be performed with the Contractor being responsible for
electrical design.Other technical specifications will be based on WSDOT Standard
Specifications.
For the reclaimed water and sanitary sewer phase of the project, it is anticipated that
construction requirements for the project can be shown on approximately 12 drawing sheets
(measuring 22"x 34")including one cover sheet,one index,notes and legend sheet,six(6)
plan view sheets and four detail sheets.The technical specifications will be comprised of
approximately 75 pages(8-1/2"x 11").
b) Provide technical criteria,written descriptions and data for Client's use in filing applications
for permits with or obtaining approvals of such governmental authorities as have jurisdiction
to approve the design of the Project,and assist Client in consultations with appropriate
authorities.
c) Advise Client of any adjustments to the latest opinion of probable Total Project Costs caused
by changes in general scope,extent or character or design requirements of the Project or
Construction Costs. Furnish to Client a revised opinion of probable Total Project Costs
based on the Drawings and Specifications.
d) Provide Project Administration and Meetings consisting of the following:
1. Prepare monthly narrative progress reports and submit to the Client.
2. Prepare a draft project schedule using Excel and review schedule with the Client, adjust
as necessary and prepare a final schedule.
3. Update the schedule as the project proceeds and provide copies of the schedule to the
Client together with the monthly payment requests.
4. Participate with Client in up to six meetings,two for the water switch over and four for
the reclaimed water and sewer work.
e) Design Phase Deliverables include the following:
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Monthly progress reports
Monthly schedule updates
Meeting agendas for up to 6 meetings
Meeting notes from monthly project meetings
50%complete Drawings and Specifications in .pdf format
Draft(90%complete)Drawings and Specifications in .pdf format
PDF of Bid Ready(100%complete)Drawings and technical specifications
BID PHASE ENGINEERING SERVICES
Work under this task includes Bidding Phase Engineering Services for the two utility projects as
follows:
a) Engineer will make arrangements to provide the drawings and technical specifications for
bidding to the Client.
b) Receive contract questions from plan holders and prospective bidders and prepare
appropriate answers.
C) Issue addenda as appropriate to interpret,clarify, amend,or expand the Bidding
Documents.
Bidding and Award Phase Deliverables include:
One .pdf electronic set of bidding documents for construction of the water switch over project for
the Client's use.
One .pdf electronic set of bidding documents for construction of the reclaimed water and sanitary
sewer system improvements for the Client's use.
Addenda that have been issued for both bid sets.
CONSTRUCTION MANAGEMENT PHASE ENGINEERING SERVICES
Work under this task includes Construction Phase Engineering for the project as follows:
a) Client shall contract directly with a licensed or certified subconsultant for soils compaction
and asphalt testing and shall coordinate with subconsultant to provide soils compaction and
asphalt as appropriate. Engineer has NOT included these services as part of this scope of
work or budget.
b) Visits to Site and Observation of Construction.In connection with observations of the work
of the Contractor(s)while it is in progress:
1) Engineer shall make one(1) site visit for the water switch over construction and two(2)
site visits for the reclaimed water and sewer at intervals appropriate to the various stages
of construction as Engineer deems necessary in order to observe as an experienced and
qualified design professional the progress and quality of the various aspects of
Contractor(s)'work. The County shall provide the Resident Project Representative at the
site to assist the Engineer and to provide more continuous observation of such work.
Based on information obtained during such visits and on such observations,Engineer
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shall endeavor to determine in general if such work is proceeding in accordance with the
Contract Documents and Engineer shall keep the Client informed of the progress of the
work.
2) The purpose of Engineer's visits to the site will be to enable Engineer to better carry out
the duties and responsibilities assigned to and undertaken by Engineer during the
Construction Phase,and, in addition,by exercise of Engineer's efforts as an experienced
and qualified design professional,to provide for the Client a greater degree of confidence
that the completed work of Contractor(s)will conform generally to the Contract
Documents and that the integrity of the design concept as reflected in the Contract
Documents has been implemented and preserved by Contractor(s).On the other hand,
Engineer shall not,during such visits or as a result of such observations of Contractor(s)'
work in progress, supervise,direct or have control over or responsibility for the means,
methods,techniques, sequences, or procedures of construction selected by Contractor(s),
for safety precautions and programs incident to the work of the Contractor(s)or for any
failure of Contractor(s)to comply with laws, rules,regulations,ordinances, codes,or
orders applicable to Contractor(s)furnishing and performing their work.Accordingly,
Engineer can neither guarantee the performance of the construction contracts by
Contractor(s)nor assume responsibility for Contractor(s)'failure to furnish and perform
their work in accordance with the Contract Documents.
c) Defective Work.During such visits and on the basis of such observations,Engineer may
disapprove of or reject Contractor(s)'work while it is in progress if Engineer believes that
such work will not produce a completed Project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the Project as
reflected in the Contract Documents. Should this be the case,Engineer will notify the Client
immediately.
d) Interpretations and Clarifications.Engineer shall issue necessary interpretations and
clarifications of the Contract Documents and in connection therewith prepare work directive
changes and change orders as required.
e) Shop Drawings. Engineer shall review and take appropriate action in respect of Shop
Drawings, samples and other data,which Contractor(s)are required to submit for compliance
with the Contract Documents. Such reviews and approvals or other action shall not extend to
means, methods,techniques, sequences or procedures of construction or to safety precautions
and programs incident thereto.
f) Disputes between Client and Contractor. Engineer shall act as initial interpreter of the
requirements of the Contract Documents and judge of the acceptability of the work
thereunder and make decisions on all claims of the Client and Contractor(s)relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work. Engineer shall not be liable for the
result of any such interpretations or decisions rendered in good faith and made in
conformance with the Standard of Practice identified in Exhibit C,Item B.
g) Inspections. Engineer shall conduct an inspection to determine if the work is substantially
complete and a final inspection to determine if the completed work is acceptable so that the
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Engineer may assist the Client in preparing a final punch list.
h) Prepare a set of reproducible record prints of Drawings showing those changes made during
the construction process,based on the marked-up prints,drawings and other data furnished
by Contractor(s)to Engineer and which Engineer considers significant.
i) Limitations of Responsibility.Engineer shall not be responsible for the acts or omissions of
any Contractor,or of any subcontractor or supplier,or any of the Contractor(s)'or
subcontractor's or supplier's agents or employees or any other persons(except Engineer's
own employees and agents)at the site or otherwise furnishing or performing any of the
Contractor(s)'work;however,nothing contained in paragraphs "a"through "g" above, shall
be construed to release Engineer from liability for failure to properly perform duties and
responsibilities assumed by Engineer in the Contract Documents.
SCHEDULE:
Submit 50%design drawings and technical specifications for the water switch over for Client
review within 8 weeks of Notice to Proceed.
Submit 90%design drawings and technical specifications for Client review within 4 weeks of
Engineer receiving Client 50%review comments.
Submit 100%design drawings and technical specifications to Client within 2 weeks of Engineer
receiving Client 90%review comments.
Design drawings and technical specifications for reclaimed water line and sewer lines are
anticipated to be completed by December 31,2017.
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Exhibit B
DBE Participation
None
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 10/3012014
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
The survey data transmitted shall include the original points along with the TIN that was generated from
the points with contours,right of way and all topographic features.It shall be in AutoCAD files compatible
with Civil 3D 2015
B. Roadway Design Files
All design deliverables will be generated in a design program compatible to Civil 3D 2015. They will be
designed to current code specified by the County.
C. Computer Aided Drafting Files
All drawings shall be in AutoCAD files compatible with Civil 3D 2015 with the title block provided by the
County.Upon completion of the project all drawing electronic files shall be transmitted to the County.
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhfbft C Page 1 of 4
Revised 1013012014
D. Specify the Agency's Right to Review Product with the Consultant
If the County determines that a deliverable does not meet the County acceptance criteria the County shall
notify the consultant in writing and describe in reasonable detail the basis of the rejection. Upon receipt of
the rejection notice the consultant will modify or improve the deliverable,at the consultants expense, so
that the deliverable meets the County's acceptance criteria.
E. Specify the Electronic Deliverables to Be Provided to the Agency
All files,reports,plans,and specifications produced from this contract will be delivered to Mason County
Public Works in an electronic format compatible with the County's software. Hard copies will also be
delivered to the County upon request.Additional documentation may be requested by the County and the
consultant will provide said documentation electronically as well as hard copies if requested.on completion
of services or termination of this agreement,all drawings,map originals, survey notes, field books,
calculations,reports and all data used will become the property of the county.
F. Specify What Agency Furnished Services and Information Is to Be Provided
The County will provide the Consultant with any information needed by the consultant for rendering the
services required under this contract.Information rendered by sources other than the County,may be used
by the consultant,but the County assumes no liability for it's accuracy or completeness.
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 1013012014
II. Any Other Electronic Files to Be Provided
See section E of this exhibit
III.Methods to Electronically Exchange Data
All electronic exchange of data will be delivered to the County by email,or removable storage devices at the
County's request.On completion of services or termination of this agreement,all drawings,map originals,
survey notes, field books,calculations,reports and all data used will become property of the County.
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 1013012014
A. Agency Software Suite
AutCAD Civil 3D 2015,MS Office,Adobe PDF
B. Electronic Messaging System
C. File Transfers Format
Files delivered to the County will be in a format specified by the County that is compatible with the
County's software
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 1013012014
Exhibit D
Prime Consultant Cost Computations
See attached Exhibit B.
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 1013012014
Exhibit B-Budget
Mason County-Public Works Facility Utilities Project
Date Prepared: January 26,2017
Gibbs&Olson,Inc.
J
Task Proj. Engineer Engineer CAD Word
No. Task Description Mgr. V I Processor Cost
Water Switch Over Documents
1 Gather and review background information/data 2 2 4 0 0 $1,018
2 Prepare 5WS Drawings and Specifications 8 4 16 1 16 4 1 $5,336
3 Prepare 90%Drawings and Specifications 2 2 8 4 2 $1,908
4 1 Prepare 100%Drawings and Specifications 2 2 8 4 2 $1,908
5 Assist County in Obtaining Plumbing Permit 2 0 0 2 0 $560
6 Project Administration and 2 Meetings with Clients 16 4 2 0 0 $3,662
7 Bid Phase Services 4 2 2 2 2 $1,534
8 Construction Phase Services/Record Drawings 16 4 4 0 2 $3,974
Subtotal $19,900
Reclaimed Water and Sanitary Sewer Documents
9 Gather and review background information/data 4 4 8 0 0 $2,036
10 Evaluate gravity sewer pipe versus small pump station and forcemain to get to City sewer main 4 4 4 0 0 $1,680
11 Project Administration and 4 Meetings with the Client 28 4 8 0 4 $6,624
12 Prepare 50%Drawings and Specifications 24 32 80 32 4 $19,740
13 Prepare 90%Drawings and Specifications 16 24 60 32 4 $15,312
14 Prepare 100%Drawings and Specifications 8 8 24 8 4 $5,852
15 Assist with permits(DOH approval,WSDOT and County ROW) 12 2 8 4 0 $3,574
16 Bid Phase Services 8 2 8 2 2 $2,788
17 Construction Phase Services/Record Drawings 40 8 24 0 4 $10,812
Subtotal $68,418
Total Hours by Staff Position 196 108 268 1 106 34
SUBTOTAL $88,318
Telephone $25
Mileage $350
Reproduction $150
Miscellaneous Project Expenses $257
Total Engineering Budget $89,100
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.
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 1013012014
Exhibit F
Title VI 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: 2020-01
WSDOT Form 140-089 EF Exhibit F Page 1 of 1
Revised 1013012014
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of Mason County Public Works
Exhibit G-2 Certification Regarding Debarment, Suspension 4 Other Responsibility Matters-
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number: 2020-01
WSDOT Forn►140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Gibbs &Olson
whose address is
1157 3rd Ave, Ste 219,Longview,WA 98632
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.
Gibbs&Olson
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
Exhibit G-1(b) Certification of Mason County Public Works
I hereby certify that I am the:
❑ County Engineer
❑ Other
of the Mason County Public Works , and Gibbs&Olson
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: 2020-01
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
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.
II. 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.
Gibbs&Olson
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
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.
Gibbs&Olson
Consultant(Firm Name)
Signature(Authorized Official of Consultant) Date
Agreement Number: 2020-01
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
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 PW Facility-Water/Wastewater System ` are accurate,complete, and current
as of January 26, 2017 ".
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: Gibbs&Olson
Signature Tide
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: 2020-01
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 1013012014
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 error(s)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: 2020-01
WSDOT Form 140-089 EF Exhibit I Page 1 of 2
Revised 1013012014
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: 2020-01
WSDOT Form 140-089 EF Exhibit I Page 2 of 2
Revised 1013012014
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: 2020-01
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 1013012014
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: 2020-01
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 1013012014
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Loretta Swanson, Director
DEPARTMENT: Public Works EXT:
BRIEFING DATE: February 24, 2020
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other— please explain
ITEM: Appointing County Engineer— Mike Collins
EXECUTIVE SUMMARY:
Provisions in Chapter RCW 36.80 require the legislative authority of each county to
employ a county road engineer. Due to the resignation of Diane Sheesley, the Board
of Mason County Commissioners designated the Engineering & Construction
Manager, Dave Smith, to also perform as the Acting County Engineer (approved
January 21, 2020, Resolution 20-11). The interim of Acting County Engineer is not to
exceed six months, per WAC 136-12-030.
Public Works and the Human Resources Department have completed the recruitment
process and Mike Collins has been selected to fill the requirements of the position of
County Road Engineer/Deputy Director.
Employment of the new county engineer will be sent to the County Road
Administration Board to meet statutory requirements.
Recommended Action:
Recommend the Board appoint Mike Collins as the County Engineer/Deputy Director
for Mason County effective on his first day, March 2, 2020.
Attachment: Resolution