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2020/04/21 - Regular Packet
Pursuant to Proclamation by the Governor 20-28, in-person attendance to Commission meetings is temporarily prohibited. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email — Mdrewry@co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners' office no later than 4 p.m. the Friday before the meeting. We intend to limit our meetings to discuss and/or take action on only necessary and routine matters or matters necessary to respond to the COVID-19 outbreak and current public health emergency. BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers—9:00 a.m. 411 North Fifth Street, Shelton WA 98584 April 21, 2020 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Announcement of contract with Cogent Construction for Building 10 (414 W. Franklin Street, Shelton) roof repair. Staff: Kelly Frazier 5. Open Forum for Citizen Input In response to the COVID-19 outbreak we are suspending Citizen Input at this time. We will accept public comment via email— Mdrewry(abco.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. We will revisit this suspension on a weekly basis. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes— March 16 and March 23, 2020 Briefing Minutes; March 24 and April 7, 2020 Regular Meeting Minutes; March 13, 2020 Special Meeting Minutes. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 04/17/20 8:46 AM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA April 7, 2020—PAGE 2 8.1 Approval of the amended scope of work for the CDBG Microenterprise Grant. 8.2 Approval of the Subrecipient Agreement with the Economic Development Council, and a modified Subrecipient agreement with the Community Action Council. 8.3 Approval to set a public hearing on Tuesday, May 19, 2020 at 9:15 a.m. to amend the 2020 Annual Construction Program and 6-year Transportation Improvement Program. 8.4 Approval to have the Chair sign and enter the County into a professional services agreement with North Mason Resources, for the period of April 21, 2020 to December 31, 2020, in order to provide basic essential items to the poor or infirm with a strong preference towards veterans in Mason County. 8.5 Approval to donate to the Community Foundation of South Puget Sound, $50,000 to be used for purposes allowed under RCW 36.22.179 and authorize the Chair to sign the necessary documents. 8.6 Approval of the resolution amending Mason County Code Title 2, Administration and Personnel adding the Mason County Public Health Emergency and Disaster Leave Sharing Policy for County Employees. 8.7 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant#s 8071308-8071708 $ 1,102,941-00 Direct Deposit Fund Warrant#s 67247-67625 $ 721,629.61 Salary Clearing Fund Warrant#s 7005099-7005133 $ 1,018,828.02 Treasurer Electronic Remittances $ 1,550,022.46 8.8 Approval to have the Chair sign a letter regarding continuation of the Family Recovery Court Expansion grant #19T181939A from the Substance Abuse and Mental Health Services Administration (SAMHSA). 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time - No scheduled hearings for April 21, 2020. 11. Board's Reports and Calendar 12. Adjournment J:WGENDAS\2020\2020-04-21 REG.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Facilities Action Agenda x Public Hearing Other DATE: April 21, 2020 Agenda Item # y 2 Commissioner staff td'corim lete BRIEFING DATE: BRIEFING PRESENTED BY: Frank Pinter [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Announcement of contract award to Cogent Construction for repair of the leaking roof on Building 10 in preparation for potential emergency utilization of that building in the COVID-19 Expanded Sheltering Plan from the Mason County Health Department. Background: The Mason County Health Department has identified Building 10 as the COVIC-19 Expanded Sheltering facility under their plan and with authority from Mason County Resolution 2020-27 Section 2, "allowing to enter into contracts without regard to time-consuming procedures and formalities prescribed by law" The Facilities department did reach out to A-1 Roofing and Fikes Roofing for a bid and did not get a response, Ascend Roofing did not bid, Roof Doctor did not bid. We received bids from Cogent Construction and Bates Roofing. Cogent Construction was considerably less than the Bates Roofing bid. Budget Impacts: None, expected in Building 10 remodel costs in the REET I Fund. Recommended Action: Approval of the Cogent Construction contract for Building 10 roof repair. Attachment(s): Contract BEFORE THE BOARD OF COUNTY COMMISSIONER OF MASON COUNTY, WASHINGTON RE: LOCAL DECLARATION OF ) EMERGENCY ) IN MASON COUNTY ) RESOLUTION NUMBER: JO-2r,>a.7 WHEREAS,the Division of Emergency Management and Department of Public Health has reported to the Board of County Commissioners,as to conditions beginning on mokch. �3 ,2020,created by the Public Health threat from the Novel Coronavirus(COVID- 19)pandemic in Mason County;and, WHEREAS,extensive injury has or will,likely occur to persons;and, WHEREAS,there is a present emergency which necessitates activation of the Mason County Disaster Preparedness Plan,Public Health Emergency Activation Functional Plan,and utilization of emergency powers granted pursuant to RCW 36.40.180 and RCW 38.52.070(2); NOW,THEREFORE BE IT RESOLVED: SECTION 1. It is hereby declared by the Board of Mason County Commissioners that,in accordance with the terms and conditions of RCW 36.40.180,there is an emergency due to the above stated conditions in Mason County;therefore,designated departments are authorized to enter into contracts and incur obligations necessary to combat such disaster,protecting the health and safety of persons and property,and providing emergency assistance to the victims of such disaster;and, SECTION 2. Each designated department is authorized,in accordance with the terms and conditions of RCW 38.52.070(2),to exercise the powers vested under Section 1 of-this-resolution, in the Iight of the exigencies of an extreme emergency situation without regard to time- consuming procedures and formalities prescribed by law,(excepting mandatory constitutional requirements),including but not limited to: • budget law limitations • requirements of competitive bidding and publication of notices • provisions pertaining to the performance of public work a entering into contracts • the incurring of obligations • the employment of temporary workers • the rental of equipment 0 the purchase of supplies and materials • the appropriation and expenditures of public funds Printed Regm n MasonCountyl-v�� Pagel oft Printed from Mason County DMS SECTION 3. Notwithstanding the authorizations set forth in Section 1 of this resolution, designated departments shall endeavor to secure the most competitive price available for goods and services. SECTION 4. Such authorization shall include unannounced entry and access onto and about private property,where such entry and access shall not violate those constitutional and statutory privacy and property rights under an emergency declaration. SECTION 5. The emergency authority granted under this resolution shall expire thirty(30) days from the date of the adoption of this resolution unless specifically authorized by the Board. ❑REGULAR SIGNED IN ❑ SPECIAL EMERGENCY SESSION THIS 13 DAY OF AXa r c/7 ;2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: baron TraskrC 'r elissa rewry,Clerk of the Board APPROVED AS TO FORM: Randy N therlin,Commissions Tim Whitehead,Chief DPA Kevin Shutt Commissioner d n te d I S� 1 pion IVI a so 11 t U U t 1 ty D Milt Page 2of2 Printed from Mason county DMS 3 $f j€. f' J r MASON COUNTY COMMUNITYSERVICES 4 Mason'County COVID-19 Expanded. Sheltering Plan DRAFT:_Under{Reuieuv Last u pdatei 4/7/2020 l (E t t 9 Last modified; 3/24/20 Review and Approval This COVID-19.Expanded:Sheltering Plan is effective.ulJori approval of -the acting Ind dent Commander and/or Area Commander f.or the Mason County.I COVI D49 Response, incident 20- 0265. Phase 1'approved by-., Incident or Area:Commander Date Phase 2 approved by: ,Incident,or Area Commander Date .Last modified: 3/24/20 I t j Introduction Purpose:The purpose.of this,document isto'develop an organized approach to expanding thecurrent_ capabilities;to house the unsheltered populations within.Mason County during the COVID-19 pandemic. This document is.part.of a larger expanded response to.the needs from COVID-19 and is considered a. supplement to the current Mason County Emergency Plans being,acted upon. Itis highly recommended after the events of.COVID-19 and recovery has completed,this planbe re-examined by appropriate: agencies andstakeholders for adjustments and regular updates.as needed. q Scope: This document involves assessment of current capabilities to isolate and house uhsheltered I citizens affected by COVID-19. In addition,it includes methods of expansion on those capabilities to further decrease risk.and`meet.the,changing needs of COVID-19,response. Assumptions: + COVID-19 cases will.impact the unsheitered community in Mason County • There,is general need for additional housing in the MasonCounty unsheltered population which only`increases`With the threats and symptoms ofCOVID49.' • Without housing for self-isolation,this population poses a greater risk for serious illness and spreading that illness to others in the community. • The protection of life,health,and safety of response personnel takes precedence over all response activities. { t Projected impacts and Needs Larger impact projections of COVID-19 are already being performed through:planning and Area Command. 'BeloW is a'baseline assumption to estimate needs`forthe purpose of this document and planned phases. Point in Time Count: • 991%ouseholds • 111 unsheltered individuals(68 males,40 females, 3 unknown) • Households w/out children:.96 • Householclsw/children:-3 over,a 3-month period it is estimated 70%of the population may get COVID-19, or 23.3%.in a given month. F.o.r estimation purposes this is rounded up to 4096'and applied towards current counts. i Forecasted Need: • Total Need:80 individuals Last.modified: 3/24/20 .=rrent, Capabilities Below isa|istof.purrentfad|ithesthatdneo`entothe unbhelteiredcommunity and status-oh msseota[sem1oes. Current Condition BEDS I FOOD WATER SANITATION GARBAGE SECURITY MEDICAL UNITS COMMUNITY - 40�beds:: 'Evening City of Disinfecting 'Mason. .,.Shelter None : 17 F,23 meals Shelton. protocolsj 2 County -staff LIFELINE A M serving 50 Approved, bathrooms,, Garbage (waiting —60 take- Water 1.shoWer estimate out, System additional snacks CROSSROADS 7 units None, City of Disinfecting Mason 'None None kitchen in Shelton protocols,,, County each room A Approved Each room, Garbage Water and�:per System floor TURNING 12,rooms, Pantry, City of Disinfecting Mason Shelter None -POINT 54 beds Community. Shelton protplcpls,'� County staff kitchen Approved :community Garbage Water bathrooms System Current are essentially mtcapacity With the exception bfCompiuhityLifeline. There has been beds available and there is additional space within their structure. -Phase 1: Support of Existing Fac-11ities There are.current capabilities within existing shelters and facUitieslhK8as6nCountvfor ex With - proper supplies and resources these facilities can handle a reasonable amount of additional beds and residents, Due to the.current staffing,infrastructure,resources,etc,already'In place Within these facilities ii.ismore eY0cientfo|nokUpon thenofor aninitial phase. P,oftctoutcome qfPhase 1: 3Obeds org6nizedtoudt6m,nbdaUsisokat|onwithin existing facilities. Phase 'plan(by fad|itv) Com-munity Lifeline 10 total additional beds in 2 locations-3.people Fire ide Room main floor to use one communal bathroom desivaied as sick bath,7 peo' le in a separate room upstairs with its own bathroom.. Can place 20 additional beds in the ,Great Hal.1..Increased hours Of operation to 24/7 - ay be idea If6r1a.milies with minor, children �t ,3'bedrooms,1.5 baths. M Last modmed: 5/24/20 ` g i Afterasses5ment of capabilities it is clear providing additional support to Community Lifeline would` encompass a large part'ofthe forecasted needs: E Phase 1 checklist: Needs Date Completed, Additional 2.staffing for Community Lifeline Iii:Progress . Approval from Cityof Shelton and.Fire Dept on increased Complete occupancy and hours of.operation for Community Lifeline Various.supplies for additional staffing and,.residents..(see lists)atg 'In'Pro .cess Community Lifeline and Therapeutic Court Deliver;3b cots to Community Lifeline _ Complete Staffing fcir7herapeutic court In Progress STILL IN PROGRESS— Phase 2; Mason County Building 10 i Once Phase 1 reaches capacity,stand up Building 10 to accommodate up to 80 people. Project outcome of Phase 2: Building'10 staffed and equipped.to.accommodate isolation; monitoring,feeding, and waste management for up to 80 people. Phase 2 Plan: Acquire 100 cots and arrange in-3 groups:Quarantine, isolation, and Pending-testing. Number of beds in each area will change basedonneed. 'Three portable toilets and one hand washing: station will beset up,outside. Initially staff with,a minimum of one 24hr security position,and one mason county staff rimember,with one nurse making rounds twice.per day: Sanitation: Custodial services for daily cleaning and maintenance of door handles,�restrooms; � solid waste, portable toilets, and hand washing stations. Laundry: The jail will launder bed linens. Linens will be cleaned between patients or when soiled. Food: Patient meals will be supplied by the jail at a rate of$2.72/meal foriow volume down to $1.76/meal for high volume. They will supply 3 meals per day: 7am, cold breakfast. 12pm hot lunch, 5pm cold dinner. Includes 1 juice pack per meal. Staffing:Orie..24hr security service position. Maintain a minimum:of.2 people 24%7 as'long as ` there are patients:in the shelter. Increase staffing as needed to maintain a 1:10 ratio. Procedure Last modified: 3/24/20 i E F 3E t 1. 1. As soon as we have knowledge of the first patient entering phase 2 shelter, immediately call x369 to notify Chief Hanson. 2. Caill'Jail kitchen.x372 with number of people to feed. Someone will need to pick-up food from jail and transport to shelter 3 times per day. 3. -Every eveningafter 5pm call x372 with expected meal needs for the next day. 4, Iftoo.many patients enter phase 2 in a short amount of time,we may need to source meals from other vendors-for 7-10 days dritii.the jail can ramp up production.. i :Needs Date Completed. Two portable toilets and one hand washing station Complete Custodial services Complete Solid waste Complete Laundry service Complete Cot linens 3x number beds - Ordered ETA 7 days Security,and staffing Complete j Food, Complete Various supplies for'sanitation, personal hygiene,water,pillows Mostly complete 100 cots delivered to Building 10 Complete Shelter Activation Checklist Take the following actions immediately upon learning of the need for the firstbed in Building 10. Contact Chief Hanson(x369)to arrange,meals and.laund`ry. Contact Kelly Frazier(x519)from facilitiesto arrange housekeeping,solid waste,climate control. Contact Frank Pinter(x530):to.activate staff and security. Contact Mark Ziegler(360-432-5194)with City of Shelton. key Stakeholders: Organization/Agency _ Contact Phone Email. MCPH Lydia Buchheit 360-427-9670 lydiab@co.mason.wa.us x404 MCPH Todd Parker 360-42779670 tparker@co.mason:wa.u's x293, Last modified: 3/24/20 f MC Facilities Kelly Frazier 360-427=9670 kellyf@co.mason'.wa.us 1 X519 Community Lifeline Barb.Weza 360-49.0-3430 Communitylifelineshelton@gmailcom:' Turning Pointe Dan Hillard .36o-41642-16 sheltermanager@turningpointe.com Crossroads Housing Tanya Frazier 360-427-6919 tfrazier@hcc.net Mason General Hospital City of Shelton Mark Zeigler 360-432-5194 mark.ziegler@sheitonwa.gov Fire District ESF#4 Beau Bakken 360-275-6711 bbakken@northniasonrfa.com X200 .. City of Shelton Cappy Shapiro 360-490-8106 cshapiro@ci.shelton.wa,us Homeless'Outreach- Attachment A: 'City.of.Shelton Building.lO,Layout Attachment B: How to Screen Clients Upon Entry Attachment C:How to Care Attachment D: OTC Drug Lag I i I i Last modified:. 3/24/20 48 4 c i s 32'4" � S�•t3•. a.... _ xo 26. 777 2 ori ,.r� ``•-,�.',.,� ,,3' 9. 6 e� alk e"`. � r - t i�.. 30'97_- L'8s "iC-�5'3' 8fi''L• i too 5" �.,,�.) �—a' ,'� � �.. s f�, � ,c 4 � �'''.:;_,;.✓ \„ �'':' :: 66•.51 o I TN A' �-�' :., �•� ��.�,. `x„.c„ r,:t a.�-.+£�e:?a�..w✓' ""�m...,a. ��\. '� �.,( r-°.0 v5:n t`,�, .rak' �f� g--`! - ♦++,r.cs�r:-n't...o Q.?willaa++x>_Ute%- ...... At "�„` �, IGS• �, fy L^.. � :l,G iG:54.4.E?:"ere.a+t... -s .hbC=x .Ut(yF'U.e,MS =�."p��`cu S�,y.•= r „n �:.a- .':a,-:.i s .ar r 8'"`"'"'`,"'�rau"'u?. �?:�,c3.azta�d.:�t^rl'S ,,.�.Yd"u. �rw,s..�8sc•ii.b'rr.ra-tY�S ' . 1; 7 `' ow'to screen clients u t o�n�entr�j, 1.Take the client's temperature using a.temporal,thermometer. 1 Any tem perature,greater than 100.4 is considered a fever. • If a client has,a temperature above 100.0 but less than 100.4 please have them sit away'from others,and retest in a,few minutes. If a client has temperature between 99:5—100.0, please note where their'bunk is, and recheck them, in two hours. • Temperatures below 99.5 may continue into the shelter using normal procedures.. 2.Ask the client"Do you have a new,or worsening cough today? i If the client has a fever,AND answers yes to the above question;'OR if.the client has:just a fever 101.0 or above: a. Placea mask on the client:this is a priority. b.Take them to an,ava.ilable.,space in the isolation'area d.Tell the client: 1) Do not leave their room/the isolation area except.to use the restroom or smoke outside.2) If they leave their room/isolation area they should wear a mask. e. Call Mason General Hospital COV.ID=19 Triage Line to determine if there.is a need for testing: 360-4427-3615 *,For,a;ny client wit.. severe symptoms call 911 and alert the;EMT's to the possible COVID 19: v_. r . infection* 11 I Severe symptoms include: o Difficulty byeathing: inability to catch your..beeath or unable to talk o Bluish lips or face o Difficultto arouse How to use a temporal thermometer: 1.Turn on'the thermometer. 2. Gently sweep the thermometer across the theriVs forehead. ,3. Remove the therrncimeter and read the fl-umber(>100.4 is af&eir) 4. Clean With an.alcoh.o[wipe (r'isopropyl alcohol on a.cotton swa-b/bal,l.) between each-clients use: . . :».�. |V .:L ����� /�\ ) \\\1 N� UPDATED 3/30/202: Interim Guidance on How to Care for°someone.with Symptoms Consistent"with COVID-19 The following information is.a general guide and is not'intended to take t.he;place of medical advice from a healthcare provider. Mason General Hospital TnagezCOV10 19 Hotline 36U 427 361"5 3 COMMON'SYMPTOMS OF COVID-19' • Cough' o Ask the person to wear a face mask whenever:they are around others. o Ask'if the person's cough is a new symptom;their usual.cough has changed in some "way, or has become worse. o There are many reasons other than COVID-19 that someone"might have a cough incl`ud'ing COPD,"allergies,pneumonia,influenza,or the common cold. Fever o Fever is a sign that the body is fighting the infection. It will.go away as the patient gets better. o People with fever can become:dehydrated from sweating'or from drinking/eating less when not feeling well:. • Difficulty°Breathing or Shortness of Breath-Call 911 o If you identify a.client with severe symptoms of COVID-19,Call 911. o Severe symptoms include: o Difficulty breathing or shortness of breath o ":Pain or pressure in the chest or abdomen o. "Sudden dizziness o Confusion o ":Severe,or persistent vomiting o Flu-like symptoms improve but then return with fever and worse cough j Call 911 if someone: i o Has difficulty breathing,fast'breathing, or skin is.paler.th'an.normal, or bl:uish,in.lighter Skinned people and gray orvrhitish in darker skinned people o Begins coughing up blood o Shows signs o.f dehydration and.cannot take enough fluids I o Does not respond orcommunicate appropriately or appearsconfused o Complains of pain or pressure in the chest o Has convulsions(seizures) o Is getting-worse again after appearing to improve o Is an,infant younger than 2 months old.with fever, poor feeding,'urinating less than,3 .times per day or,other signs.of illness MONITORING &COMFORTING &PREVENTING THE SPREAD TO OTHERS I Keep the.,ili,person as comfortable as possible. Rest,is important. i • Askthe person to wear a face mask whenever they are around others. • Keep tissues and a:trash bag for their disposal within reach of the patient. • Encourage respiratory best practices.(Wear mask, cover'cough).,and frequent.hand washing. • Encourage people to drink liquids.(water, broth, herbal tea,.diluted sports drinks or Pedialyte) 1 Watch for signs of dehydration: ,o Decreased saliva/dry mouth and tongue o ..Decreased output of urine,which becomes dark in color from concentration o 'Weakness or unresponsiveness 0 if someone becomes.unresponsive, ca11_911 Offer small amounts of fluids frequently to prevent dehydration;even fthey do not,feef thirsty. f� • If the ill.person is not eating'sol'id foods, include fluids that contain sugars and salts,such,as I broth or soups;sports drinks, like Gatorade® (diluted half and'half with water),Pedialyte (undiluted), ginger ale and other-sodas,.but not.41et drinks. • Watch for complications and severe symptoms. o Complications are more common.in individuals with health conditions such as diabetes,heart anddlung problems,;'or people with weakened immune systems. • Drinking alcohol canAhcrease the:risk.of dehydration o Decreasing the amount ofalcohol or a lower alcohol content,can help .o ancrease_the;amoueit of hydrating fluids if,a person is also drinking`alcohol Over-The-Counter Medication Log Date and Time Client Name OTC Medication Taken and Dose 3 3 (11-16rk- MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: April 21, 2020 No. 4.1 ITEM: Correspondence 4.1.1 United State of America Federal Energy Regulatory Commission sent in a letter re: Order modifying and approving non-project use of project lands. 4.1.2 Pete Butkus sent in handout provided by Eric Johnson Executive Director at WSAC for the League of Women Voters virtual forum on County Home Rule Charters and process. 4.1.3 Western Conference of Teamsters Pension Trust sent in a letter re: Juvenile Detention Unit Labor Agreement. 4.1.4 Letters received from Jerry Escalante and Herb Gerhardt re: COVID-19. 4.1.5 Washington State Liquor and Cannabis Board sent in a change of limited liability members for South Colby Investors. 4.1.6 Washington State Liquor and Cannabis Board sent in a Marijuana License Application for change of location for Canna Lowlife. 4.1.7 Squaxin Island Tribe sent in a Declaration of Disaster. 4.1.8 Federal Energy Regulatory Commission sent in two letters regarding 2019 Dam Safety Surveillance and Monitoring Report for Cushman No. 1 and No. 2, also Order Modifying and Approving Non- Project Use of Project Lands. 4.1.9 Marilyn Vogler sent a letter of resignation for the Housing and Behavioral Health Advisory Boards as well as the Planning Advisory Commission. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask �C_lerkr 170 FERC 162,160 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION i City of Tacoma, Washington Project No. 460-096 ORDER MODIFYING AND APPROVING NON-PROJECT USE OF PROJECT LANDS (Issued March 20, 2020) 1. On December 20, 2019, the City of Tacoma, Washington, (Tacoma Power) licensee for the Cushman Hydroelectric Project No. 460, filed an application requesting Commission authorization to issue a permit to Lake Cushman Company to continue to occupy project lands for the purpose of providing residential parrs, located partially within the project boundary, for the residents of five housing districts at the Cushman Hydroelectric Project No. 460. The project is located on the North Fork of the - Skokomish River in Mason County, Washington.. The project occupies federal lands administered by the United States Forest Service within the Olympic National Forest and the Skokomish Indian Reservation. 2. On July 30, 1998 (July 1998 Order), the Commission issued a subsequent 40-year license to Tacoma Power to operate and maintain the Cushman Project.' The license order includes Article 431, allowing Tacoma Power to grant permission for the use and- occupancy of project lands and waters for minor activities, without prior Commission approval, as long as such uses are consistent with the purposes of protecting and enhancing the scenic, recreational, and environmental values of the project. Article. 431(d) allows'the licensee to convey fee title to, easements or rights-of-way across, or leases of project lands for a variety of purposes, if "(i) the amount of land conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located at least 75 feet, measured horizontally, from project waters at normal surface elevation; and (iii) no more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7) in any calendar year." Because the lands at each park site are immediately adjacent to project waters, and the amount of land occupied by two of the parks exceeds five acres, this 'issue falls outside the scope of license Article 431 and requires Commission approval. ' Order Issuing Subsequent Major License, Dismissing Complaint as Moot, and Rejecting Motion to Intervene (84 FERC 161,107). Project No. 460-096 - 3 - the 3 -the approved Shoreline Management Plana for the project. No concerns were raised by consulting parties or the public regarding Tacoma Power's proposal. 8. Tacoma Power operates and maintains a variety of recreation facilities at the project including boat launches, picnic areas, shoreline access points, trailheads, and a viewpoint. Additionally, the licensee collaborates with the Forest Service to provide additional recreation opportunities in the project area. Periodic monitoring of recreation use at the project is conducted to ensure that adequate recreation facilities are provided to meet the needs of the public.' Given the existing public recreation opportunities and access at the project, there is no issue with public access being restricted at the district parks. Tacoma Power's proposal should be granted. The Director orders: (A) The City of Tacoma, Washington's application, filed December 20, 2019, requesting Commission authorization to issue a permit to the Lake Cushman Company to continue to occupy project lands for the purpose of providing residential parks,located partially within the project boundary, for the residents of five housing districts at the Cushman Hydroelectric Project No. 460, as modified by paragraph (B) below, is approved. (B) The licensee must include the following conditions in any permit issued to the Cushman Land Company: (1) the permittee's use and occupancy of project lands and waters must not endanger health, create a nuisance, or otherwise be incompatible with overall project recreational use; (2) the permittee must take all reasonable precautions so that the operation and maintenance of the permitted facilities will occur in a manner that protects the scenic, recreational, and other environmental values of the project; and (3) the permittee must not unduly restrict public access to project lands and waters. (C) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the FPA, 16 U.S.C. § 8251 (2018), and the Commission's regulations at . 18 C.F.R. § 385.713 (2019). The filing of a request for rehearing does not operate as a s Order Modifying and Approving Shoreline Management Plan (146 FERC I 62,154) issued February 28, 2014. The Shoreline Management Plan was filed on July 5, 2012 and the Shoreline Use Specifications and Permitting Guidelines were filed on August 2, 2013. 4 See Recreation Use Monitoring Report filed February 28, 2018. Project No. 460-096 - 4 - stay 4 -stay of the effective date of thisorder, or of any other date specified in this order. The licensee's failure to file a request for rehearing shall constitute acceptance of this order. Robert J. Fletcher Land Resources Branch Division of Hydropower Administration and Compliance w A Cc:CMMRS Neatherlin, Shutty, Trask fClerk_� 28 March 2020 Commissioner Shutty: Attached are the handouts provided by Eric Johnson, Executive Director at WSAC, for the League of Women Voters virtual forum on County Home Rule Charters and process. As you may recall, this was moved up to 17 March as opposed to the previously scheduled date later in the week. I had intended to get these to you the following Monday at the Commission briefing, but the Covid-19 issues got ahead of that idea. P� s/Pete Butkus Attachments (4) RECEIVED MAR 3 0 2020 I Mason County Commissioners H ' -co �unt . . . - .me u ..C .h. a' �' te �rs ..T..-. $):" . 3 z' Eric Johnson, Executive Director Washington State'Assoc iati®n of Counties r< i ..... �dye' :.�•, � � ... � .. � .. - fr Washington ® p I ® q a • ® • of Cowz Washington state County Government History • Oldest Form of Local Government with Origins in the Oregon Territorial Provisional Government • At statehood there were thirty-four counties with new ones created in eastern Washington — Ferry (1899) — Chelan (1899) — Benton (1905) — Grant (1909) — Pend Oreille (1911) — Chehalis County became Grays Harbor County (1915) ® ® A p Washington State . . . . . . . . . ... . . . . . . . . bounty Government HJstory •- Created as Administrative Arm of the State — Election Administration — Trial Court System — Property Assessment and Collection • Regional Service Provider — Public Health and Welfare . — Watershed Planning • Provide Services for Unincorporated Area — Roads — Law Enforcement — Planning-.and Building. Washington State Constitution Article XI § 4 Requires the Legislature to: "establish a system of county government, which shall be uniform throughout the state except for hereinafter provided". Amendments to Article XI § 4 - for Home Rule Authority . • County Charter (1948) • Consolidated City/County (1972). SAC m � o � - Unifdrm , -cyst tin -32 C-011bun, ties Titl -oun,.C 36AC I* i Board: of County Commissioner's-'..* - Sheriff* , County C'le.rk* - �1"reasurer* .. . P.rosec-uti ng -Attorney* Superior Court and District Court Judges*, - Auditor Assessor* * - Coroner* * - Statutes Require "Partisan" Offices =*Constitutional/* *Statutary, ® ® s ® • • • • • ® • Washington 's Charter Counties . . . King (1969) Clallam (1979) Whatcom (1979) Snohomish (1980) Pierce (1981) San Juan (2005) Clark (2014) 0 00 o County Charter - Home Rule • Can be Initiated By County Legislative Authority; or • initiated by Petition — 10% Preceding General Election • Elect 15-25 Freeholders • Must Convene within 30 Days after Election • No tune limit exists to develop a propo so&Oarter for voter .consideration May`not affect the offices of Superior Court, District Court or Prosecuting Attorneys Dillon's ori • In 1868 Justice John F. Dillon of the Iowa Supreme. Court ruled - - County governments only have those powers expressly granted to them by the state legislature • "Dillon's Rule" means counties - - Must have specific enabling state legislation to authorize whatever functions they might fulfill at the local level To respond to the changing needs of their citizens, the legislature must provide for additional authority, which might or might not be granted t yy lilil!l MEMO t O Ri A I �illn s Ruled - by, th iePP. in 11 uou rt e . . . Counties aye ,but arras or ,qgen.,cies. , of l the state 1or ar� zec� to carr out orpeMbrn some functions - o Verr�eer�t. The as nstrurne ta/ tes of of state 9' y, the. state l ha ve no.. Owers exce t th05, e ex res5, .Jo conferred ;b the" constitution? and } state /a:ws or , thosewhich are n ecessan m ve.p from the ranted owes. 9' p State ex rel: Board 'of Commissioners" u. C/ausen 95. Wash:C r,4ehterty. Okano S�ookane v. Dearaff, 143 Wash. 326, okane County v. Certain Lots in Spokane, 156 Wash.,393, a p aan County 163 Wash. l8. Count Demographics - Some people live in a c.ity... but EVERYONE lives in a county ! LEGEND • SA AN '^ }„ OKANOGAN PEND '�eGy'yl `. � '� FERRY' 4 OREILLE� ISLA Dwa�';}" MIPopulation of 150k+ Population of 50k-149k #f�FgRsory ;� w o � i ' 9 t�M.w xa �'a �,• „��LIN�COLN , -t Populations of 49k or less Highest Population •r ... a ,ADAMS?y "�`WkITMOAN 2007 Est.-1,861,300 x Lowest Population rnaFlc 2007 Est.-2,350 Charter County WAHKIA+yUM t ; SKAMANIA•t ® yr T} y Largest County AJ $,268 Square Miless�v•I. 4 �.it+ .s vKLICKITT .b��q.,,:. �° r ® Smallest County 175 Square Miles For More Information Contact: Brad Banks-WSAC Policy Analyst at(360)753.1886 or bbanks@Wacounties.org IN W • • • State • • • • • • 10 a 10, WSAG o nt .' . c n orma ion , Eric Johnson, Executive Director Wash in ton.-State Association o c unties' 206 Tenth Avenue SE Oly,m .Ia, WA98501 . (360) 481 . 2'241. 0 ejOhnson@wsac.org www.wsac.org • • • • . e •- latlorl of • 1 WASHINGTON STATE ASSOCIATION of COUNTIES "Home Rule"' County Charters Mason County League of Women Voters Excerpt from - County Government 101 - Understanding County Government in Washington State Eric Johnson, Executive Director Washington State Association of Counties March 17, 2020 11 Page History of County Government in Washington Counties existed during Washington's territorial days in the mid-to late-1800's and were recognized in the state constitution adopted in 1889. In Washington,the county was and.still is the unit of local . government which serves and governs all of the people who do not live in incorporated cities or towns. Additionally,there are many regional services that Counties deliver for all residents, both those living in the unincorporated areas as well as those that reside inside incorporated cities as well. Historically,the role of counties is to serve as an administrative arm of the state-maintaining records, providing courts and law enforcement, building roads,assessing property and collecting taxes, and conducting elections.Counties still perform these functions, as well as others,through full-time elected officials including a board of county commissioners(or council members and an executive in charter counties), a sheriff,judges,assessor,treasurer, prosecutor, auditor, superior court clerk,and coroner or medical examiner. In non-charter counties,the commissioners function as both the legislative and executive body. As of 2015,there are 39 counties in Washington ranging in population from 2,266 (Garfield)to just shy of 2 million (King) residents. Every Washington State resident lives in one of Washington's 39 Counties. Article XI, §s 4 and 5 of the state constitution authorize the legislature to create a uniform system of government for counties.State law relating to counties is generally collected in Title 36 RCW.The uniform plan of county government provided by state law is the three-member commission form. The state constitution was amended in 1948 to provide counties the option of adopting a "home rule" charter. Adoption of a home rule charter allows a county to choose a different form of government from the commission form specified by statute.Of the 39 counties, 32 operate under the commission form of government provided by state law and seven of the counties have adopted "home rule" charters as provided for in the state constitution -King(1969), Clallam (1979),Whatcom (1979), Snohomish (1980), Pierce (1981),San Juan (2005)and Clark(2014). Article XI, § 16 was added to the state constitution in 1972 to provide the option of a consolidated city/county government.Although some of the larger cities and counties have considered this option, no consolidated city-county governments have yet been created in Washington State. In contrast to counties, cities and towns can choose from three forms of government provided by statute, including the mayor-council, council-manager, and commission form of government. In addition to the choice in form of government already provided by state law,cities also have the ability to adopt a home rule charter,subject to certain requirements,and provide for their own form of government. Unlike counties,cities and towns do not have separately elected officers in addition to the council members and mayor. An excellent history of counties and other local governments in Washington State can be found in "A History of Washington's Local Governments`; Volume I of the Final Report of the Washington State Local Governance Study Commission,January 1988. 21 Page Dillon's Rule Applied in Washington State As a reminder, Iowa Supreme Court Justice John F. Dillon ruled in 1868 that county governments have only three types of powers: o Those expressly granted to them by the state legislature; o Powers necessary and incident to the execution of the express powers; and o Powers absolutely necessary to the discharge of the express powers—as Dillon put it, "not simply convenient, but indispensable." The resulting "Dillon's Rule" meant that counties had to have specific enabling state legislation to authorize whatever functions they might fulfill at the local level, and to respond to the changing needs of their citizens,they had to petition the legislature for additional authority, which might or might not be granted. The Washington State Supreme Court has ruled on several occasions,similarly to Judge Dillon,that: "Counties are but arms or agencies of the state organized to carry out or perform some functions of state government. They, as instrumentalities of the state, have no powers except ' those expressly conferred by the constitution and state laws, or those which are reasonably or necessarily implied from the granted powers." State ex rel. Board of Commissioners v. Clausen, 95 Wash. 214,State ex rel.Spokane v. Degraff, 143 Wash. 326,Spokane County v. Certain Lots in Spokane, 156 Wash. 393,Carpenter v. Okanogan County, 163 Wash. 18. Uniform System or Commission Form of County Government Article XI, §4 requires the legislature to "establish a system of county government,which shall be uniform throughout the state except for hereinafter provided". The "Uniform System"of government provided in state law for non-charter counties is the commission form.All non-charter counties must adopt this form of government.The only method by which a county can entirely change its form of government is to adopt a "home rule" charter.There are some population based differences in the state laws governing counties, but the Uniform System of government is virtually the same for all 32 non-charter counties. The Uniform System of county government is often referred to as the"plural executive"form of government. it is the oldest and most traditional county organizational structure. Under the commission form,the county governing body consists of an elected board composed of three commissioners who serve as the legislative body and also perform executive functions. Counties with populations greater than 300,000 can increase the size of the commission from three to five members. No single administrator or executive, unless appointed by the commission,oversees a county's operations under the commission form of government. The board of county commissioners shares administrative functions for the departments that report to them with other independently elected county officials, including a clerk,treasurer,sheriff,assessor, 3Page coroner and auditor.Other independently elected county officials and court officers include the county prosecuting attorney and the judges of district court and the county superior court. In counties under 40,000 the prosecuting attorney also serves as the county coroner. Although the county commissioners establish the budget and act as the county legislative body,the independent role of the other county elected officers makes county government quite different from other forms of municipal government that have separate legislative and executive branches. "Home Rule" Charter Form of Government Article XI, §4 of the state constitution was amended in 1948 to provide the option for counties to adopt "home rule"charters to provide their own form of government.This home rule provision does not change the role and authority of counties, but it does allow counties to provide for a form of government different from the commission form prescribed by state law. By adopting a home rule charter,county voters can provide for appointed county officers to perform county functions previously performed by independently elected officials and can change the names and duties of the county officers prescribed by the constitution and state law. Home rule charters may not, however,change the elected status and duties of the county prosecuting attorney or superior and district court judges, or the jurisdiction of the courts. Home Rule Charter County Authority Home rule charter counties have broad authority to provide for purely local governance issues.The state Supreme Court has ruled, however,that, under the state constitution,county home rule charter rights are subordinate to express state law requirements that go beyond matters of local concern.The court has concluded that the state constitution expressly relegates county home rule charters to an inferior position vis-a-vis"the constitution and laws of this state"where the matter involves public policy of broad concern, expressed in general laws. For example,the state Supreme Court has concluded that home rule charter counties are free to provide a different time for election of county officers. However,they have also held that ordinances enacted to implement a county's comprehensive land use plan as required by the Growth Management Act cannot be subject to amendment or repeal by referendum power granted in a county's home rule charter. After adoption of a charter,the powers, authority, and duties of county officers provided for by state law are vested in the county legislative authority, unless the charter expressly assigns powers and duties to a specific officer.The duties of the board of county commissioners and other elected officers may also be modified by charter.The board of commissioners and other elected officers may be entirely replaced,subject to certain restrictions. Home Rule Charter Option for Power of Initiative and Referendum Another reason for adopting a home rule charter is to provide the powers of initiative and referendum to the citizens of the county.All charter counties have provided for initiative and referendum powers. Optional Municipal Code cities are authorized by state law to provide for the powers of initiative and referendum without adopting a home rule charter(RCW 35A.11.080 through 35A.11.100). Legislation 41 Page was proposed in the 1997, 1998 and 1999 legislative sessions which would have allowed the board of county commissioners in noncharter counties to similarly authorize the use of initiative and referendum without the need to adopt a home rule charter. However, none of these proposals have been adopted. Current Washington Charter Counties and Their Form of Government Until 1969,all Washington counties operated under the commission form of government. However, since then,seven counties have adopted home rule charters: • King(1969) • Clallam (1979) • Whatcom (1979) • Snohomish (1980) • Pierce (1981) • San Juan (2005) • Clark(2014) The seven home rule charter counties have this general structure for elected officials: • Clallam: Commission: 3 members. Elected by district. Partisan. Executive: County Manger appointed by Commissioners. Row Offices: Prosecuting Attorney/Coroner (Partisan). Sheriff, Auditor, Assessor,Treasurer, Director of Community Development(Non Partisan). • Clark: Council: 5 Councilors. 4 elected by District, Chair Elected countywide. Partisan. Executive: County Manger appointed by Council. Row Offices: Assessor,Auditor,Clerk,Sheriff,Treasurer, Prosecuting Attorney. Partisan • King: Council: 9 members elected by district. Non-partisan. Executive: County Executive Elected Countywide. Non-partisan. Row Offices: Prosecuting Attorney,Sheriff,Assessor, Director of Elections (Non-Partisan). • Pierce: Council: 7 Members elected by district. Partisan.2,4 year term limit. Executive: County Executive elected by district. Partisan. 2,4 year term limit. Row Offices: Prosecuting Attorney(Partisan). No Term Limit Sheriff,Auditor,Assessor/Treasurer(Non-Partisan). 3,4 year term limit. • San Juan: Council: 3 members,each residing in a separate district but nominated and elected countywide. Non-partisan. Executive: County Administrator appointed by County Council. Row Offices: Prosecuting Attorney/Coroner(Partisan). Assessor,Auditor, Clerk,Sheriff,Treasurer(Non-Partisan). • Snohomish: Council: 5 Members elected by district. Partisan. 3 term limit. Executive: County Executive Elected Countywide. Partisan. 3 term limit. 5 ) Page Row Offices: Prosecuting Attorney(Partisan). Sheriff,Auditor, Clerk, Assessor,Treasurer(Non-Partisan). • Whatcom: Council: 7 members. 1 member elected from each of the five council districts. 2 members elected at—large. Non-Partisan. 3,4 year term limit. Executive: County Executive Elected Countywide. Non-Partisan. 3,4 year term limit. Row Offices: Prosecuting Attorney(Partisan). Sheriff,Auditor,Assessor, Treasurer(Non-Partisan). A county council's primary duties are to adopt a budget and establish county policy.The county executive or administrator is responsible for general administration and operation of the county. The executive or administrator is also responsible for proposing the budget and, in the case of an elected county executive, has a veto power over most council actions. A county charter can make any elected county official,except the prosecuting attorney, district and superior court judges, an appointive rather than an elective position. The seven charter counties vary greatly in their treatment of the offices of the assessor, auditor, superior court clerk, sheriff(all are currently elected but have been appointed in original charters)and treasurer. The assessor is an elected position in every county,although some make the position non-partisan and is combined in Pierce.The auditor is an elected officer in all but one county—where the county(King) now elects as of 2009 its Director of Elections.The county clerk remains an elected position in three charter counties in most counties, but with the appointed by the commissioners,the superior court judges,and the executive (with council confirmation).The sheriff is now elected in all 39 counties, having been both non-elected and non-partisan at one point in several charter counties.The treasurer continues to be an elected position in all but one county(King). Pierce County has combined the assessor and treasurer into a single elected position. Clallam County elects its Community Development Director—the only county in the nation known to do so.The coroner or medical examiner has been made an appointive position in every charter county,although in Clallam County,the Prosecuting Attorney serves as the ex officio coroner. San Juan County Prosecutor remains responsible for Coroner duties as do any Prosecutors under 40,000 in population. To determine the complete organization structure of a home rule county government, refer to the respective county's charter. Clallam County: http://www.clallam.net/bocc/homerulecharter.htmI Clark County: http:/Iclark.wa.gov/freeholders/documents/BOFCharter 052714.pdf King County: http://www.kingcounty.gov/council/legislation/kc code/03 Charter.aspx Pierce County: http://www.co.pierce.wa.us/DocumentCenter/View/1132 San Juan County: http://www.codepublishing.com/wa/san*uancounty/ 61 Page Snohomish County: http://www co snohomish wa.us/Documents/Departments/Council/countycode/CountyCharter.pdf Whatcom County: http://www.codepublishing.com/WA/WhatcomCountyCH/ County Charter Adoption Process The state constitution, in Article XI, §4,specifies the procedure for a.county to adopt a "home rule" charter.Any county may adopt a charter.There is no minimum population requirement.There are two methods to begin the charter adoption process- initiation by the county commissioners or initiation by voter petition. Under either method,a board of freeholders is elected to draft a proposed charter, which is then submitted to a vote of all the people for adoption or rejection. In 1998,the legislature considered, but did not pass, a joint resolution (Senate Joint Resolution 8204) calling for an amendment to the state constitution providing for a simplified alternative method of framing a county charter. Initiation by County Commissioners Under the first method,the county commissioners can initiate the charter adoption process by calling for an election of fifteen to twenty-five freeholders,the number to be determined by the commissioners.The freeholders must have been residents of the county for at least five years and must be qualified electors of the county. These electors must meet within thirty days of their election to begin preparing a charter for the county.The charter must then be submitted to the voters at a special or regular election. If a majority of the voters approve,the charter is adopted and becomes the form of government for the county. Initiation by Petition Under the second method, registered voters equal in number to ten percent of the voters of the county voting at the last preceding general election may petition for an election of freeholders.This petition must be filed with the county auditor of the county at least three months before any general election. If this is done,the proposal that a board of freeholders be elected for the purpose of framing a county charter is submitted to a vote at the general election.At the.same election, a board of freeholders is elected to draft the new charter.Assuming a majority of the people vote to elect a board of freeholders,the freeholders who are elected meet to frame a charter which is then submitted to the voters for adoption. Under either procedure, if the charter is approved by the voters,the county government is to be established as provided in the charter within six months of the election. In addition to the seven Washington counties which have adopted charters, several other counties have taken various steps in the process of electing freeholders, drafting proposed charters, and submitting charter proposals to the voters. For example, in 1997,Clark County voters rejected a proposal to create a board of freeholders to draft a charter in an advisory ballot on the issue.Also in 1997,Cowlitz County voters approved a proposal to begin the charter adoption process, but rejected the resulting proposed 71 Page home rule charter the following year. Thurston County has rejected Charter proposals in 1978-79 and in 1986 as well. Skamania County voters also approved a proposal to begin the charter adoption process but subsequently rejected the resulting charter. Voters in Yakima (2012),Asotin (2013),and Jefferson (2013)Counties have refused to authorize the development of a charter or the election of Freeholders. In 2014 Spokane County Voters rejected a proposal to go to a five member Board of County Commissioners Consolidated City-County Government In 1972 the Washington State Constitution was amended again to allow counties with a second "home rule" option to provide for the formation and government of a combined city and county municipal corporation known as a "city-county."The same procedures applicable to the adoption of a county charter also govern the adoption of a city-county charter,except that the only method of beginning the combined city-county charter process is through a voter petition.There is no minimum population requirement. In addition to providing for an alternative form of county government, a city-county charter may also merge the county with cities and other municipal corporations within its boundaries.Consolidated city/county governments have been proposed as a way to improve local government service provision by eliminating conflicts between competing levels of local government.Although a few Washington counties have explored this option, no combined city-county governments have yet been formed. 81 Page i;� MRSC Local Government Success A Brief History of the Development and Passage of Clark County's Home Rule Charter April 29,2015 by Nan Henriksen and Steve Foster Category:Forms of Government-County �® Image.The Clark County Board of Freeholders. At the beginning of 2015,Clark County became Washington's seventh county_ r: . to adopt a home rule charter.The charter transitioned Clark County's , - form of government from a traditional commission form to a"council- manager"form, replaced the three- person commission with a five- member council,and provided citizens with the powers of initiative and referendum.The process of adopting a home rule charter was years in the making,including several failed attempts. But in the end,after a diligent process of developing a solid charter,voters approved what they believe to be a stronger, more effective form of government for the county.The following is a brief summary of how Clark County's citizens developed and passed a home rule charter in the 2014 general election. History Former Attempts There have been three unsuccessful attempts to establish home rule in Clark County prior to the 2014 effort. In 1982, voters rejected a referendum to approve election of Freeholders for a city-county consolidation effort. In 1997,Clark County voters rejected a referendum to approve election of Freeholders for a county charter. In 2000,the Clark County Board of County Commissioners (BOCC) referred election of freeholders to the electorate and 21 freeholders were elected.This group proposed a charter which was subsequently placed on the 2002 general election ballot. In addition to putting forth the general question of whether a home rule charter should be adopted, voters were asked to consider separately three alternative elements of the charter, if it passed: 1. Increase board of county commissioners from three to five. 2. Include in the charter the powers of referendum and initiative. i Gant'Lucas county sheriff f Marc Boldt former county commissioner Pat Jollata former city councilmember Temple Lentz private citizen Tracy Wilson private citizen Jim Moeller current state legislator Paul Dennis former city mayor Randy Mueller Port of Ridgefield employee Peter Silliman private citizen Joe Zarelli former state legislator Ann Rivers current state legislator By tradition,the freeholder candidate with the most votes in the election was deemed the interim chairperson and a tentative schedule ofmeetings was developed.Once formed,the board selected a slate of officers: Nan Henriksen, chair,Joe Zarelli,vice chair,and Val Ogden,secretary.The three officers also functioned as the executive committee. The board was assisted in their undertakings with support from Clark County staff;these included Kelly Sills from the county administrator's office,who had provided staff support to earlier home rule efforts,an attorney from the civil division of the county prosecutor's Oofice,and a staffer from the public information office. Input was solicited from all current Clark County elected officials through personal interviews with the freeholder chair,written survey instruments,and presentations at freeholder meetings. Charter Writing Process The board of freeholders met 13 times over the course of a seven-month period,with meetings generally running approximately two hours.Meetings were held in various locations around the county but in facilities that were suitable for coverage and live broadcast by the local government cable station. Each meeting included opportunity for citizen input through public comment at the beginning and end,but not during the discussions. At the first meeting all of the freeholders received binders filled with background information:copies of charters of all other charter counties.in Washington State,background information on Clark County's current county government structure,comparison charts showing features included in other charters,information on how to work legally under Washington State law,etc. In addition,early meetings included extensive education and information gathering-- learning about home rule in Washington,components of other countys charters and experiences, presentation on the"theory'of government authority and organization,etc. The board's initial action was to agree on a set of stringent ground rules that would ensure a civil,respectful and thoughtful process. Next,the board agreed on core priorities,or"elements;'of the charter that should be addressed and potentially included,in order of priority: 1.Separate executive and legislative branches of county government and the related discussion of whether executive authority should be vested in an elected executive or appointed manager. 2. Increase the number of commissioners or county councilmembers from three to five or perhaps more. i be terminated by,the council. In the end,the board agreed that the job required the expertise of an experienced, professional administrator and opted to include provisions in the charter to ensure that would be the case.That decision was supported in part by the inclusion on the council of an at-large chairperson as discussed in the next section. It was acknowledged that the manager would have a contract governing their employment,however it would be an at-will contract and that the contract terms, hiring,and termination would require three votes. Change in County Council From the beginning, it was clear that there was going to be agreement on increasing the size of the council from.its current three members.Many of the perceived bad decisions were enabled by the fact that with a three-member board,any two members can take control.There was also recognition that any off-line conversation involving two members was a quorum and subjected the conversation to the requirements of the Open Public Meetings Act. Freeholders noted that other jurisdictions had elected more than five-member councils,there was little support for increasing the board/council to seven members or more. Under the current,general law provisions,county commissioners ran by district during the primary elections but were elected at large, countywide during the general election. From the outset,the majority of the freeholders were supportive of election by district in both the primary and the general election. Election by district was also supported by the current county commissioners and was the only element of the 2002 charter favored by the voters.Each of the current county districts has a distinct demographic and there was strong support for an election process that would give each district a voice in how it is governed.At the same time,there was support for leaders who had a countywide perspective and would be able to promote policies and programs that would serve the entire county. From these discussions,along with consideration of an elected county executive,emerged what was called the "hybrid:"four councilors elected by district,one member elected countywide and designated the chair. (Currently the position of chair rotates annually among the three commissioners.)The chair was to be empowered to chair the council meetings, represent the county with other jurisdictions and the state,sign documents on behalf of the council and other duties as assigned. For these additional responsibilities the salary of the chair was set at 20%above the rate for other councilmembers. Initiative and Referendum With some attention to dotting the is and crossing the t's,the freeholders easily supported adding provisions of initiative and referendum to the charter.Conversations included a great deal of attention to requirements,such as number of signatures required to qualify for the ballot,determination of subjects within and outside of the scope of intiative and referendum authority,and related matters regarding legal authority and fiscal impact. Transition Freeholders also expended energy and attention to creating language which would specify and facilitate the transition to the new form of government.These discussions included: • Conversion from three districts to four. • Appointment of a county manager. • Transition to new terms lengths for the new councilors. • Establishing effective dates of revised salaries for current and new office holders. Adoption The County Chair shall be elected in November 2015 and that position created effective January 1,2016. MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal,policy, or financial questions. About Nan Henriksen and Steve Foster This post was co-authored by Nan Henriksen,Clark County Board of Freeholders Chair,and Steve Foster, Former Clark County HR Director. Both were closely involved in the development of Clark Countys home rule charter. VIEW ALL POSTS BY NAN HENRIKSEN AND STEVE FOSTER / ©2020 MRSC of Washington.All rights reserved.Privacy&Terms. A Home Rule Charter by and for the People of Clark County, Washington GOVNr), �� Q z c9 0 Adopted by the Clark County Board of Freeholders May 27, 2014 Article 7 Initiative and Referendum Section 7.1 Direct government 8 Section 7.2 Initiative 8 Section 7.3 Mini initiative 9 Section 7.4 Referendum 9 Section 7.5 Recall 10 Article 8 General Provisions Section 8.1 Form of ordinances 10 Section 8.2 Enactment of ordinances 10 Section 8.3 Repeal and amendment of ordinances 11 Section 8.4 Emergency ordinances 11 Section 8.5 Resolutions 11 Section 8.6 Motions 11 Section 8.7 Nondiscrimination 11 Section 8.8 Purchasing,contracts, claims and binds 11 Section 8.9 Franchises 12 Section 8.10 Public disclosure 12 Section 8.11 Severability 12 Article 9 Charter Review and Amendments Section 9.1 Charter review commission 12 Section 9.2 Commission responsibility and duty 13 Section 9.3 Charter amendments,general provisions 13 Section 9.4 Charter amendment proposed by the charter 13 review commission Section 9.5 Charter amendments proposed by the public 13 Section 9.6 Charter amendment proposed by the council 14 Section 9.7 Codification 14 Article 10 Transitional Provisions Section 10.1 Purpose of article 14 Section 10.2 Form of government established 14 Section 10.3 Continuation of ordinances and vested rights 14 Section 10.4 Boards and commissions 15 Section 10.5 Budget 15 Section 10.6 Transition to council districts,elections and terms 15 of office Section 10.7 Salaries of elected officials 15 Section 10.8 Code revisions 16 Section 10.9 Charter amendments 16 Appendix A Voting Precincts for Council Districts 17 iii C. The council shall annually elect one(1)of its members as vice-chair,who shall act in the absence of the chair. D. The chair of the council shall serve on all boards and commissions that require representation by two (2)or more council members.Otherwise,the council shall vote to appoint its members to boards and commissions. E. A majority of the council shall constitute a quorum at all meetings. F. The council shall take action by and pursuant to the vote of at least a majority of its members,except where a different vote is required by this charter.A two-thirds majority of members equals four(4) votes. G. Except as otherwise provided in this charter,the council shall be responsible for its organization and rules of conduct for business. Section 2.3 Terms of councilmembers The term of office of each council member shall be four(4)years,and until a successor is elected and qualified. Section 2.4 Powers of the council The enumeration of particular legislative powers shall not be construed as limiting the legislative powers of the council.The council shall be the policy-determining body of the county.The council shall exercise its legislative power by adoption and enactment of ordinances, resolutions and motions.Subject to state and federal law, it shall have the power to: A. Levy taxes,appropriate revenue, and adopt budgets for the county. B. Establish compensation for all county employees and provide for the reimbursement of expenses. C. Adopt by ordinance comprehensive plans and land development codes, including improvement plans for present and future development in the county. D. Conduct public hearings on matters of public concern to assist in performing its legislative responsibilities. E. Carry out other legislative duties as authorized and required by law. F. Set collective bargaining guidelines and approve collective bargaining agreements. G. Confirm or reject appointments to boards and commissions forwarded by the county manager. H. Have concurrent authority with the county manager to nominate members to the following boards and commissions. Members are appointed by the council. 1. Clark County planning commission. 2. Clark County historic preservation commission. 3. Board of equalization of assessment. Section 2.5 Rules of procedure A. Subject to limitations provided by this charter,the council shall adopt by ordinance rules of procedure governing the time,place and conduct of regular meetings and hearings and the introduction, publication, consideration and adoption of ordinances. B. All meetings shall be open to the public,except to the extent executive sessions are authorized by law.A verbatim public record of each public meeting shall be kept.The record shall be retained in the form provided by ordinance and as required by state law for a reasonable period of time.Written minutes shall be promptly recorded and include a summation of actions from each council meeting and a record of votes by each councilmember. C. The council shall meet regularly and no fewer than twenty-two(22)times in a calendar year. 2 3. Present to the council an annual statement of the county's fiscal and governmental affairs,and any other report which he or she may deem necessary. 4. Annually prepare and present to the council a budget and budget message setting forth proposals for the forthcoming fiscal year. 5. Prepare and present to the planning commission comprehensive plans,including capital improvement plans,and development ordinances for present and future development; present the planning commission's recommendations on these matters to the council. 6. Determine the organizational structure of and assign duties to administrative departments which are not specifically assigned by this charter or ordinance. 7. Sign or cause to be signed on behalf of the county all deeds,contracts and instruments not otherwise reserved to others by this charter or state law. 8. Conduct collective bargaining on behalf of the county,subject to state and federal law and budget direction provided by the council and as allowed by state law. 9. Manage properties owned by the county. The specific statement of particular executive powers shall not be construed as limiting the executive powers of the county manager. Section 3.3 Appointments by the county manager A. The county manager shall appoint the chief officer of each administrative department. 1. The county manager shall appoint chief officers on the basis of their abilities,qualifications, integrity and experience concerning the duties of the office to which they are appointed. 2. No time limitation shall be imposed on the term of employment for appointed chief officers of administrative departments. B. The county manager shall appoint members of boards, commissions and taskforces except as provided by state law, intergovernmental agreement or this charter.Appointments by the county manager shall be presented to the council during a regular council meeting.Within thirty(30) calendar days,the council shall accept or reject the appointment by a majority vote. Failure to act within thirty(30)days constitutes acceptance of the appointment.A rejection applies to that board, commission or task force position only. Section 3.4 Administrative departments A. The administrative departments shall consist of the departments and agencies of the executive branch that are not headed by other elected officials. B. The chief officer of each administrative department shall appoint all officers and employees of his or her department.The chief officer shall comply with the county's human resources policies and procedures when appointing officers and employees to positions covered by human resources policies and procedures. Section 3.5 Other elected officials Other elected officials include the assessor,auditor,clerk, prosecuting attorney,sheriff and treasurer. Section 3.6 Appointments by other elected officials Other elected officials shall appoint all officers and employees of their respective elected executive offices. Other elected officials shall comply with the county's human resources policies when appointing officers and employees unless alternate human resource policies have been adopted by that official.The chief officers shalt be appointed on the basis of their abilities,qualifications,integrity and experience concerning the duties of the office to which they are appointed. 4 C. The county manager. D. Employees excluded by state law. E. Other employees designated-by ordinance. F. Offices or departments directly subject to civil service rules promulgated by the county's civil service commission to the extent such rules conflict with the county's human resource policies. Otherwise, countywide policies apply to all civil service positions and employees. Section 5.5 Elected official salaries and compensation A. Council Member. 1. The salary of council members initially shall be fifty-three thousand dollars($53,000), and shall be adjusted based on percentage changes established for state legislators by the Washington State Salary Commission. 2. The chair of the council shall receive a salary twenty (20) percent higher than other council members in recognition of the additional responsibilities of that position. B. Other Elected Officials. 1. The salary of the sheriff is one hundred six thousand two hundred twenty-four dollars ($106,224) in 2014,and shall be adjusted based on percentage changes established for state legislators by the Washington State Salary Commission, 2. The salary of the assessor,auditor,county clerk and treasurer is one hundred thousand nine hundred twenty dollars($100,920)in 2014,and shall be adjusted biennially based on percentage changes established for state legislators by the Washington State Salary Commission. C. If the Washington State Salary Commission increases legislative salaries to reflect a change from a part-time to full-time legislature,the percent change applied to the Executive Branch of Washington state government shall apply to council members,and other elected officials. D. Judges and Prosecuting Attorney. 1. The terms of this charter do not apply to the salaries of judges or the prosecuting attorney. Section 5.6 Employment and status as elected official No county elected official shall hold any other office or employment within county government during a term of office. Section 5.7 Privilege County elected officials,appointed officials and employees shall not use their positions to secure employment or special employment privileges for themselves or others. County elected officials, appointed officials and employees shall not solicit or accept any benefit, compensation, profit or advantage directly or indirectly from or by reason of the discharge of their county responsibilities and duties. ARTICLE 6- ELECTIONS AND DISTRICTS Section 6.1 Election procedures Except as provided in this charter, nominating primaries and elections shall be conducted in accordance with general law governing the election of partisan county officials. 6 ARTICLE 7- INITIATIVE AND REFERENDUM , Section 7.1 Direct government The people of Clark County reserve the power to make certain proposals at their option and to approve or reject them at the polls,independent of the council. Section 7.2 Initiative The people reserve the power of initiative.An ordinance or amendment to an ordinance,except as limited by state or federal law or court interpretation, may be proposed by filing an initiative petition with the auditor. No ordinance enacted as a result of initiative shall be amended or repealed within two (2)years after enactment,except as a result of a subsequent initiative or referendum or as required by state or federal law. A. Initiative Limitations. The following are limited by state or federal law or court interpretations and may not be proposed or adopted by initiative. 1. Ordinances providing for compensation or working conditions of county employees or elected officials. 2. Redistricting council districts. 3. Authorizing or repealing an appropriation of money or any portion of the annual budget. 4. Authorizing or repealing taxes or fees. 5. Authorizing or repealing any provision of a service or program provided by the county. 6. Amending or repealing this charter. B. Initiative Requirements. 1. Initiatives that require new or additional sources of revenue shall include a recommended revenue source adequate to finance the result of.the initiative. C. Initiative Procedures. 1. Any registered voter of Clark County may file an initiative proposal with the auditor,who shall transmit a copy to the prosecuting attorney.Within ten (10) business days of the filing date,the prosecuting attorney shall formulate a true and impartial ballot title,posed as a positive question not exceeding fifty(50)words. 2. The prosecuting attorney shall transmit the initiative petition to the auditor,who shall give the proposed initiative a number that will be the identifying number.Within an additional five(5) business days,the auditor shall confer with the petitioner to review and establish the form and style of the initiative petition as required by the auditor or ordinance.The prosecuting attorney shall evaluate the petition and provide the petitioner and auditor with the following statement: "In the opinion of the Clark County Prosecuting Attorney,the subject of this initiative is within the scope of local initiative powers.Yes [ ) No[) No opinion at this time [I."The prosecuting attorney shall mark the box that reflects his or her opinion.The petitioner may include this statement on the petition. 3. The petitioner shall have one hundred twenty (120)days after conferring with the auditor to collect signatures of registered county voters.Valid signatures collected shall number no less than ten (10)percent of the number of votes cast in the county in the last gubernatorial election. Each petition shall contain the warning clause prescribed by state law,full text of the proposed measure,ordinance or amendment to an ordinance,and ballot title. 4. The auditor shall verify the number of signatures on the petition,and, if a sufficient number of valid signatures has been submitted, place the proposal on the ballot for the next general election. 8 1. The auditor shall verify signatures on the referendum petition within ten (10)calendar days.After one hundred (100)signatures are validated,the ordinance or portion of the ordinance subject to referendum is suspended until: a. Sufficient valid signatures are collected within the time prescribed by this section to place the measure on the ballot and voters have voted on the measure. b. Valid signatures are not collected within the time prescribed by this section to place the measure on the ballot. 2. Filing a referendum petition against a portion of an ordinance shall not delay the remainder of the ordinance from taking effect. 3. Within five(5)business days of filing the referendum petition,the auditor shall confer with the petitioner to review the proposal as to form and style,as required by the auditor or ordinance. The auditor shall give the referendum petition an identifying number and transmit a copy of the petition to the prosecuting attorney. Within ten (10) business days after receipt,the prosecuting attorney shall write a ballot title not to exceed fifty(50)words and posed as a positive question, which shall express a true and impartial statement of the measure.The prosecuting attorney shall transmit the referendum petition to the auditor. 4. The petitioner shall have one hundred twenty(120)calendar days from registration to collect signatures of registered Clark County voters.The number of valid signatures collected shall equal no less than ten (10)percent of the total votes cast in the county in the last gubernatorial election. Each petition shall contain the full text of the referred measure and ballot title.The auditor shall verify the number of signatures on the petition and, if valid,submit the measure to voters at the next general election. Petition signatures must be submitted to the auditor for verification no less than one hundred fifty(150)calendar days before the date of the next general election. Section 7.5 Recall The people reserve the power of recall, as provided in the constitution and laws of the state of Washington. ARTICLE 8-GENERAL PROVISIONS Section 8.1 Form of ordinances No ordinance shall contain more than one (1)subject.The subject shall be clearly expressed in the title. Ordinances may, by reference, adopt Washington state statutes or any recognized printed codes or compilations in whole or in part.All county ordinances shall become part of Clark County Code.The council shall establish by ordinance procedures to codify ordinances,correct deficiencies and conflicts, . make technical revisions, and remove obsolete provisions. Section 8.2 Enactment of ordinances Proposed ordinances may be introduced by any council member or mini-initiative. Every proposed ordinance shall be introduced in its entirety in writing. Brief summaries of proposed ordinances shall be published before consideration.The council shall hold at least one (1)public hearing after due notice to consider the proposed ordinance.A proposed ordinance may be amended by motion at hearing without publication,provided the amendments do not change the scope and object of the proposed ordinance. Final passage by council requires a roll call vote with a minimum of three(3)affirmative votes required 10 Section 8.9 Franchises All franchises granted by the council shall be for a fixed term not to exceed twenty-five(25)years. No exclusive franchise shall be granted for the use of any street,road or public'place.All franchises shall be subject to the power of eminent domain and right of the council or people acting through initiative or referendum to repeal,amend or modify the franchise in the public's interest. Every ordinance granting a franchise shall contain a reservation of these rights. In a proceeding under eminent domain,the franchise itself shall have no value. Section 8.10 Public disclosure Public disclosure of the financial interests of Clark County officials and employees shall be governed by county ordinance and general law. Section 8.11 Severability If any section,subsection,clause,word or phrase of this charter is held invalid, unconstitutional or inapplicable to any person by a court of competent jurisdiction,such invalidity, unconstitutionality or inapplicability to any person shall not affect the validity or constitutionality or applicability to all other persons of the remaining portions of this charter. ARTICLE 9-CHARTER REVIEW AND AMENDMENTS Section 9.1 Charter review commission This charter shall be reviewed periodically by a charter review commission ("commission")as provided in this article. A. Election and Period of Office. Five (5)years after adoption of this charter and at least every ten (10)years thereafter,the council shall cause an election of a charter review commission.The commission shall consist of fifteen (15) persons, elected on a nonpartisan basis;three(3)will be from each council district and three(3)will be countywide.These candidates shall file during the regular candidate filing period and pay a twenty-five dollar($25.00)filing fee. No primary will be held for this election.The election shall be held at the November general election.The member receiving the greatest number of votes shall convene the commission.The term of office for persons elected to the commission shall be one(1)year or until the work of the commission concludes,whichever occurs sooner. The commission may meet at appropriate times and places, as long as meetings are held within the jurisdictional boundaries of Clark County. Public notice of each meeting must be provided in a newspaper of general circulation throughout the county and by a posting on the county's website at least fourteen (14)days in advance of the meeting. B. Vacancy. Vacancies on the commission shall be filled by the remaining members of the commission within thirty (30)calendar days after the chair declares a vacancy provided that within ten (10)days of the declaration, notice shall be given residents of the district in which the vacancy occurs in a manner determined by the commission.The person selected to fill the vacancy shall reside in the district where there is a vacancy.Selection requires a simple majority vote of the commission. C. Financial Support. Members of the commission shall serve without salary, but shall be reimbursed for reasonable out-of- pocket expenses.The council shall provide the commission with reasonable and necessary money, facilities and services to effectively and efficiently fulfill its purpose. 12 B. Submission of a Public Charter Amendment. A proposed charter amendment petition must bear the valid signatures of registered voters of the county equal to at least twenty(20) percent of the number of votes cast in the county's last gubernatorial election.Signatures shall be submitted to the auditor not more than one hundred fifty (150)calendar days following the date of conference with the petitioner to establish the form and style of the petition,and at least one hundred fifty(150)calendar days before the next general election. Section 9.6 Charter amendments proposed by the council The council may propose amendments to the charter by enacting an ordinance to submit a proposed amendment to the voters at the next November general election occurring at least ninety(90)days after enactment.A minimum of four(4)affirmative votes of the council shall be required to enact such an ordinance. The amendment shall be submitted to the auditor in compliance with Section 9.3(A) of this article. Section 9.7 Codification Amendments to the charter shall be incorporated in the text of the original charter and published.The text of the transition article shall appear only in the initial charter as published. ARTICLE 10-TRANSITIONAL PROVISIONS Section 10.1 Purpose of article Transitions from the existing form of government to the form of government established by this charter are guided by this article. Where this article is inconsistent with other articles of this charter,the provisions of this article shall constitute exceptions. Section 10.2 Form of government established The form of government provided in this charter shall be established on January 1, 2015,in accordance with Article XI,Section 4,of the Washington State Constitution.This date shall be known as the "effective date."On the effective date,county commissioners holding office shall become council members. The board of county commissioners shall become the county council on the effective date.The board of county commissioners'executive authority shall transfer from the board to the county administrator, who shall become the acting county manager on the effective date.The council shall not appoint a permanent county manager until all five(5) council members are elected and sworn into office. If the county administrator position is vacant,the council may appoint a qualified individual to hold the position on an interim basis until a county manager is selected as per the provisions of this transition article. Section 10.3 Continuation of ordinances and vested rights All county ordinances, policies and resolutions in force immediately prior to the effective date,to the extent they are consistent with the provisions of this charter,shall remain in full force and effect until amended or repealed.All contracts, rights,claims,obligations, proceedings and liabilities in favor of or against the county, and all criminal proceedings existing immediately prior to the effective date, are not affected by adoption or effectiveness of this charter and shall remain in full force and effect. 14 D. Any person appointed or elected to fill an unexpired term of a council member elected before 2015 shall be paid fifty-three thousand dollars($53,000) per year. Section 10.8 Code revisions On or about December 31,2015,the prosecuting attorney shall propose amendments to the Clark County Code that are necessary to make code consistent with this charter. Section 10.9 Charter amendments The county council may not propose amendments to this charter until all five (5)council members are seated. 16 PRECINCT DISTRICT PRECINCT DISTRICT PRECINCT DISTRICT PRECINCT DISTRICT Number NAME Number NAME Number NAME Number NAME 395 D1 491 D2 686 D3 605 D4 639 D1 500 D2 687. D3 606' D4 640 D1 502 D2 688 D3 610 D4 642 D1 503 D2 689 D3 613 D4 643 D1 505 D2 690 D3 615 D4 650 D1 510 D2 691 D3 617 D4 651 D1 511 D2 692 D3 618 D4 660 D1 515 D2 693 D3 620 D4 663 D1 520 D2 694 D3 625 D4 670 D1 521 D2 695 D3 900 D4 673 D1 522 D2 696 D3 903 D4 675 D1 523 D2 697 D3 905 D4 100 D1 524 D2 698 D3 910 D4 END 527 D2 699 D3 912 D4 543 D2 700 D3 913 D4 545 D2 710 D3 914 D4 550 D2 720 D3 917 D4 553 D2 957 D3 920 D4 555 D2 958 D3 925 D4 560 D2 959 D3 930 D4 563 D2 END 935 D4 565 D2 940 D4 566 D2 947 1 D4 571 D2 950 D4 630 D2 951 D4 632 D2 953 D4 635 D2 960 D4 636 D2 961 D4 638 D2 962 D4 END 963 D4 964 D4 965 D4 966 D4 967 D4 968 D4 969 D4 985 D4 END 18 ARTICLE XI COUNTY,CITY,AND TOWNSHIP ORGANIZATION SECTION 4 COUNTY GOVERNMENT AND TOWNSHIP ORGANIZATION.The legislature shall establish a system of county government,which shall be uniform throughout the state except as hereinafter provided,and by general laws shall provide for township organization, under which any county may organize whenever a majority of the qualified electors of such county voting at a general election shall so determine;and whenever a county shall adopt township organization,the assessment and collection of the revenue shall be made,and the business of such county and the local affairs of the several townships therein,shall be managed and transacted in the manner prescribed by such general law. Any county may frame a "Home Rule"charter for its own government subject to the Constitution and laws of this state,and for such.purpose the legislative.authority of such county-may cause an election to be had,at which election there shall be chosen by the qualified voters of said county not less than fifteen(15) nor more than twenty-five(25)freeholders thereof,as determined by the legislative authority, who shall have been residents of said county for a period of at least five(5)years preceding their election and who are themselves qualified electors,whose duty it shall be to convene within thirty(30)days after their election and prepare and propose a charter for such county.Such proposed charter shall be submitted to the qualified electors of said county,and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said county and shall become the organic law thereof,and supersede any existing charter,including amendments thereto,or any existing form of county government,and all special laws inconsistent with such charter.Said proposed charter shall be published in two (2) legal newspapers published in said county,at least once a week for four(4) consecutive weeks prior to the day of submitting the same to the electors for their approval as above provided.All elections in this section authorized shall only be had upon notice,which notice shall specify the object of calling such election and shall be given for at least ten(10)days before the day of election in all election districts of said county.Said elections may be general or special elections and except as herein provided,shall be governed by the law regulating and'controlling general or special elections in said county.Such charter may be amended by proposals therefor submitted by the legislative authority of said county to the electors thereof at any general election after notice of such submission published as above specified,and ratified by a majority of the qualified electors voting thereon. In submitting any such charter or amendment thereto,any alternate article or proposition may be presented for the choice of the voters and may be voted on separately without prejudice to others. Any home rule charter proposed as herein provided, may provide for such county officers as may be deemed necessary to carry out and perform all county functions as provided by charter or by general law,and for their compensation, but shall not affect the election of the prosecuting attorney,the county superintendent of schools,the judges of the superior court,and the justices of the peace,or the jurisdiction of the courts. Notwithstanding the foregoing provision for the calling of an election by the legislative authority of such county for the election of freeholders to frame a county charter,registered voters equal in number to ten(10)per centum of the voters of any such county voting at the last preceding general election, may at any time propose by petition the calling of an election of freeholders.The petition shall be filed with the county auditor of the county at least three(3) months before any general election and the proposal that a board of freeholders be elected for the purpose of framing a county charter shall be submitted to the vote of the people at said general election,and at the same election a board of freeholders of not less than fifteen(15)or more than twenty-five(25),as fixed in the petition calling for the election,shall be chosen to draft the new charter.The procedure for the nomination of qualified electors as candidates for said board of freeholders shall be prescribed by the legislative authority of the county,and the procedure APPENDIX B for the framing of the charter and the submission of the charter as framed shall be the same as in the case of a board of freeholders chosen at an election initiated by the legislative authority of the county. In calling for any election of freeholders as provided in this section,the legislative authority of the county shall apportion the number of freeholders to be elected in accordance with either the legislative districts or the county commissioner districts,if any,within said county,the number of said freeholders to be elected from each of said districts to be in proportion to the population of said districts as nearly as maybe. Should the charter proposed receive the affirmative vote of the majority of the electors voting thereon,the legislative authority of the county shall immediately call such special election as may be provided for therein,if any,and the county government shall be established in accordance with the terms of said charter not more than six(6) months after the election at which the charter was adopted. The terms of.all elective officers, except the prosecuting attorney,the county superintendent of schools,the judges of the superior court,and the justices of the peace,who are in office at the time of the adoption of a Home Rule Charter shall terminate as provided in the charter.All appointive officers in office at the time the charter goes into effect,whose positions are not abolished thereby,shall continue until their successors shall have qualified. After the adoption of such charter,such county shall continue to have all the rights,powers, privileges and benefits then possessed or thereafter conferred by general law.All the powers,authority and duties granted to and imposed on county officers by general law,except the prosecuting attorney, the county superintendent of schools,the judges of the superior court and the justices of the peace,shall be vested in the legislative authority of the county unless expressly vested in specific officers by the charter.The legislative authority may by resolution delegate any of its executive or administrative powers, authority or duties not expressly vested in specific officers by the charter,to any county officer or officers or county employee or employees. The provisions of sections 5,6,7,and the first sentence of section 8 of this Article as amended shall not apply to counties.in which the government has been established by charter adopted under the provisions hereof.The authority conferred on the board of county commissioners by Section 15 of Article II as amended,shall be exercised by the legislative authority of the county. [AMENDMENT 21, 1947 Senate Joint Resolution No. 5, p 1372.Approved November 2, 1948.] NOTES: Original text—Art. 11 Section 4 COUNTY GOVERNMENT AND TOWNSHIP ORGANIZATION—The legislature shall establish a system of county government which shall be uniform throughout the state,and by general laws shall provide for township organization,under which any county may organize whenever a majority of the qualified electors of such county voting at a general election shall so determine,and whenever a county shall adopt township organization the assessment and collection of the revenue shall be made and the business of such county, and the local affairs of the several townships therein shall be managed and transacted in the manner prescribed by such general laws. APPENDIX B SECTION 5 COUNTY GOVERNMENT.The legislature,by general and uniform laws, shall provide for the election in the several counties of boards of county commissioners,sheriffs,county clerks, treasurers,prosecuting attorneys and other county,township or precinct and district officers,as public convenience may require,and shall prescribe their duties,and fix their terms of office:Provided,That the legislature may,by general laws,classify the counties by population and provide for the election in certain classes of counties certain officers who shall exercise the powers and perform the duties of two or more officers. It shall regulate the compensation of all such officers,in proportion to their duties,and for that purpose may classify the counties by population:Provided,That it may delegate to the legislative authority of the counties the right to prescribe the salaries of its own members and the salaries of other county officers.And it shall provide for the strict accountability of such officers for all fees which may be collected by them and for all public moneys which may be paid to them,or officially come into their possession.[AMENDMENT 57, part, 1971 Senate Joint Resolution No.38,part,p 1829.Approved November, 1972.] NOTES: Amendment 12 (1924)—Art. 11 Section 5 COUNTY GOVERNMENT—The legislature,by general and uniform laws,shall provide for the election in the several counties of boards of county commissioners,sheriffs, county clerks,treasurers,prosecuting attorneys and other county, township or precinct and district officers, as public convenience may require, and shall prescribe their duties,and fix their terms of office.-Provided, That the legislature may, by general laws, classify the counties by population and provide for the election in certain classes of counties certain officers who shall exercise the powers and perform the duties of two or more officers.It shall regulate the compensation of all such officers, in proportion to their duties, and for that purpose may classify the counties by population.And it shall provide for the strict accountability of such officers for all fees which may be collected by them and for all public moneys which may be paid to them, or officially come into their possession. [AMENDMENT 12, 1923 p 255 Section 1.Approved November, 1924.1 Original text—Art. 11 Section 5 ELECTION AND COMPENSATION OF COUNTY OFFICERS—The legislature by general and uniform laws shall provide for the election in the several counties of boards of county commissioners,sheriffs,county clerks, treasurers,prosecuting attorneys, and other county,township or precinct and district ofi:<cers as public convenience may require, and shall prescribe their duties,and fix their terms of off=ice. It shall regulate the compensation of all such officers, in proportion to their duties,and for that purpose may classify the counties by population.And it shall provide for the strict accountability of such officers for all fees which may be collected by them,and for all public moneys which may be paid to them,or officially come into their possession. APPENDIX B Cc:CMMRS Neatherlin, Shutty, Trask �Clerk� n'"��; Western Conference of Teamsters Pension Trust ° e0 An Employer-Employee Jointly Administered Pension Plan - Founded 1955 Northwest Administrative Office 2323 Eastlake Ave E.,Seattle,WA 98102 (206)329-4900 March 23, 2020 Sharon Trask, Commissioner Russ Walpole, Secretary-Treasurer Mason County Teamsters Local Union No. 252 411 N 5th 217 East Main Street Shelton WA 98584 Centralia WA 9853 1 Re: Juvenile Detention Unit Labor Agreement Effective January 1,2019 through December 31,2020 Account#412951 Contract#MCNMC To the Bargaining Parties: Your Collective Bargaining Agreement effective January 1, 2019 through December 31,2020 has been accepted by the Western Conference of Teamsters Pension. The Trust's records have been updated with the relevant information from the new Agreement. We have on file your jointly signed Employer-Union Pension Certification (E-U) binding the parties to the Agreement and Declaration of Trust and Pension Plan. The terms of the E-U apply to the new Agreement and are perpetual in nature. The obligation to contribute to the Trust Fund will remain in effect beyond expiration of the Agreement. Please retain this letter to document acceptance of the Agreement. If you have any questions, please feel free to contact me at(208) 898-7506 or ddenaton,wctpt.corn. Sincerely, Daniel Denato Contract Administration C Mason County Commissioners Cc:CMMRS Neatherlin, Shutty, Trask Mail- GKenyon@co.mason.wa.us -Clerk FW: Mason County Public Health COVID-19 Information Release Melissa Drewry Mon 4/6/2020 8:37 AM To:Ginger Kenyon <GKenyon @co.masonma.us>; Ginger, I am sending you this email and one more from Herb Gerhardt. Please add these to correspondence for the next meeting( I believe it's April 21s) and you can just say something like, "Letters received from Jerry Escalante and Herb Gerhardt regarding COVID-19." Thank you! Melissa From:Jerry<n7yge@hctc.com> Sent:Saturday,April 4, 2020 9:54 PM To: Melissa Drewry<MDrewry@co.mason.wa.us> Cc: Herb Gerhardt<hgerhardt@wavecable.com> Subject: FW: Mason County Public Health COVID-19 Information Release Mr. Herb Gerhart sent you a message on this same subject. I sent the below message on the same subject on April 2"d and never got a response. We the people are talking into an empty bucket where there is no responsibility taken by anyone. Maybe a letter to the Governor might be in order due to Mason Counties wreck less stance. We the public need to know where not to trespass. I have managed to stay home through all this but my wife is the one taking the chances to keep the household stocked. Shame on you folks. Jerry Escalante From: Jerry [ma!Ito:n7yge@hctc.com] Sent: Thursday, April 2, 2020 9:49 AM To: 'Mason_PIO@co.mason.wa.us' Subject: Mason County Public Health COVID-19 Information Release We the public need to know the general proximity of the infected virus hot spots so we can avoid those areas in our travels. Other news reporters give the general area and sometime the specific rest home where the virus has broken out. We understand keeping the names hidden for privacy and not what we are seeking. I request to know the general areas of the 11 people who are infected with the virus in Mason County for my and other people to protect our safety in avoiding these areas. Thank you. Jerry Escalante. https://owa.co.mason.wa.us/owa/ 4/6/2020 Mail - GKenyon@co.mason.wa.us Page 2 of 2 https://bloximages.newyorkl.vip.townnews.com/ifiberonenewsradio.com/content/tncros/assets/v3/editorial/f /f0/ff07b38a-74d7-Ilea-982a-4fe87cdd26de/5e85dl7de6d8c.pdf.pdf https:Howa.co.mason.wa.us/owa/ 4/6/2020 Cc:CMMRS Neatherlin, Shutty, Trask Mail- GKenyon@co.mason.wa.us lerK:: FW: Public Comment: Coivid-19 Positive Tests Melissa Drewry Mon 4/6/2020 8:37 AM TaGinger Kenyon <GKenyon@co.masonma.us>; From Herb Gerhardt<hgerhardt@wavecable.com> Sent:Saturday,April 4, 2020 7:42 PM To: Melissa Drewry<MDrewry@co.mason.wa.us> Cc: 'Herb Gerhardt' <hgerhardt@wavecable.com> Subject: Public Comment: Coivid-19 Positive Tests I object to not disclosing the locations of identified positive cases to the Covid-19 virus as explained below from the MasonWebTV article. My wife is in the high risk category due not only to age but also recent medical procedures. She does not leave the house except for medical appointments and I limit my travels to taking her to her appointments and critical needs, so I want to make sure I do not even get close to any known Covid-19 locations as I do not want to take any chance for bringing it home. Telling us a positive tested patient is quarantined to their home is not sufficient as there is nothing to prevent them from leaving their residence. So I request that the Commissioners instruct the MC Health Department to reveal the locations of persons who tested positive and where they had traveled recently. Herb Gerhardt, KB7UVC 90 NE Rainbow PI N Belfair, WA 98528 Home: 360-275-6876 Cell: 360-551-3670 From MasonWebTV: Due to Mason County being a small community, location data of positive cases will not be released to reduce the possibility of patient identification and to protect personal health information. Identified positive cases are located throughout Mason County. To avoid exposure, continue to follow the https://owa.co.mason.wa.us/owa/ 4/6/2020 Mail - GKenyon@co.mason.wa.us Page 2 of 2 guidance of washing hands frequently, stay home, unless essential to work and limit travel to only medical appointments, medication pick up, and once every 2-week grocery shopping needs. htt,Ds://owa.co.mason.wa.us/owa/ 4/6/2020 Cc:CMMRS Neatherlin, Shutty, Trask �zC1erk,,D-wipde`►vlIA-,ptagve t�—b2a�Ah Washington State Licensing and Regulation g PO Box 43098 ° Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360)664-1600 Fax—(360)753-2710 April 7, 2020 SOUTH COLBY INVESTORS LLC 8139 SOUTHEAST MILLIHANNA RD OLALLA,WA 98359 Re: SOUTH COLBY INVESTORS 111 NE RANCH DR STE C TAHUYA, WA 98588-9773 LICENSE#416268 - 7B UBI603-367-808-001-0001 Your application for change in limited liability members has been approved. This approval is for: Individual/Entity Position Units Tory Ryan Madsen Mgr/Mbr 95 Lee Ann Madsen Spouse Joseph P. Krecker Mbr S Senovia Rivas Spouse -Total 100 *As of April 1,2018—The WSDA will regulate the processing of all Cannabis-Infused Edibles through an endorsement program. To get more information about the endorsement please call the WSDA at(360) 902-1876 or visit the WSDA's Cannabis Infused Edible website. Rek,CC6>; ZU"/BAM Marijuana Licensing Specialist 360-664-1707 cc: Enforcement Office Mason County Commissioners Business License Service File Decisions PO BOX 43098,Olympia,WA 98504-3098—(360)664-1600 Option 1 Cc:CMMRS Neatherlin, Shutty, Trask Pork b,11)t ft d M Washington State K-e6ll�e A Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov RETURN TO:localauthority@sp.icb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 4/08/20 RE:CHANGE OF LOCATION APPLICATION from CANNA LOWLIFE 7511 W SHELTON MATLOCK RD#100 STE 100 APPLICANTS: SHELTON,WA 98584-8914 License: 416358 -7B County:23 OLYBOI, INC UBI:604-454-177-001-0003 TANZER,JONATHON Tradename:OLY BOI, INC 1988-02-28 New Loc: 160 W WESTFIELD CT STE Al TANZER, KATHRYN ROSE SHELTON,WA 98584-4604 (Spouse) 1989-05-03 Mail: 4844 65TH AVE NE OLYMPIA,WA 98516 Phone No.: 509-999-4557 JONATHAN TANZER Privileges Applied For: MARIJUANA PROCESSOR As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. YES NO 1.Do you approve of applicant?. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask ,CIe"rk o, 1 SQUAXIN ISLAND TRIBE ,.r ... ......... .............. .. ........... .............•:sr..... :.4:rq. .:Si.i ..•.rs...rlif(:7t3i'i.,"'".titi:: 1i'3.`�yy'.'" Declaration of Disaster i i Under the provisions of Section [Major Disaster citation (401), Emergency citation (501)] of the Robert T.Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. §§ 5121-5207 (Stafford Act), and implemented by 44 CFR § [Major Disaster citation (206.36), Emergency citation (206.35)],we have declared a disaster for the COVID-19 Pandemic for the Squaxin Island Tribe and its Assets as a result of the Coronavirus(COVID-19) Pandemic on March 20, 2019, raising the level of response from the State of Emergency declared on March 3, 2020, remaining in effect until farther notice.This declaration activates the Tribal Comprehensive Emergency Management Plan (CEMP). In addition, it activates all supporting plans necessary to combat this situation. 1:21V Ar Id Cooper airman Squaxin Island Tribe i SQ.UAXIN ISLAND TRIBE / 10 S.E. Squaxin Lane / Shelton, WA 98584 / Phone (360) 426-9781 Fax (360) 426-6577 www.squaxinisland.org Cc:CMMRS Neatherlin, Shutty, Trask Clerk FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 (503) 552-2700 Office - (503) 552-2799 Facsimile 4/8/2020 In reply refer to: P-460 Via Electronic Mail Mr. Chris Mattson Generation Manager `�`� 13 2026 City of Tacoma Mason County cmattson@ci.tacoma.wa.us Corm-nissioners Subject: 2019 DSSMR, Cushman No. 1 and No. 2 Developments, Cushman Project Dear Mr. Mattson: This letter is to acknowledge your November 20, 2019.letter transmitting the 2019 Dam Safety Surveillance and Monitoring Report (DSSMR, report) for Cushman No. 1 and No. 2 Dams of the Cushman Project, FERC No. 460. We have reviewed the report and we acknowledge your CDSE's conclusion that there are,no developing dam safety issues, and that the dam is safe for continued operation. We have the following additional comments on the report: 1. As discussed in'Section Ld, the upward trend in the Cushman Dam No. 2 right abutment drain flows continued in 2.019 with the highest flow yet from the drains recorded in January 22, 2019 (6.32 gpm). This trend was discussed in your December 24, 2018 supplement to the 2017 Part 12D Independent Consultants (IC) Safety Inspection Report (2017 CSIR). The.IC concluded the amount of drainage was insignificant to dam stability and recommended adjusting the caution/critical level to an increase of 0.5 gpm per year. We concurred with the findings and new caution/criti'cal levels by March 15, 2019 email. However, while the increasing drainage may not be a current concern relating to the stability dam at this time due to the low volumes observed, overall changes in the abutment drainage patterns over time could be an indication of a developing condition within the abutment. Since this trend appears to have begun after the completion of the right abutment buttress and the subsequent contact grouting in 2008 it is possible that the grouting closed off open seepage paths forcing more drainage to 2 the drains. If this is the case the flows would be expected to eventually stabilize. This trend should continue to be closely monitored by your staff even if the 0.5 gpm caution/critical level is not exceeded. If the upward trend continues over the next two reporting periods and does not show signs of stabilizing this condition will need a detailed evaluation by your IC for the 2022 CSIR when additional actions may be required to ascertain the cause of the increase and how it might impact abutment stability. 2. Section 2.a reports a depression/crack was found on the Cushman Dam No. 2 right abutment surface just downstream of the right thrust block. Reportedly the Chief Dam Safety Engineer (CDSE) inspected the area and found that the feature extended along the abutment parallel to the dam and appeared to continue down slope toward the valve house. Based on observations of the sediment and debris in the depression/crack and differences in vegetation around it the CDSE concluded that the feature had been there for years and was not an indication of a developing condition. This area was inspected during our 2019 dam safety inspection and our . observations were consistent with those reported in the DSSMR. This feature should continue to be closely observed during future inspections for any signs of change. If any changes in the feature are observed, such as opening of the crack, additional investigations may be required. No response to this letter is required at this time. Please incorporate the above comments in your next annual DSSMR submittal. The Commission strongly encourages electronic filing. Please file submittals to this office using the Commission's eFiling system and, if required, provide two hard copies to this office. The Hydropower Filing Guide, which is available at the web address below, contains information on how to use the eFiling system and guidance on which dam safety submittals require hard copies. his://www.ferc.gov/industries/hydropower/safety/guidelines/filing-guide.pdf Note: The Portland Regional Office is currently encouraging extended telework for all staff due to COVID-19. While the office will be OPEN during this time, there may not be staff present in the office at all times during regular business.hours..Since we will have limited physical presence in the office, we are temporarily suspending the requirement to send 2 hard copies of the items listed in the Hydropower.Filing Guide. For several types of submittals, we request that you prepare and set aside the hard copy so you can provide it to us after we return to normal operations; these items include construction plans and specifications, Public Safety Plans, Emergency -f Action Plan Reprints and Revisions, and Supporting Technical Information Reprints and Revisions. If you have a large document that cannot be e-filed, we request that you coordinate directly with the project engineer, listed below, to ensure that we are able to receive the filing. 3 Thank you for your continued cooperation and interest in dam safety..If you have any questions, please contact Mr. Justin Nettle of this office at (503) 552-2714. ,n Sincerely, d Douglas L. Johnson, P.E. Regional Engineer r 4,1 Cc:CMMRS Neatherlin, Shutty, Trask tCler..k--•' 171 FERC 162,017 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION fi City of Tacoma, Washington Project No. 460-096 �J ORDER MODIFYING.AND APPROVING NON-PROJECT USE APR 1. OF PROJECT LANDS Mason CO3 111y (Issued April 6, 2020) Commissic i rs 1. On December 20, 2019, the City of Tacoma, Washington, (Tacoma Power) licensee for the Cushman Hydroelectric Project No. 460, filed an application requesting Commission authorization to issue a permit to Lake Cushman Maintenance Company (LCMC) to continue to occupy project lands for the purpose of providing residential parks, located partially within the project boundary, for the residents of LCMC housing divisions at the Cushman Hydroelectric Project No. 460. The project is located on the North Fork of the Skokomish River in Mason County, Washington. The project occupies federal lands administered by the United States Forest Service within the Olympic National Forest and the Skokomish Indian Reservation. 2. On July 30, 1998 (July 1998 Order), the Commission issued a subsequent 40-year license to Tacoma Power to operate and maintain the Cushman Project.' The license order includes Article 431, allowing Tacoma Power to grant permission for the use and occupancy of project lands and waters for minor activities, without prior Commission approval, as long as such uses are consistent with the purposes of protecting and enhancing the scenic, recreational, and environmental values of the project. Article 431(d) allows the-licensee to convey fee title to, easements or rights-of-way across, or leases of project lands for a variety of purposes, if "(i) the amount of land conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located at least 75 feet, measured horizontally, from project waters at normal surface elevation; and (iii) no more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7) in any calendar year." Because the lands at each park site are immediately adjacent to project waters, and the amount of land occupied by two of the parks exceeds five acres, this issue falls outside the scope of license Article 431 and requires Commission approval. ' Order Issuing Subsequent Major License, Dismissing Complaint as Moot, and Rejecting Motion to Intervene (84 FERC 161,107). Project No. 460-096 - 2 - 3. 2 -3. Tacoma Power issued a 99-year lease to the Lake Cushman Company in 1966 for lands adjacent to Lake Cushman and Lake Kokanee. These lands have been subdivided into lots and sub-let for the development of residential properties. The lots are grouped into 19 divisions, which include access to the parks developed by the LCMC (the homeowners association) as a benefit for residents. Portions of five division parks were incorporated into the project boundary when a project boundary was established during relicensing. Tacoma Power's filing was made to ensure that use of the parks would continue to be specifically for lease,holders residing within the divisions. 4. Tacoma Power requested comments regarding the propose use from the United States Forest Service (Forest Service), United States Fish and Wildlife Service (FWS), Washington Department of Fish and Wildlife (Washington DFW), and Mason County by email on October 14, 2019. Mason County and FWS stated that they had no objections to the application via separate emails dated October 14, 2019. FWS added the expectation that management for the lands in question would remain unchanged. The Forest Service and Washington DFW did not respond to the licensee's request for comments. 5. On January 10, 2020, Commission staff issued a public notice of the licensee's December 20, 2019 application. No comments or motions to intervene were received. 6. The original Cushman Project license was issued for a minor part of a complete project which incorporated the impoundments, but did not include a project boundary.2 The July 1998 Order issued a subsequent license which established a project boundary following the 742-foot contour interval at Lake Cushman and the 482-foot contour interval at Lake Kokanee (four feet above the normal maximum operating levels) for the project. As a result of this change, portions of five pre-existing parks were incorporated into the project boundary (Division 1 Park, 7.68 acres; Division 2 Park, .48 acres; Division 3/4 Park, 9.70 acres; Division 9 Park, 4.74 acres; and Division 14 Park, .82 acres). Together these parks occupy 1.2 miles (3.6 %) of the 33.3 miles of shoreline at the project. The Division 9 Park is located adjacent to Lake Kokanee, while the other four parks are located adjacent to the much larger Lake Cushman. None of the parks have been available for use by the general public previously, thus the amount of public access to the project will not be reduced by this proposal. 7. The maintenance and operation of the division parks is funded by community members who lease residential lots within each division. Under the previous license, the division parks were not open for public use. Tacoma Power indicates that all the facilities and uses associated with the district parks are consistent with the provisions of 2 See Fourth Annual Report of the Federal Power Commission at pp. 18, 103, and 145 (1924). Project No. 460-096 - 3 - the 3 -the approved Shoreline Management Plana for the project. No concerns were raised by consulting parties or the public regarding Tacoma Power's proposal. 8. Tacoma Power operates and maintains a variety of recreation facilities at the project including boat launches, picnic areas, shoreline access points, trailheads, and a viewpoint. Additionally, the licensee collaborates with the Forest Service to provide additional recreation opportunities in the project area. Periodic monitoring of recreation use at the project is conducted to ensure that adequate recreation facilities are provided to meet the needs of the public.4 Given the existing public recreation opportunities and access at the project, there is no issue with public access being restricted at the district parks. Tacoma Power's proposal should be granted. The Director orders: (A) The City of Tacoma, Washington's application, filed December 20, 2019, requesting Commission authorization to issue a permit to the Lake Cushman Maintenance Company (LCMC) to continue to occupy project lands for the purpose of providing residential parks, located partially within the project boundary, for the residents of the LCMC housing divisions at the Cushman Hydroelectric Project No. 460, as modified by paragraph (B) below, is approved. (B) The licensee must include the following conditions in any permit issued to the Lake Cushman Maintenance Company: (1) the permittee's use and occupancy of project lands and waters must not endanger health, create a nuisance, or otherwise be incompatible with overall project recreational use; (2) the permittee must take all reasonable precautions so that the operation and maintenance of the permitted facilities will occur in a manner that protects the scenic, recreational, and other environmental values of the project; and (3) the permittee must not unduly restrict public access to project lands and waters. (C) This order supersedes the March 20, 2020 Order Modifying and Approving Non-Project use of Project Lands (170 FERC 9C 62,160). The March 20, 2020 Order is hereby rescinded. 3 Order Modifying and Approving Shoreline Management Plan (146 FERC 9[ 62,154) issued February 28, 2014. The Shoreline Management Plan was filed on July 5, 2012 and the Shoreline Use Specifications and Permitting Guidelines were filed on August 2, 2013. 4 See Recreation Use Monitoring_Report filed February 28, 2018. Project No. 460-096 - 4 - (D) 4 -(D) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the FPA, 16 U.S.C. § 8251 (2018), and the Commission's regulations at 18 C.F.R. § 385.713 (2019). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee's failure to file a request for rehearing shall constitute acceptance of this order. Robert J. Fletcher Land Resources Branch Division of Hydropower Administration and Compliance i f Cc:CMMRS Neatherlin, Shutty, Trask Mail- GKenyon@co.mason.wa.us C4 leek FW: Advisory board/commission appointments Melissa Drewry Tue 4/14/2020 8:12 AM TaGinger Kenyon <GKenyon@co.mason.wa.us>;Jen Giraldes <JGiraldes@co.mason.wa.us>; Ginger, can you please add this to correspondence noting that Marilyn has given a letter of resignation from both the Housing and Behavioral Health Advisory Board as well as the Planning Advisory Commission? Jen—this is just an fyi for your board book/list. Thank you! Melissa From: Marilyn Vogler<mjvogier@mtu.edu> Sent:Saturday,April 11, 2020 7:20 AM To: Melissa Drewry<MDrewry@co.mason.wa.us> Subject: Fwd:Advisory board/commission appointments Melissa, after I sent this I figured I ought to have included a copy to you as well. Will you see that it gets to whoever there needs to know besides the commissioners? Thanks, Marilyn ----------Forwarded message--------- From: Marilyn Vogler<m!vogier@mtu.edu> Date:Sat,Apr 11,2020 at 7:13 AM Subject:Advisory board/commission appointments To: Kevin Shutty<KShutty@co.mason.wa.us>,Sharon Trask<strask@co.mason.wa.us>, Randy Neatherlin <RandyN@co.mason.wa.us> Cc:Todd Parker<TParker@co.mason.wa.us>, Kell Rowen<krowen@co.mason.wa.us> Mason County Board of Commissioners: These last few weeks have been,for me, a time of reflection and reorganization of my life. I've grown used to days whose activities are determined, not by a pre-set calendar of events,but by an appreciation of the moments as they present themselves. I think I will not be able to go back to days filled with meetings,and consultations, and issues I must attend to for the committees I serve on. I have had time to reflect,as well, on my sense of what these committees are supposed to accomplish and my concerns about the futility of much of the work,and thus I am,with truly mixed feelings, submitting my resignation from them--the Housing Behavioral Health Advisory Board and its companion,the Coordinated Entry Advisory Board, as well as the Planning Advisory Commission. I elaborate a bit below, and am willing to discuss any of this with commissioners and/or staff, but am not willing to reconsider my decision to leave them. Housing has been the focus of my concerns since I began volunteer work here in Mason County; I have come to understand that the problem of homelessness will not be solved without a significant increase in the amount of housing available. I also am convinced that a model based on an administrative structure of public employees, nonprofits and their staffs,and elaborate screening processes of clients, all to facilitate the pass-through of tax-dollar subsidies to market-rate rentals, is not sustainable.There must be housing affordable to even low-income persons at 30%of their income.The private hitm-Unix7n on macnn xxTn nc/mun/ an a/?mn Mail- GKenyon@co.mason.wa.us Page 2 of 2 sector is not going to provide it. Neither can we continue to place the burden on our non-profits,which depend on insecure funding and volunteer boards. If the problem of homelessness is to be solved,the county and city must build, own, and manage rentals,and I do not foresee a future in which that will be possible in Mason County. I am equally gloomy about the notion of planning,and indeed, have asked in my petulance why we bother to plan.The Growth Management Act includes a good many laudable goals and mandates that shape comprehensive plans, but Commerce has no enforcement power. I've heard county staff tell a person questioning a requirement that would limit his ability to build,"Oh,we don't enforce that."I've seen changes to the zoning in the Shelton UGA that are consistent neither with Shelton's zoning nor with the county's.And recently I was told that staff have to be willing to cooperate with a request and can't,apparently,simply be expected to comply. . Mostly, I think, I come from a different world--or at least have the impression that I do--one where the expectation is that standards w)ll be enforced,assignments will be completed, and laudable goals(rather than"low hanging fruit")will be achieved,and,though there are limited exceptions to all of the above,the exceptions are just that,exceptions, rather than standard procedure. It is also expected,however,that the resources necessary to achieve the goals will be provided. Perhaps the world has changed, or I have been wrong about what I have perceived, or perhaps I'm simply too old for all of this. In any event, I've enjoyed my work on these committees and will, in many ways, miss them. I do believe,in spite of all I've said,that they have facilitated some important decisions. But the time and energy I feel is necessary to serve as I would are increasingly difficult for me to muster. As ever, I thank you sincerely for the opportunities you've afforded me to serve my community. Sincerely, Marilyn Vogler BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of March 16,2020 Monday,March 16.2020 9:00 A.M. Support Services—Frank Pinter Commissioners Trask and Shutty were in attendance with Cmmr.Neatherlin participating via telephone. • Official Newspaper resolution will be placed on agenda • News release for Lodging Tax Advisory Board vacancy will be issued. • Jenn reviewed the February Financial Statements. • Contract for$5,000 from Current Expense for Veteran Assistance will be tabled to next week's briefing. • Jenn reviewed the amendments to Financial Policy that have been reviewed by the Audit Committee and will be placed on agenda for approval. Jenn confirmed the Commissioners are good with offices paying for drinking water for their employees. • Dawn reviewed the proposed Telework Policy and that along with amendments to Personnel Policy 4.5 will be placed on the March 17 agenda for adoption. • Frank presented a draft memo to staff and a policy for Pandemic and Public Health Emergency Response and Recovery for County Employees. Items to consider include:restricting reception and front counter services;restrict non-essential travel by county employees outside the county; restrict non-essential meetings within the county,use teleconferencing where possible. Cmmr. Shutty suggested mirroring what the City of Shelton is doing. The Board agreed to the above and suspend advisory board meetings;close parks;encourage on- line transactions. Discussion of waiving any fees associated with using on-line. There would have to be a discussion with the 31 party vendor that processes the County's credit card payments. Discussion to delay property tax deadline. Lisa Frazier stated if the State declares an emergency, the Treasurer may grant extensions. She is not willing to do so at this point;she has a call into 3,d party vendor. The Commissioners would have to adopt a resolution to waive fees for credit card transactions except for property tax and the County would assume costs. Cmmr.Neatherlin would like the Commissioners'public meetings broadcast in the lobby and to consider keeping parks open to allow access. Ross noted that it's the start of baseball season which draws a crowd and most parks have playground equipment. Schools have closed their playgrounds. Discussion of how to accomplish social distancing,such as locking front doors.Each office will make the decision on how to restrict access to their office;Building 1 downstairs doors are open with restricted areas marked effective noon today,March 16. • Discussion of paying employees who have COVIDI9 or symptoms or taking care of children and they exhaust any accrued leave. Shared leave has tax impacts. There may be access to unemployment or L&I benefits.The Board agreed to postpone any action at this point and continue current leave policies. • The Commissioners requested certain Meeting Rules be suspended so there is no restriction for Commissioners to participate in meetings remotely and no requirement for two Commissioners to be physically present at Commission meetings. 9:30 A.M. Community Services—Dave Windom Commissioners Trask and Shutty were in attendance with Cmmr.Neatherlin participating via telephone. • Appointment to Planning Advisory Commission is delayed. • Planned Action EIS for Belfair Subarea Plan—have Budget Manager look at budget and bring this item back. The potential budget impact is$170,000 to$230,000. • Agreed to bring back a former nurse on a part time basis as a temporary employee. Board of Mason County Commissioners'Briefing Meeting Minutes March 16,2020 • Dave reviewed the current Public Health response to COVID-19. The incident command center is activated and Ross McDowell reviewed the process that is followed. The Commissioners asked staff to put together resource information for the community. 10:00 A.M. BREAK 10:05 A.M. Assessor—Patti McLean Commissioners Trask and Shutty were in attendance with Cmmr.Neatherlin participating via telephone. • One Open Space application for 2019. Assessor recommends approval and a public hearing will be scheduled when the restrictions are lifted. 10:10 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask and Shutty were in attendance with Cmmr.Neatherlin participating via telephone. • Annual Certification for 2019 to the Country Road Administration Board will be placed on the agenda. • Extend the completion date for Safety Plan Data Collection Project to 12/31/20 with IMS Infrastructure Management Services approved to move forward. • News release regarding the 2020 Herbicide Program. • Eells Hill Transfer Station scale status was provided. The scale needs to be fixed or replaced and options were provided. The Board agreeable to explore the total cost for a new scale installation location to facilitate the separation of commercial and residential customers. The Grizzly loader broke on Friday and staff is looking into repairs. • ER&R transition is being worked on and will be briefed on March 31. • Vacant positions are being filled;request for two temporary Finance lead positions until Finance Manager position is filled was approved;approved to fill Engineer Intern position. • Public Works COVID-19 response is business is being accomplished on-line when possible and have implemented safety procedures with staff. Transfer stations will remain open as long as can be staffed. Worst case scenario would be to close out lying stations and keep Eells Hill station open. • Commissioners requested utility shut off procedures be suspended in the mean time. • Reported that running a hotspot at the Hoodsport Drop Box facility will not work. Commissioner Discussion March Commissioners meetings will be held;no Belfair meeting at end of month;briefings and regular meetings will be live streamed. Meeting adjourned at 11:22 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of March 23,2020 Monday,March 23,2020 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Trask, Shutty and Neatherlin were in attendance along with Tim Whitehead, Nichole Wilston and Risk Pool staff for a potential litigation matter from 9:00 a.m.to 9:30 a.m. 9:30 A.M. Support Services—Frank Pinter Commissioners Trask, Shutty and Neatherlin were in attendance. • Frank provided the latest Attorney General letter providing guidance on COVID-19 expenditures. • Consideration of Pandemic and Public Health Emergency Response and Recovery for County Employees. Frank requested guidance on the following: Closure Pay—equivalent to Paid Administrative Leave. This is regular pay without impact to accrued leave banks;Extra Duty Pay —increase of 5%in regular wages for employees who are called to perform"essential"work during a closure of the County. Review of Pandemic Pay definitions and how these various pays would be tracked which would be using certain pay and project codes. Actual costs that are being incurred due to COVID-19 are being tracked for FEMA reimbursement. Family First payments (federal)would be reimbursed to the County via FICA tax payment reductions. The Commissioners are good with the Closure Pay and Extra Duty Pay in the event the County is closed. Extra Duty Pay is for those essential employees who actually report to duty,not teleworking. If an employee chooses to go home,not a teleworker,County is not closed, employee must use leave accrual. Ross explained the EOC function;he is unsure what a"Shelter in Place"order would mean as far as government function. Frank stated that CA is considering government an essential function and most are offering telework to their essential employees. Only essential employees are required to work. If that is put into place,essential employees need to be identified. Add timeline deadline based on County's Emergency Declaration. Commissioners are supportive of Extra Duty Pay if the employee physically reports to work. Cmmr.Neatherlin would like to allow LWOP if approved by EO or DH. Frank asked if the Board wants to consider implementing an Emergency Sick Leave Pool. Commissioners would determine how the Sick Leave is managed. This will be brought back. • Employee authorization for Telework. Frank identified essential employees for Support Services that includes back up employees. The County has only 50 VPN's to allow telework so usage will need to be managed. Public Defense also identified essential employees for telework. 9:45 A.M. Community Services—Dave Windom Commissioners Trask, Shutty and Neatherlin were in attendance. • Dave reviewed the Mason County Area Command Report. Mason County has a 2"d positive COVID-19 case;98 total tests county-wide. • Anticipating$250K in emergency funding from State Health-request for temporary Public Health Administrative Assistant approved to place on March 24 agenda. May use an existing staff person,if available. • Anticipating Bld 10 for quarantine site—need security person. • Discussion of how to restrict residents from outside of Mason County relocating in the County temporarily. • Cmmr. Shutty requested bi-lingual signage for businesses that includes social distancing. • Discussion of enforcement of social distancing at restaurantsibars that offer to-go food. • Public Health staff are essential employees and have been informed to expect to work. • Building and Planning are functioning on appointments and using telework when necessary. • Ross provided an update on the EOC's operations. Board of Mason County Commissioners' Briefing Meeting Minutes Week of March 23,2020 • Request for the Park's concessionaire to set up in Building 10 parking lot was approved for now and if Building 10 does open as a quarantine location,the concessionaire may have to relocate. There are other possible Mason County owned properties that the concessionaire could move to. 10:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask, Shutty and Neatherlin were in attendance. • Grizzly repair options were reviewed and the Commissioners approved equipment replacement that includes rubber tracks. This is not budgeted and ER&R will purchase and Solid Waste will pay ER&R back. • Public Works Board Loan for the Belfair Sewer. Loretta presented information on this loan that was received mid-October and the County needs to execute within 6 months or lose the offer. The deadline is mid-April. Staff has been reviewing the project scope along with finances. Staff is recommending the County accept the$8M loan and asked Commissioners to put financial controls into place. The loan decision has to be made now;implementing financial controls does not have to be put into place at this time,but the finances will be reviewed. Loretta reviewed the project. REET1 and.09 funding are used for the Belfair Sewer and this project would bring on additional rate payers. Review of area sewer rates and the impact if the rates are increased. Discussion of a utility district and the potential impact. Cmmr.Neatherlin spoke against accepting the loan based on speculation it will bring development. He is very concerned of the potential impact to the rate payers and the Belfair community. Cmmr. Shutty expressed support of accepting loan,understands there is risk but he cannot support status quo. Cmmr.Trask is also supportive of accepting the$8M loan and explained this is basically a line of credit and the entire amount doesn't have to be used. She sees this as building infrastructure that will benefit the entire county. Commissioners Trask and Shutty are concerned that if the loan is not accepted now,it will not be made available at a later day. Cmmr.Neatherlin believes there could be other funding opportunities at a late date,such as a USDA loan or utility district. Cmmr. Shutty stated if this loan is not accepted,he cannot support the Planned EIS. Cmmr.Neatherlin suggested accepting the loan as general county debt. Jennifer Beierle understands this is a general county debt and the Belfair Sewer debt is currently subsidized by.09 and REET 1. Lisa Frazier stated the loan is a general county debt and the county has to identify how it will be paid back. The original intent was to pay with sewer revenue but it has been subsidized and has to be budgeted. The financing needs to be identified and it can be done separately from the loan acceptance. Commissioner Neatherlin stated he is more supportive of the loan if it's general county debt. The Board agreed to strike the rate increase at this time, it will need to be considered at a later date. Remove the Belfair Sewer Action Item#2 from the March 24 agenda. Next steps—Belfair Sewer Action Item#1 on March 24 agenda remains;will come back with refining the financial controls;will continue to explore partnerships;review the debt repayment schedule and identify how many additional ERU's are needed,where will the funding come from; make sure funding is available so that a bridge loan is not needed. • Cmmr. Shutty asked about the status of solid waste flow control. Richard responded that Mason County Garbage is trying to obtain all the resources they need and he believes they will be able to meet the needs. The meeting adjourned at 1:05 p.m. Board of Mason County Commissioners'Briefing Meeting Minutes Week of March 23,2020 Tuesday,March 24,2020 2:00 P.M. Public Works—Loretta Swanson Commissioners Trask and Neatherlin were in attendance. Commissioner Shutty participated via teleconference. • Loretta provided an update on Public Works operations. Loretta has identified certain staff who can work from home. The remaining services will function as normal and meet CDC guidelines for meeting social distances. • Cmmr.Neatherlin stated there has been an increase of people accessing state forest lands and asked if we can sign certain county roads"local traffic only". Cmmr. Shutty agreed to place signage such as reader boards on county roads with the"Stay Home-Stay Healthy"message. Also encourage local businesses to place signage with the"Stay Home-Stay Healthy"message. • Cmmr.Trask requested that County Parks be closed and bathrooms locked. • Public Works staff has discussed alternate schedules,if necessary. • Transfer Stations—Kitsap County closures impact Mason County. Commissioners would like to keep all stations open as long as able and meet social distancing. Loretta stated staff has discussed closing Union and Hoodsport stations,if necessary. Community Services Commissioners Trask and Neatherlin were in attendance. Commissioner Shutty participated via teleconference. • Dave has met with staff and provided signature authority to his Managers. Community Development's plan is to continue work;plan reviews will be done from home with work quotas; field inspectors will call ahead to make sure no one is on site in order to meet social distancing; will do digital inspections when possible;enact a 2 week pause on intake for non-essential permits. On-line permitting is still available. Kell Rowen and Alex Paysee will receive lead pay. Support Services Commissioners Trask and Neatherlin were in attendance. Commissioner Shutty participated via teleconference. • Pandemic Response Policy for tonight's meeting-effective date is March 23 and change order to Stay Home Stay Healthy. Staff request to lock Building 1 front door;Cmmr.Neatherlin does not support;Cmmr.Trask would like to lock the inside door,Cmmr. Shutty agreed to lock the inside door. There will be limited briefings in April. Reminder of CDBG hearing on April 7;April 6 briefing only if necessary. Letter from Treasurer—her office hours are reduced to 9 a.m.to 1 p.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers,411 North Sar Street, Shelton,WA March 24, 2020 1. Call to Order–The Chairperson called the regular meeting to order at 6:03 p.m. 2. Pledge of Allegiance–Loretta Swanson led the flag salute. 3. Roll Call – Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2– Kevin Shutty; Commissioner District 3– Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Darin Holland sent in an application for the Planning Advisory Commission. 4.1.2 Federal Energy Regulatory Commission sent in a letter regarding Cushman Hydroelectric Project #460. 4.1.3 Washington State Liquor and Cannabis Board sent in a Change of Location Application for Larry Cheung. 4.1.4 Thomas Furniss sent in a letter of appreciation for work done by Public Works. 4.2 News Release: County Road Herbicide Notice 5. Open Forum for Citizen Input– None. 6. Adoption of Agenda - Cmmr. Shutty/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes– None 8. Approval of Action Agenda: 8.1 Approval of a Memorandum of Understanding (MOU) between Shelton School District and Mason County Public Health concerning use of facilities during Public Health disasters/emergencies. 8.2 Approval to have the Chair sign the Public Works Board loan agreement(#PC20-96103-157) in the amount of$8,000,000 for the Belfair Sewer Extension Project. and-appFevalato rnpleFaent the fellewing financial controls on 2020 to impreve stabilit— rate e $108.1 - r-• _ "._.. _. _,_ annual. b_..e_.a GFGs a a set_side feF futuFe e_r-'_. ratheF than debt--' expenses. c.— and ability to Fepay loans. d. PFeduee quarterly financial reports noting any ehanges te the February 5, 2020 updated BelfaiF SeweF;System Financial Analysis assumptions and include a report en e. Bremen.REMOVED 8.3 Approval to execute the Annual Certification for Calendar Year 2019; Certification of Expenditures for Traffic Law Enforcement–2019; and Certification for Expenditures for Fish Passage Barrier Removal-2019 to be included in the annual submittal to the County Road Administration Board (CRAB) by the Department of Public Works. 8.4 Approval of Supplemental Agreement No. 2 with Infrastructure Management Services, LLC. To extend the completion date for the Safety Plan Data Collection Project to December 31, 2020. 8.5 Approval of a resolution selecting the Shelton-Mason County Journal as the official county newspaper for publishing certain legal publications. (Ex.A–Res. 2020-31) BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS March 24, 2020- PAGE 2 8.6 Approval to cancel the public hearing scheduled on Tuesday, April 7, 2020 at 9:15 a.m. to consider approving the franchise agreement applications between Mason County and the following: • Aquarius Utilities, LLC • Island Shores Water, LLC • Detroit Water Service Association • Oak Park Water Company, LLC 8.7 Approval of the January 2020- December 2022 Collective Bargaining Agreement(CBA)for Woodworkers Local Lodge W38 IAM representing Mason county Deputy Prosecutors. 8.8 Approval to allow Mason County Noxious Weed Control Board to enter into a Professional Services Contract Agreement with Hood Canal Coordinating Council's In-Liew Fee Mitigation Program, and approval to have the Chair sign the agreement. 8.g Approval of the Pandemic and Public Health Emergency Response and Recovery for County Employees Policy. 8.1OApproval for Public Health to hire one temporary Full Time Employee(FTE). 8.11 Approval to authorize Public Works to go out to bid and purchase a new excavator for the Solid Waste Division, 8.12 Approval of the Resolution adding a chapter to the Mason County Code Title 2 Administration and Personnel adopting the Mason County Pandemic and Public Health Emergency Response and Recovery for County Employees Policies and Procedures and declare a partial County Closure effective March 23, 2020 pursuant to Proclamation 20-25 STA Y HOME-STA Y HEAL THY adopted by the Governor of Washington State. (Ex. B- Res. 2020-30) Cmmr. Neatherlin voiced his concern with item 8.2. He said he would support the item, but was worried in taking on more debt. Cmmr. Shutty/Neatherlin moved and seconded to approve action items 8.1 through 8.12. Motion carried unanimously. N-aye; S-aye;T-aye. Cmmr. Neatherlin voiced his concern with item 8.2. He said he would support the item, but was worried in taking on more debt. 9. Other Business (Department Heads and Elected Officials) 9.1 Jennifer Beierle announced the upcoming CDBG hearing on April 7th, and said in light of current social restrictions, public comment is welcome via phone (360-427-9670 ext. 644 OR ext. 419) or via email at kburgh(a co.mason.wa.us or mdrewry(&co.mason.wa.us 10. 9:15 a.m. Public Hearings and Items set for a certain time 10.1 Public Hearing to consider the approval of budget supplemental appropriations and amendments to the 2020 budget. Continued from March 17, 2020. Staff: Jennifer Beierle Budget Manager,Jennifer Beierle said total adjustments to authorized expenditure appropriations in the General Fund is $274,162 while total adjustments to authorized expenditure appropriations other than the General Fund is $976,823. No public comments were received. Cmmr. Neatherlin/Shutty moved and seconded to approve of budget supplemental appropriations and amendments to the 2020 budget. Motion carried unanimously. N- aye; S-aye;T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS March 24, 2020 - PAGE 3 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 6:20 p.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers,411 North St'Street,Shelton,WA April 7, 2020 1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance— Dave Windom led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3—Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in a Marijuana Processor License Application for Anon Extractors LLC and OGZ Fire Weed LLC. 4.1.2. Joseph Myers sent in an application for the Planning Advisory Commission. 4.1.3 Federal Emergency Management Agency sent in a letter re: The Flood Insurance Study Report and Flood Rate Map. 4.1.4 Washington State Liquor and Cannabis Board sent in a Liquor Application for Added Privilege on the behalf of Lennard K's Boathouse, Allyn; and Eagle Creek Saloon, Lilliwaup 5. Open Forum for Citizen Input- No public due to COVID-19 6. Adoption of Agenda - Cmmr. Shutty/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes—March 17, 2020 Regular Meeting Minutes. Cmmr. Neatherlin/Shutty moved and seconded to adopt the March 17, 2020 minutes as published. Motion carried unanimously. N-aye; S-aye;T-aye. 8. Approval of Action Agenda: 8.1 Approval to pay Jessica Koehn and Dawnell Arndt Lead Pay from March 9, 2020 to May 8, 2020 for performing duties of a higher classification. 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8071037-8071307 $ 995,685.39 Direct Deposit Fund Warrant #s 66858-67246 $ 715,777.35 Salary Clearing Fund Warrant#s 7005075-7005098 $ 500,027.10 8.3 Approval to authorize the Deputy Director of Utilities and Waste Management to sign a one-year contract extension, with amendments, for the sludge hauling agreement with AAA Septic Tank Pumping and Portable Restroom Rentals, LLC. There is no cost increase to this extension. 8.4 Approval of the Mason County Telework Authorized Essential Employees for Community Development, Public Defense, Public Works/Utilities and Waste Management and Support Services for the COVID-19 emergency. 8.5 Approval of the Mason County Disaster Declaration for COVID-19, which will expire 90 days after adoption with the option to extend per authorization from the Board. (Ex.A—Res. 2020-32) 8.6 Approval to allow the Planning Department to negotiate a contract with BERK Consulting for the preparation of a Planned Action EIS for the Belfair Urban Growth Area. 8.7 Approval to pay Kell Rowan and Alex Paysse at Salary Range 46, step 0, effective March 16, 2020 for working in a higher class due to the absence of the Director of Community Service because of COVID-19 assignment. This special pay shall be removed when the Director of Community Services is no longer working at Emergency Management. (ApFil 4,2928) 8.8 Approval of amendment #2 to contract CL:2019-2021.3 in response to the Washington State COVID-19 Emergency. Total award is$36,235$49,235 for emergency housing. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS April 7, 2020 - PAGE 2 8.9 This position will be a volunteer position. 8.10 Approval for the Chair to sign a letter of support to the US Army Corps of Engineers regarding the Columbia River System Operators Draft Environmental Impact Statement(EIS). This is at the request of PUD3 and has a due date of April 9, 2020. Cmmr. Neatherlin/Shutty moved and seconded to approve action items 8.1 through 8.10. Motion carried unanimously. N-aye; S-aye;T-aye. 9. Other Business (Department Heads and Elected Officials) 9.1 Announcement from Public Works regarding a speed reduction on Hulbert Road West due to the WSDOT culvert project. 9.2 Dave Windom spoke about the Emergency Response Team in the wake of COVID-19. 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to inform citizens of the availability of funds and eligible uses of the 2020 Public Services Community Development Block Grant(PS-CDBG), and receive comments on the proposed activities, specifically, funding to the Community Action Council of Lewis, Mason & Thurston counties as well as receiving comments on the 2019 program. Staff: Jennifer Beierle Jennifer Beierle said 2019 funding was used to assist 6,000 individuals. The 2020 allotment(July 2020-July 2021) is $102,225 of which $3,500 will be used to offset administration costs. The Community Action Council is currently closed to the public due to COVID-19, but can still be contacted via email, or phone. More contact information is available at www.cacimt.orci. Cmmr. Shutty asked if there is an administration services cost cap. Jennifer said the cap is $3,500. No public comment was received in any form for this hearing. Cmmr. Neatherlin/Shutty moved and seconded to approve the submission of the CDBG application, sign the resolution authorizing the submission,certify the counties compliance with the CDBG,and authorize Frank Pinter,Support Services Director,to act as the Chief Administrative Official for the CDBG program. Motion carried unanimously. N-aye; S-aye;.T-aye. (Ex. B—Res. 2020-33) 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:41 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS April 7, 2020 - PAGE 3 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS SPECIAL EMERGENCY MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 2:30 p.m., Friday, March 13, 2020 1. Call to Order—The Chairperson called the special meeting to order at 2:32 p.m. 2. Roll Call Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 — Kevin Shutty; Commissioner District 3 —Sharon Trask. 3. Actions to Consider- Adoption of an Emergency Declaration regarding COVID-19. Cmmr. Shutty read the declaration aloud to those present. Cmmr. Neatherlin/Shutty moved and seconded to approve the emergency declaration as presented. Motion carried unanimously. N-aye; S-aye; T- aye. (Ex.A—Res. 2020-27) 4. Adjourn- The meeting adjourned at 2:37 p.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Support Services Action Agenda x Public Hearing Other DATE: April 21, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: April 13, 2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval of an Amendment in the Scope of Work in the CDBG Microenterprise Grant Funding to acknowledge the use of the originally proposed loan funding to grant funding with 100% forgivable loans. Background: The Department of Commerce has offered the Scope of Work for the CDBG Microenterprise Grant to allow all lending functions to be 100% forgivable loans for those Mason County business that are facing financial impacts due to the COVID-19 pandemic. The changes require a creation of an application review committee to be staffed by the North and South Chapter of the Mason County Chamber of Commerce, Jim Morrell, President/CEO of Peninsula Credit Union, the Mason County EDC and a Mason County Commissioner. Budget Impacts: No budget impact. Recommended Action: Approval of the amended Scope of Work for the CDBG Microenterprise Grant. Attachment(s): Amended Scope of Work COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY AND ENTERPRISE FOR EQUITY FORGIVABLE LOAN SUB-RECIPIENT AGREEMENT This Agreement is made between Mason County, Washington (herein called the County) and Enterprise for Equity (herein called Subrecipient) for the Building Connections — Strengthening Businesses/Forgivable Loans in Mason County Project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the County has applied for and received a CDBG award, contract number 18-62210-039 (CFDA 14.228), to fund the Project with Federal Award Identification Number B- 18-DC-53-0001; and As it benefits the County to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. County Responsibilities The County is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The County will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The County is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute grant contract with Commerce. • Verify the subrecipient does not have an active exclusion record in the federal award system (SAM.gov), include documentation in the CDBG file, and submit a copy to Commerce. • Establish subrecipient agreements with WSU and Enterprise for Equity, that includes the annual beneficiary reporting requirement and submit signed copies to Commerce. • Establish administrative, financial, reporting, and record keeping systems. Page 1 of 22 • Review subrecipient and contractor reimbursement requests for project costs and invoices against project budget and contract start date. • Once costs are approved, prepare and submit payment request and progress status report to Commerce. • Document receipt of grant funds and reimbursement of eligible costs. • Submit CDBG Beneficiary Report within 30 days of end of each calendar year. • Complete applicable civil rights requirements. • Conduct an on-site monitoring of the subrecipients to verify the grant is used according to CDBG requirements and all costs reimbursed are allowable. • Resolve all monitoring issues with CDBG. • Grant activities are accomplished. • Complete evaluation and conduct a final public hearing to review project performance. • Submit a CDBG Contract Closeout Report. • List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an audit with the State Auditor's Office to meet the Uniform Guidance (2 CFR Part 200). • Advertise for professional services; outreach to MWBE and encourage Section 3 local businesses. • Select and verify contractors do not have an active exclusion record in the federal award system (SAM.gov), include documentation in the CDBG file, and submit copies to Commerce. • Contract for services. Include required federal provisions. • Complete the environmental review and prepare environmental review record in compliance with National Historic Preservation Act (NEPA) requirements for CDBG. • Provide county representative on loan committee B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the County the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the County to review the status of these tasks. Principal Tasks • Receive CDBG release of funds. • Develop and establish CDBG microenterprise assistance program's policies and procedures incorporating CDBG income qualification and beneficiary reporting requirements. • Conduct outreach and market the microenterprise assistance programs in response to the COVID-19 crisis. Page 2 of 22 • Review and process applications for forgivable microloan assistance; confirm CDBG eligibility. • Approve forgivable microloan contracts. • Execute forgivable microloans to approved CDBG eligible microenterprises. • Monitor program progress, contractor performance, and compliance with applicable federal and state regulations. • Develop and establish financial management systems for tracking microenterprise assistance, training and grant recipts. • Meet the CDBG national objective of principally benefiting low- and moderate- income persons. • Accomplish HUD's outcome of increasing the availability/accessibility of microenterprise technical and financial assistance to create economic opportunities. • Convene a forgivable loan application review committee of five members to include: one Mason County Commissioner, one representative from North Mason Chamber of Commerce, one representative from Shelton-Mason Chamber of Commerce, one representative from Economic Development of Mason County and one representative from Peninsula Credit Union. • Develop criteria and guidelines for forgivable microloan recipient selection —to be approved by the application review committee. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Enterprise for Equity Name of Representative: Lisa Smith, Executive Director Mailing Address: PO Box 1291 City, State and Zip Code: Olympia, WA 98507 Telephone Number: 360 704 3375 Fax: N/A E-mail Address: lisa@enterpriseforequity.org UBI#: 602009575 Page 3 of 22 B. County : Mason County, Washington Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360 427 9670 x644 Fax Number: 360 427 8437 E-mail Address: kbergh(cD-co.mason.wa.us 4. BUDGET The County will pass through to the Subrecipient no more than $90,000 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount Direct Forgivable Loans $85,000 Administration of Loan Program $ 5,000 Indirect Cost Rate: % Federally Approved Indirect Rate, or 10% 10% de minimis de minimis rate, or fill out "N/A" declining to charge indirect Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the County as consistent with its CDBG contract with Commerce and then approved in writing by the County and the Subrecipient. 5. PAYMENT The County shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. Page 4 of 22 It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The County will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUBRECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to SUBRECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUBRECIPIENT to termination or damages, provided that the COUNTY promptly gives notice in writing to the SUBRECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the SUBRECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the SUBRECIPIENT acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUBRECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUBRECIPIENT. In the event the SUBRECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUBRECIPIENT by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: SUBRECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as Page 5 of 22 determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUBRECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and SUBRECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUBRECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. Work Product-SUBRECIPIENT will provide COUNTY with all work product including; plans, data, maps, as-builds, and reports prior to the release of the final payment for services E. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. SUBRECIPIENT represents and warrants that it will, for at least the duration of this AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUBRECIPIENT agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. SUBRECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUBRECIPIENT understands and agrees that any breach of these warranties may subject SUBRECIPIENT to the following: (a) termination of this AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUBRECIPIENT would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit." SUBRECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUBRECIPIENT and COUNTY, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of COUNTY at the earliest Page 6 of 22 possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: SUBRECIPIENT shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or COUNTY, or (2) the happening of any event or occurrence, unless SUBRECIPIENT has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which SUBRECIPIENT believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. SUBRECIPIENT shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: SUBRECIPIENT shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, SUBRECIPIENT has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the Page 7 of 22 arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: SUBRECIPIENT will not communicate directly with COMMERCE concerning this PROJECT without COUNTY's prior approval. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the County from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding Page 8 of 22 The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the County. The Subrecipient shall furnish the County with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the County. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The County or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the County's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the County or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the County may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the County of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the County or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the County Page 9 of 22 determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the County may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged-on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. Page 10 of 22 2. Access to Records and Retention The grantee, the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the County's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the County will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the County, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the County may require, will furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: Page 11 of 22 1. The Subrecipient will transfer to the County any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the County is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the County an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the County. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the County for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the County. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Page 12 of 22 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct Page 13 of 22 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the County thereto; provided, however, that claims for money due or to become due to the Subrecipient from the County under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the County and Commerce. 2. Conflict of Interest No member of the County's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. D. Copyright If this Agreement results in any copyrightable material or inventions, the County and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 11. SEVERABILITY Page 14 of 22 If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The County's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the County to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the County and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-work Exhibit B Budget Exhibit C Insurance Requirements Exhibit D Certificate of Insurance Exhibit E Sample Forms and Instructions IN WITNESS WHEREOF, the County and the Subrecipient have executed this Agreement as of the date and year last written below. MASON COUNTY, WASHINGTON ENTERPRISE FOR EQUITY By: By: Sharon Trask, Chair Lisa Smith, Executive Director Date: Date: Approved As To Form: Tim Whitehead, Chief DPA Page 15 of 22 EXHIBIT A SCOPE-OF -WORK Enterprise for Equity "SUBRECIPIENT"will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, the accompanying SUBRECIPIENT Agreement that details all PROJECT requirements, Washington Department of Commerce's (COMMERCE) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is SUBRECIPIENT's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUBRECIPIENT will: 1. Review and update SUBRECIPIENT's current loan program policies and procedures to ensure they are compliant with CDBG loan program requirements. Loan applications that are not approved by SUBRECIPIENT's Loan Committee must be forwarded to COUNTY with a justification for the rejection. COUNTY reserves the right to appeal decision. COUNTY reserves the right to review and approve any or all loans provided through the PROJECT. 2. Provide loan funds up to $10,000 for eligible program participants per SUBRECIPIENT's policies/procedures as well as COUNTY, COMMERCE, other local and state and federal laws, rules and regulations. 3. Expense Detail, Voucher Requests and Reports: A. Provide a detailed list of expenses being billed by budget expense category with expense category sub-totals as well as an invoice total. Signed and certified timesheets must be provided for all staff hours billed to the grant. Back-up documentation must be provided for all expenses in the form of copies of receipts, mileage logs, contracted service provider invoices or other as appropriate. B. Formulate and submit a Washington State Voucher Distribution request (form A19) to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. Monthly requests will be allowed and will be due no later than the 15th of the following month. Submission to include one digital copy in WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e- mailed or sent by U. S. mail or hand delivery. COUNTY will be responsible for submitting completed requests to COMMERCE. See" Exhibit E Sample Forms and Instructions." C. Report program income as required by COUNTY's Program Income Re-use Plan and CDBG requirements including the completion and submission of the CDBG Program Income Form. See Exhibit E Sample Forms and Instructions. D. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. COUNTY will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions. Submit to: Mason County/Attn: Kelly Bergh 411 N. 5th Street Shelton, WA 98584 kbergh(d_)co.mason.wa.us Page 16 of 22 4.Convene a forgivable loan application review committee of five members to include: one Mason County Commissioner, one representative from North Mason Chamber of Commerce, one representative from Shelton-Mason Chamber of Commerce, one representative from Economic Development of Mason County and one representative from Peninsula Credit Union. 5. Develop criteria and guidelines for forgivable microloan recipient selection —to be approved by the application review committee. 6.Process and qualify eligible participants for microenterprise loans of up to $10,000 per SUBRECIPIENT's policies and procedures as well as COUNTY, Commerce, other local and state and federal laws, rules and regulations. Loan funds to be provided under a separate SUBRECIPIENT agreement. This forgivable microloan program is for start-up, expanding or existing small business to assist in managing and the recovery of COVID-19 impacts. 7. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 8. Participate and support on-site compliance reviews conducted by COUNTY per CDBG requirements. 9. Assist COUNTY with all aspects of program administration and requirements including grant close- out process as requested. 10. Ensure that program performance measures are met of 10-15 microenterprise loans (up to $10,000/loan) to microenterprises owned by LMI persons, all based on a household income qualification process and responding to the COVID-19 crisis. 11. Ensure that all documents and/or media includes the required CDBG civil rights language. Page 17 of 22 EXHIBIT B Budget 1. The approved project budget for the SUBRECIPIENT of$90,000 allows for the provision of$85,000 for direct forgivable loans (up to $10,000/loan) and $5,000 for the administration costs of the loan program as approved . 2. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, Washington Department of Commerce's CDBG Management Handbook and other guides as well as applicable Mason County's policies and procedures. Page 18 of 22 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUBRECIPIENT or SUBRECIPIENT's employees will use personal autos in any way on this PROJECT, SUBRECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of SUBRECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUBRECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUBRECIPIENT also agrees to require all SUBRECIPIENT s, subcontractors, and anyone else involved in this AGREEMENT on behalf of the SUBRECIPIENT (hereinafter"indemnifying PARTIES") to comply with these provisions. B. SUBRECIPIENT agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUBRECIPIENT or required of others by SUBRECIPIENT pursuant to this AGREEMENT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. SUBRECIPIENT shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. Page 19 of 22 E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this AGREEMENT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by SUBRECIPIENT or deducted from sums due SUBRECIPIENT. F. It is acknowledged by the PARTIES of this AGREEMENT that all insurance coverage required to be provided by SUBRECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. G. SUBRECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If SUBRECIPIENT's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with SUBRECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUBRECIPIENT will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this AGREEMENT. This obligation applies whether or not the AGREEMENT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. Page 20 of 22 EXHIBIT D CERTIFICATE OF INSURANCE Certificate Placeholder Page 21 of 22 EXHIBIT E SAMPLE FORMS AND INSTRUCTIONS Page 22 of 22 a4wM do, 1 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY AND DIVISION OF GOVERNMENTAL STUDIES & SERVICES, WASHINTON STATE UNIVERSITY EXTENSION This Agreement is made between Mason County, Washington (herein called the County) and the Division of Governmental Studies & Services, Washington State University Extension (herein called Subrecipient) for the Building Connections — Strengthening Businesses in Mason County Project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the County has applied for and received a CDBG award, contract number 18-62210-039 (CFDA 14.288), to fund the Project with Federal Award Identification Number B-18-DC-53- 0001; and As it benefits the County to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. County Responsibilities The County is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The County will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The County is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute grant contract with Commerce. • Verify the subrecipient does not have an active exclusion record in the federal award system (SAM.gov), include documentation in the CDBG file, and submit a copy to Commerce. • Establish subrecipient agreements with WSU and Enterprise for.Equity, that includes the annual beneficiary reporting requirement and submit signed copies to Commerce. Page 1 of 17 • Advertise for professional services; outreach to MWBE and encourage Section 3 local businesses. • Select and verify contractors do not have an active exclusion record in the federal award system (SAM.gov), include documentation in the CDBG file, and submit copies to Commerce. • Contract for services. Include required federal provisions. • Complete the environmental review and prepare environmental review record in compliance with National Historic Preservation Act (NEPA) requirements for CDBG. • Monitor program progress, contractor performance, and compliance with applicable federal and state regulations • Establish administrative, financial, reporting, and record keeping systems. • Review subrecipient and contractor reimbursement requests for project costs and invoices against project budget and contract start date. • Once costs are approved, prepare and submit payment request and progress status report to Commerce. • Document receipt of grant funds and reimbursement of eligible costs. • Submit CDBG Beneficiary Report within 30 days of end of each calendar year. • Complete applicable civil rights requirements. • Conduct an on-site monitoring of the subrecipients to verify the grant is used according to CDBG requirements and all costs reimbursed are allowable. • Resolve all monitoring issues with CDBG. • Grant activities are accomplished. • Complete evaluation and conduct a final public hearing to review project performance. • Submit a CDBG Contract Closeout Report. • List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an audit with the State Auditor's Office to meet the Uniform Guidance (2 CFR Part 200). B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner in collaboration with the County the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the County to review the status of these tasks. Principal Tasks • Complete evaluation and participate in a final public hearing with County staff to review project performance • Provide administrative and other support services as requested by County • Provide specialized training for participants as required based on identified needs through Community Intelligence Lab Page 2 of 17 • Conduct program evaluation(s) using data from Beneficiary reports prepared by Enterprise for Equity and Project Status Reports prepared by partners • Formulate and submit required reports and payment requests to County in an accurate and timely manner 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. Contract end date is March 31, 2022. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Division of Governmental Studies & Services, Washington State University Extension. Name of Representative: Christina Sanders, Director Mailing Address: 303 N 4th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 509 335 4811 Fax: 360 427 7264 E-mail Address: crosanders@wsu.edu UBI#: 385000328 B. County : Mason County, Washington Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360 427 9670 x644 Fax Number: 360 427 8437 E-mail Address: kbergh@co.mason.wa.us 4. BUDGET The County will pass through to the Subrecipient no more than $10,000 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount Project Evaluation (data collection and outcomes report) $9,500 Community Intelligence Lab $500 Indirect Cost Rate: 26% Federally Approved Indirect Rate, or 10% 26% de minimis rate, or fill out "N/A" declining to charge indirect Page 3 of 17 Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the County as consistent with its CDBG contract with Commerce and then approved in writing by the County and the Subrecipient. 5. PAYMENT The County shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The County will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to SUB- RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB- RECIPIENT to termination or damages, provided that the COUNTY promptly gives notice in writing to the SUB-RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A Page 4 of 17 determination of the Administrative Officer set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the SUB-RECIPIENT acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUB-RECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. Work Product-SUB-RECIPIENT will provide COUNTY with all work product including; plans, data, maps, as-builds, and reports prior to the release of the final payment for services E. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. SUB- RECIPIENT represents and warrants that it will, for at least the duration of this AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Page 5 of 17 Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a) termination of this AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit." SUB- RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.qov F. Disputes: Differences between SUB-RECIPIENT and COUNTY, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: SUB-RECIPIENT shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or COUNTY, or (2) the happening of any event or occurrence, unless SUB-RECIPIENT has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which SUB-RECIPIENT believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. SUB-RECIPIENT shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: SUB-RECIPIENT shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, SUB-RECIPIENT has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one Page 6 of 17 arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: SUB-RECIPIENT will not communicate directly with COMMERCE concerning this PROJECT without first notifying the COUNTY. L. Indirect Cost Rate: SUB-RECIPIENT's negotiated indirect cost rate, which expired 6/30/19 is 26%. SUB- RECIPIENT must notify COUNTY if approved rate changes. A copy of the adjusted rate agreement will be required. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between Page 7 of 17 the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the County from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding Self— Insurance. It is agreed and acknowledged that the Contractor is a fully self- insured entity of the state of Washington pursuant to the Risk Management Act, found in the Revised Code of Washington (RCW) 43.19.760—.781; and as such, satisfies the above requirements with said self-insurance. Further, it is understood and agreed that as a self-insured governmental entity, the Contractor cannot provide the COUNTY additional insured status. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The County or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the County's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the County or Subrecipient from its obligations under this Agreement. 1. Suspension or Termination In accordance with 2 CFR 200.338-9, the County may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; Page 8 of 17 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the County of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the County or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the County determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the County may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accountinq Standards The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; Page 9 of 17 f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the County's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the County will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the County, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the County may require, will furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and Page 10 of 17 obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will transfer to the County any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the County is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the County an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the County. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the County for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the County. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Page 11 of 17 Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let Page 12 of 17 any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the County thereto; provided, however, that claims for money due or to become due to the Subrecipient from the County under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the County and Commerce. 2. Conflict of Interest No member of the County's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regardinq Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. Page 13 of 17 D. Copyright If this Agreement results in any copyrightable material or inventions, the County and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. 11. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The County's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the County to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the County and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-Work Exhibit B Budget Exhibit C Sample Forms and Instructions IN WITNESS WHEREOF, the County and the Subrecipient have executed this Agreement as of the date and year last written below. WASHINGTON STATE UNIVERSITY MASON COUNTY,WASHINGTON MASON COUNTY EXTENSION DIVISION OF GOVERNMENTAL STUDIES & SERVICES By: By: Sharon Trask, Chair Dan Nordquist, Deputy Vice President Date: Date: Approved As To Form: Tim Whitehead, Chief DPA Page 14 of 17 EXHIBIT A SCOPE-OF -WORK Washington State University Mason County Extension, Division of Governmental Studies & Services called "SUB-RECIPIENT"will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (COMMERCE) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is the SUB-RECIPIENT's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Provide specialized technical assistance to participants as required based on identified need through Community Intelligence Lab. 2. Conduct a comprehensive PROJECT evaluation with follow-up evaluations as deemed necessary to maintain compliance. Evaluation to include conducting final public hearing with County staff to review project performance. 3. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 4. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to County on a quarterly basis due September 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be provided for all staff hours billed to the grant. County will be responsible for submitting completed requests to COMMERCE. See" Exhibit E Sample Forms and Instructions." B. Formulate Program Evaluation from CDBG Quarterly Beneficiary Reporting Form submitted by E4E and CDBG Project Status Reports submitted by partners to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. COUNTY will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions. Submit to: Mason County/Attn: Kelly Bergh 411 N. 5th Street Shelton, WA 98584 Kbergh@co.mason.wa.us 5. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 6. Participate and support on-site compliance reviews conducted by COUNTY per CDBG requirements. 7. Assist COUNTY with all aspects of program administration and requirements including grant close- out process as requested. Page 15 of 17 EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of$10,000 allows for reimbursement requests for staff salaries and benefits and allowed indirect costs calculated at SUB-RECIPIEN's' approved rate. SUB-RECIPIENT cannot use Community Development Block Grant (CDBG)funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies, other and/or indirect expenses. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Copies of signed timesheets must be submitted with each Washington State Voucher Distribution request. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, Washington Department of Commerce's (COMMERCE) CDBG Management Handbook and other guides as well as applicable Mason County's (COUNTY) policies and procedures. Washington State University Mason County Extension, Division of Governmental Studies &Services Microenterprise CDBG Grant Budget Personnel $5,587 Fringe Benefits $1,850 Travel $0 Equipment $0 Supplies $0 Contractual $0 Construction $0 Other—Intelligence Lab $500 Total Direct $7,937 Indirect $2,063 Totall $10,000 Page 16 of 17 EXHIBIT C Sample Forms and Instructions Page 17 of 17 1 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY and ENTERPRISE FOR EQUITY This Agreement is made between Mason County, Washington (herein called the County) and Enterprise for Equity (herein called Subrecipient) for the Building Connections — Strengthening Businesses in Mason County Project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the County has applied for and received a CDBG award, contract number 18-62210-039 (CFDA 14.228), to fund the Project with Federal Award Identification Number B-18-DC-53- 0001; and As it benefits the County to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. County Responsibilities The County is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The County will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. Principal Tasks • Execute grant contract with Commerce. • Verify the subrecipient does not have an active exclusion record in the federal award system (SAM.gov), include documentation in the CDBG file, and submit a copy to Commerce. • Establish subrecipient agreements with WSU and Enterprise for Equity, that includes the annual beneficiary reporting requirement and submit signed copies to Commerce. • Establish administrative, financial, reporting, and record keeping systems. • Review subrecipient and contractor reimbursement requests for project costs and invoices against project budget and contract start date. • Once costs are approved, prepare and submit payment request and progress status report to Commerce. • Document receipt of grant funds and reimbursement of eligible costs. • Submit CDBG Beneficiary Report within 30 days of end of each calendar year. 1 of 22 2 • Complete applicable civil rights requirements. • Conduct an on-site monitoring of the subrecipients to verify the grant is used according to CDBG requirements and all costs reimbursed are allowable. • Resolve all monitoring issues with CDBG. • Grant activities are accomplished. • Complete evaluation and conduct a final public hearing to review project performance. • Submit a CDBG Contract Closeout Report. • List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an audit with the State Auditor's Office to meet the Uniform Guidance (2 CFR Part 200). • Advertise for professional services; outreach to MWBE and encourage Section 3 local businesses. • Select and verify contractors do not have an active exclusion record in the federal award system (SAM.gov), include documentation in the CDBG file, and submit copies to Commerce. • Contract for services. Include required federal provisions. • Complete the environmental review and prepare environmental review record in compliance with National Historic Preservation Act (NEPA) requirements for CDBG. B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the County the following "Exhibit A Scope-of-Work" tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the County to review the status of these tasks. Principal Tasks • Receive CDBG release of funds. • Develop and establish CDBG microenterprise assistance program's policies and procedures incorporating CDBG income qualification and beneficiary reporting requirements. • Conduct outreach and market the microenterprise assistance programs. • Develop and establish financial management systems for tracking microenterprise assistance, training, grant receipts,.and repayments for microenterprise assistance. • Provide microenterprise training and technical assistance. • Monitor program progress, contractor performance, and compliance with applicable federal and state regulations. • Meet the CDBG national objective of principally benefiting low- and moderate- income persons. 2 of 22 3 • Accomplish HUD's outcome of increasing the availability/accessibility of microenterprise technical and financial assistance to create economic opportunities. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. Contract end date is March 31, 2022. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Enterprise for Equity Name of Representative: Lisa Smith, Executive Director Mailing Address: PO Box 1291 City, State and Zip Code: Olympia, WA 98507 Telephone Number: 360-704-3375 Fax: N/A E-mail Address: lisa@enterpriseforequity.org UBI#: 602009575 B. County : Mason County Name of Representative: Kelly Bergh, Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360-427-9670x644 Fax Number: 360-427-8437 E-mail Address: kbergh@co.mason.wa.us 4. BUDGET The County will pass through to the Subrecipient no more than $75,000 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount Administer Program/ Deliver Training $75,000 Indirect Cost Rate: % Federally Approved Indirect Rate, or 10% 10% de minimis de minimis rate, or fill out "N/A" declining to charge indirect rate Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 3 of 22 4 "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The County will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUBRECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to SUBRECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUBRECIPIENT to termination or damages, provided that the COUNTY promptly gives notice in writing to the SUBRECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the SUBRECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the SUBRECIPIENT acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. 4 of 22 5 The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUBRECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUBRECIPIENT. In the event the SUBRECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUBRECIPIENT by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: SUBRECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUBRECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and SUBRECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUBRECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. Work Product-SUBRECIPIENT will provide COUNTY with all work product including; plans, data, maps, as-builds, and reports prior to the release of the final payment for services. E. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. SUBRECIPIENT represents and warrants that it will, for at least the duration of this AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify 5 of 22 6 Program. SUBRECIPIENT agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. SUBRECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUBRECIPIENT understands and agrees that any breach of these warranties may subject SUBRECIPIENT to the following: (a) termination of this AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUBRECIPIENT would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit." SUBRECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUBRECIPIENT and COUNTY, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: SUBRECIPIENT shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or COUNTY, or (2) the happening of any event or occurrence, unless SUBRECIPIENT has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which SUBRECIPIENT believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. SUBRECIPIENT shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: SUBRECIPIENT shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, SUBRECIPIENT has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American 6 of 22 7 Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: SUBRECIPIENT will not communicate directly with COMMERCE concerning this PROJECT without COUNTY'S prior approval. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County will 7 of 22 8 be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the County from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the County as detailed in "Exhibit C Insurance Requirements." The Subrecipient shall furnish the County with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the County. G. Fundinq Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The County or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the County's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the County or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the County may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 8 of 22 9 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the County of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the County or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the County determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the County may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accountinq Standards The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; 9 of 22 10 e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the County's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the County will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the County, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 10 of 22 11 2. Periodic Reports The Subrecipient, at such times and in such forms as the County may require, will furnish the County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will transfer to the County any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the County is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the County an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the County. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the County for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the County. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 11 of 22 12 Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let 12 of 22 13 any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the County thereto; provided, however, that claims for money due or to become due to the Subrecipient from the County under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the County and Commerce. 2. Conflict of Interest No member of the County's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. 13 of 22 14 D. Copyright If this Agreement results in any copyrightable material or inventions, the County and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or prose lytization. 11. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The County's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the County to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the County and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-Work Exhibit B Budget Exhibit C Insurance Requirements Exhibit D Certificate of Insurance Exhibit E Sample Forms and Instructions IN WITNESS WHEREOF, the County and the Subrecipient have executed this Agreement as of the date and year last written below. MASON COUNTY, WASHINGTON ENTERPRISE FOR EQUITY By: By: Sharon Trask, Chair Lisa Smith, Executive Director Date: Date: Approved As To Form: Tim Whitehead, Chief DPA 14 of 22 15 EXHIBIT A SCOPE-OF-WORK Enterprise for Equity (SUBRECIPIENT) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (COMMERCE) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is SUBRECIPIENT's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUBRECIPIENT will: 1. Conduct outreach, public Information Sessions and screening/enrolling participants per CDBG eligibility requirements. SUBRECIPIENT must ensure effective outreach and recruitment for participants who are or will be minority and/or women owned microenterprises. 2. Coordinate efforts with PROJECT's contracted outreach and technical assistance provider(s). Provide direction, refer one-on-one consultation support service for participants, coordinate provision of technical assistance and other efforts as requested by COUNTY. 3. Provide COUNTY with the most recently submitted IRS form 990 within 30 days of the start of this AGREEMENT. 4. Develop and implement procurement policies and procedures that are compliant with 2 CFR Part 200 sections 317-326 prior to May 1, 2020. SUBRECIPIENT must provide a copy to COUNTY. 5. Develop a tool to track PROJECT data for reporting and program development purposes. 6. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUBRECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 7. Expense Detail, Voucher Requests and Reports: A. Provide a detailed list of expenses being billed by budget expense category with expense category sub-totals as well as an invoice total. Signed and certified timesheets must be provided for all staff hours billed to the grant. Back-up documentation must be provided for all expenses in the form of copies of receipts, mileage logs, contracted service provider invoices or other as appropriate. B. Formulate and submit a Washington State Voucher Distribution request (form A19) to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. Monthly requests will be allowed and will be due no later than the 15th of the following month. Submission to include one digital copy in WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e- mailed or sent by U. S. mail or hand delivery. COUNTY will be responsible for submitting completed requests to COMMERCE. See" Exhibit E Sample Forms and Instructions." C. Report program income as required by COUNTY's Program Income Re-use Plan and CDBG requirements including the completion and submission of the CDBG Program Income Form. See Exhibit E Sample Forms and Instructions. 15 of 22 16 D. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. COUNTY will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions. Submit to: Kelly Bergh Mason County 411 N. 5th Street Shelton, WA 98584 Kbergh@co.mason.wa.us 8. Ensure that all outreach, education, training curricula and other documents and/or media includes the required CDBG civil rights language. 9. Provide copies of all outreach, education, training curricula and participant sign-in sheets to COUNTY. 10. Ensure that PROGRAM performance measures are met including providing 100 individuals with microenterprise services, with at least 51% at low- and moderate-incomes (LMI). These services include: In-depth Information Sessions where business strategies and resources are discussed, Business Readiness Workshops and Business Planning Programs. Targeted Technical Assistance for up to 20 potential or existing businesses primarily owned by LMI persons. 11. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 12. Participate and support on-site compliance reviews conducted by COUNTY per CDBG requirements. 13. Assist COUNTY with all aspects of program administration and requirements including grant close- out process as requested. 16 of 22 17 EXHIBIT B Budget 1. The approved project budget for SUBRECIPIENT of$75,000 allows for reimbursement requests for staff salaries and benefits, supplies, contracted trainers, local mileage, printing, facility rental and a 10% de minimum indirect cost rate. SUBRECIPIENT cannot use Community Development Block Grant (CDBG) funds from this AGREEMENT for any expenses not detailed on the budget without prior approval. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Copies of signed timesheets must be submitted with each Washington State Voucher Distribution Request. 4. Mileage will be reimbursed at the current Washington State rate. 5. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, Washington Department of Commerce's CDBG Management Handbook and other guides as well as applicable Mason County's policies and procedures. 17 of 22 18 Enterprise for Equity Program Budget-24 months Expense Categories Computation Total Personnel $29,296 Executive Director 10 hrs/month@$35/hr $8,400 Training Director 10 hrs/month@$30/hr $7,200 Admin 12 hrs/month@$17/hr $4,896 Outreach/training Specialist 20 hrs/month @ $20/hr $8,800 Total *10.8%+ Fringe $.0.1588/hr Executive Director $907+$38 $945 Training Director $777+$114 $891 Admin $529+$46 $575 Outreach/training Specialist $950+$70 $1,020 Supplies/Materials $1,900 CoreFour, handout packets,flipcharts, markers, etc Contractual $23,920 2 BPPs $13,000 9 BRWs $6,480 2 Money 101s $1,440 2 Dep Strengths $3,000 Mileage 2100 miles@.58/mile $1,218 Training Facility Rental $7,860 2 BPPs$2400 14, 2-day workshops $5,460 Total Direct $67,625.00 Indirect 10%de minimum $6,762.50 TOTAL $74,387.50 18 of 22 19 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUBRECIPIENT owns no vehicles, this requirement may be satisfied by a non- owned auto endorsement to the general liability policy described above. If SUBRECIPIENT or SUBRECIPIENT's employees will use personal autos in any way on this PROJECT, SUBRECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of SUBRECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUBRECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUBRECIPIENT also agrees to require all SUBRECIPIENTs, subcontractors, and anyone else involved in this AGREEMENT on behalf of the SUBRECIPIENT (hereinafter"indemnifying PARTIES") to comply with these provisions. B. SUBRECIPIENT agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUBRECIPIENT or required of others by SUB- RECIPIENT pursuant to this AGREEMENT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. SUBRECIPIENT shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 19 of 22 20 E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this AGREEMENT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by SUBRECIPIENT or deducted from sums due SUBRECIPIENT. F. It is acknowledged by the PARTIES of this AGREEMENT that all insurance coverage required to be provided by SUBRECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. G. SUBRECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If SUBRECIPIENT's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with SUBRECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUBRECIPIENT will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this AGREEMENT. This obligation applies whether or not the AGREEMENT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 20 of 22 21 EXHIBIT D CERTIFICATE OF INSURANCE Certificate Placeholder 21 of 22 22 EXHIBIT E . SAMPLE FORMS AND INSTRUCTIONS 22 of 22 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Support Services Action Agenda x Public Hearing Other DATE: April 21, 2020 Agenda Item # g.", Commissioner staff to complete) BRIEFING DATE: April 13, 2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval of a Subrecipient Agreement with the Economic Development Council (EDC) and a modification of the Subrecipient Agreement with the Community Action Council (CAC) to allocate and distribute the $126,878 additional funding offered by the Department of Commerce's CDBG Public Service Grant. Background: The Department of Commerce has offered counties additional funding to address small businesses financial needs in relation to COVID-19 pandemic's economic impact. The funds are to be used to offer assistance to Mason and Lewis County citizens and businesses based on CDBG eligibility criteria. The funds will be distributed $50,000 to the Mason County EDC, the balance to CAC. The funds are to be issued to recipients as grants up to $5,000. Budget Impacts: No budget impact. Recommended Action: Approval of the Subrecipient Agreement with the EDC and a modified Subrecipient agreement with the CAC. Attachment(s): Subrecipient Agreements AMENDMENT TO: 2019 PUBLIC SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY AND THE COMMUNITY ACTION COUNCIL OF LEWIS, MASON AND THURSTON COUNTIES This Agreement is made between Mason County,Washington (herein called the Local Government) and Community Action Council of Lewis, Mason and Thurston Counties (herein called Subrecipient) for the 2019 Public Services Community Development Block Grant (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD)to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 19-62210-010 (CFDA 14.228), to fund the Project with Federal Award Identification Number B-19-DC-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plan and conduct on-site review Page 1 of 21 • Ensure grant activities are completed • Conduct a final public hearing • Complete the grant close-out process with COMMERCE B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks and activities as detailed in "Exhibit A Scope-of-Work" to accomplish the objectives of principally benefiting low- and moderate-income persons.The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Principal Tasks • Provide referrals for a minimum of 7,500 individuals in Mason and Lewis counties of which a minimum of 3,825 must meet HUD's 51% income qualification. • Provide Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 179 must meet current HUD's low-middle income qualifications. • Formulate and submit required reports and payment requests to LOCAL GOVERNMENT in an accurate and timely manner. • Provide COVID-19 Response assistance to approximately 73 families using United Way of Thurston County model adapted for Lewis and Mason Counties. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party.The parties' representatives are as follows: A. Subrecipient: Community Action Council of Lewis, Mason and Thurston Counties Name of Representative: John Walsh, CEO Mailing Address: 3020 Willamette Dr NE City, State and Zip Code: Lacey, WA 98516 Telephone Number: 360-438-1100 Fax: 360-491-7729 E-mail Address: johnw@caclmt.org UBI#: 600-503-120 Page 2 of 21 B. Local Government : Mason County, Washington Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360-427-9670 Ext 644 Fax Number: 360-427-8437 E-mail Address: kbergh@co.mason.wa.us 4. BUDGET The Local Government will pass through to the Subrecipient no more than $102,232 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount 05 Public Services $102,232 05Z Public Services/Resource Referral/COVID-19 Response $ 73,378 Total $175,610 Indirect Cost Rate: _% Federally Approved Indirect Rate, or 10% de minimis rate, or fill out "N/A" declining to charge indirect The Local Government may require a more detailed budget breakdown, and the Subrecipient will provide such supplementary budget information in a timely fashion in the form and content prescribed by the Local Government. Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant,the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services,travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT Page 3 of 21 The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT,the LOCAL GOVERNMENT may, upon written notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB- RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause,without prejudice to any other remedy under the AGREEMENT,to take all or any of the following actions: (1) cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the SUB-RECIPIENT, (3)to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL GOVERNMENT under this clause. Page 4 of 21 B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990;the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the LOCAL GOVERNMENT, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the LOCAL GOVERNMENT. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT. E.E-verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100;000 or more. SUB- RECIPIENT represents and warrants that it will,for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the LOCAL GOVERNMENT,to provide a copy of each such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT further represents and Warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a)termination of the AGREEMENT and ineligibility for any Mason County contract for up to three (3)years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through this website:www.uscis.gov Page 5 of 21 F.Disputes: Differences between SUB-RECIPIENT and LOCAL GOVERNMENT, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of LOCAL GOVERNMENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated,the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: Subrecipient shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer or LOCAL GOVERNMENT, or (2) the happening of any event or occurrence, unless Subrecipient has given LOCAL GOVERNMENT a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by LOCAL GOVERNMENT. The written Notice of Potential Claim shall set forth the reasons for which Subrecipient believes additional compensation or extension of time is due,the nature of the cost involved, and insofar as possible,the amount of the potential claim. Subrecipient shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: Subrecipient shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by LOCAL GOVERNMENT, Subrecipient has given LOCAL GOVERNMENT a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT.There shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The. arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages.The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no later than forty-five (45) days after the Page 6 of 21 arbitration demand,the PARTIES agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,that either party may decline to mediate and process with arbitration. J.Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT,the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: Subrecipient will not communicate directly with COMMERCE concerning this PROJECT without LOCAL GOVERNMENT's prior approval. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Obiective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation Page 7 of 21 The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft,fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government as detailed in "Exhibit B Insurance Requirements." The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement as "Exhibit C Certificate of Insurance" which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage.The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce,the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities,facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition,the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9,the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to)the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure,for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. Page 8 of 21 In accordance with 2 CFR 200.339,this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination,the effective date, and, in the case of partial termination,the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the Local Government may terminate the award in its entirety. -9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified ' in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all Page 9 of 21 other applicable Federal,State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee,the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases,the Local Government will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at anytime during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends$750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement.The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Page 10 of 21 D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable,which include but are not limited to the following: 1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time,the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to,the property after the CDBG program's approval. Such payment will constitute program income to the Local Government.The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold,the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a)transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended Page 11 of 21 No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: I. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing.in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance,take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Page 12 of 21 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank,trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder.The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. D. Copyright Page 13 of 21 If this Agreement results in any copyrightable material or inventions,the Local Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use,the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 11. SEVERABILITY If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-Work and Budget Exhibit B Insurance Requirements Exhibit C Certificate of Insurance Exhibit D Sample forms and Instructions IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. MASON COUNTY, WASHINGTON COMMUNITY ACTION COUNCIL OF LEWIS, MASON And THURSTON COUNTIES By: By: Sharon Trask, Chair John Walsh, CEO Date: Date: Approved As To Form: Tim Whitehead, Chief DPA Page 14 of 21 EXHIBIT A SCOPE-OF -WORK The Community Action Council of Lewis, Mason and Thurston Counties (CAC) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (Commerce) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (LOCAL GOVERNMENT) policies and procedures. It is the CAC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct participant eligibility screening for Lewis and Mason county residents to determine program eligibility in compliance with CDBG requirements. 2. Provide referrals for a minimum of 7,500 individuals in Mason and Lewis counties of which a minimum of 3,825 must meet current HUD's low-middle income qualifications. 3. Provide Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 179 must meet current HUD's low-middle income qualifications. Services include; resource referrals, advocacy, support case coordination, child forensic interviews, technical assistance for victims of child abuse, and consultation and case support for victims of other crimes. 4. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 5. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to LOCAL GOVERNMENT on a quarterly basis due September 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. LOCAL GOVERNMENT will be responsible for submitting completed requests to COMMERCE. See "Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to LOCAL GOVERNMENT on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. LOCAL GOVERNMENT will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions Kelly Bergh Mason County 411 N. 5th Street Shelton, WA 98584 kbergh _co.mason.wa.us 6. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by LOCAL GOVERNMENT. Page 15 of 21 7. Participate and support on-site compliance reviews conducted by LOCAL GOVERNMENT per CDBG requirements. 8. Assist LOCAL GOVERNMENT with all aspects of program administration and requirements including grant close-out process as requested. 9. Assist with preparation of 2020 Public Services Grant application as requested by LOCAL GOVERNMENT. 10. Provide COVID-19 Response assistance to approximately 73 families using the United Way of Thurston County model adapted for Lewis and Mason County. Page 16 of 21 EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of$102,232 allows for reimbursement requests for staff salaries and benefits including administration and accounting pooled costs. The SUB- RECIPIENT cannot use Community Development Block Grant (CDBG) funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies, other and/or indirect expenses. Additional budget of$73,378 for COVID-19 Response assistance is for direct benefits of LMI eligible families. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as well as applicable Mason County's (LOCAL GOVERNMENT) policies and procedures. 5. SUB-RECIPIENT will provide LOCAL GOVERNMENT with a copy of the annual A-133 compliant audit within nine months of the end of CAC's fiscal year. Page 17 of 21 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or SUB-RECIPIENT's employees will use personal autos in any way on this project, SUB-RECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to LOCAL GOVERNMENT for injury to employees of SUB-RECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of LOCAL GOVERNMENT following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds LOCAL GOVERNMENT, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s, subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT (hereinafter"indemnifying PARTIES") to comply with these provisions. B. SUB-RECIPIENT agrees to waive rights of recovery against LOCAL GOVERNMENT regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB- RECIPIENT pursuant to this Contract shall be endorsed to delete the subrogation condition as to LOCAL GOVERNMENT, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by LOCAL GOVERNMENT. SUB-RECIPIENT shall not make any reductions in scope or limits of coverage that may affect LOCAL GOVERNMENT's protection without LOCAL GOVERNMENT's prior written consent. Page 18 of 21 E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to LOCAL GOVERNMENT prior to the execution of this Contract. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, LOCAL GOVERNMENT has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by LOCAL GOVERNMENT shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB- RECIPIENT. F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be provided by SUB-RECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to LOCAL GOVERNMENT. G. SUB-RECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to LOCAL GOVERNMENT. If SUB-RECIPIENT's existing coverage includes a self- insured retention, the self-insured retention must be declared to the LOCAL GOVERNMENT. The LOCAL GOVERNMENT may review options with SUB-RECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUB-RECIPIENT will renew the required coverage annually as long as LOCAL GOVERNMENT, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until LOCAL GOVERNMENT executes a written statement to that effect. Page 19 of 21 EXHIBIT E SAMPLE FORMS AND INSTRUCTIONS Page 21 of 21 ATTACHMENT 18-C (1) SUBRECIPIENT AGREEMENT BETWEEN Mason County, Washington. AND Economic Development Council of Mason County This Agreement is made between Mason County(herein called the Local Government) and.Economic Development Council of Mason County (EDC) (herein called Subrecipient) for the CDBG Economic Opportunity Grant—.COVID-19 Response Funding project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD)to provide funds to units of local government selected to undertake and carry out projects under the.Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 19-62210-010 (CFDA 14.228),to fund the Project with Federal Award Identification Number B-19-DC-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish.the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such.assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plan and conduct on-site review • Ensure grant activities are completed • Conduct a final public hearing Page 1 of 18 ATTACHMENT 18-C (2) • Complete the grant close-out process with COMMERCE B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons or microenterpises.The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Principal Tasks • Formulate and submit required reports and payment requests to LOCAL GOVERNMENT in an_accurate and timely manner. • Provide COVID-19 Response assistance in the form of emergency grant awards of up to $5,000 to approximately 10 qualifying microenterprises to enable them to retain the level of employees as close to January 2020 as possible. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Economic Development Council of Mason County Name of'Representative: Jennifer Baria Mailing Address: 310 E Cota Street City,State and Zip Code: Shelton, WA 98.584 Telephone Number: 360 426 2276 Fax: na E-mail Address: jennifer@choosemason.com UBI#: 601137830 B. Local Government : Mason County Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360427 9670 ext 644 Fax Number: 360 427 8437 E-mail Address: kbergh@co.mason.wa.us Page 2 of 18 ATTACHMENT 18-C (3) 4. BUDGET The Local Government will pass through to the Subrecipient no more than $50,000 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount 05Z COVID-19 Microenterprise direct assistance of emergency grants $50,000 Indirect Cost Rate: _% Federally Approved Indirect Rate, or 10% de minimis rate, or fill out "N/A" declining to charge indirect Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant,the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and Page 3 of 18 ATTACHMENT 18-C (4) audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT, the LOCAL GOVERNMENT may, upon written notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB- RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the SUB-RECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL GOVERNMENT under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040,the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the LOCAL GOVERNMENT, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the LOCAL GOVERNMENT. D. Ownership of Items Produced: Page 4 of 18 ATTACHMENT 18-C (5) All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT. E. E-verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. SUB- RECIPIENT represents and warrants that it will, for at least.the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system: means the Illegal Immigration Reform and Immigration.Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the LOCAL GOVERNMENT,to provide a copy of each such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a)termination of the AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUB-RECIPIENT and LOCAL GOVERNMENT-, arising under and by virtue.of the AGREEMENT Documents, shall be brought to the-attention of LOCAL GOVERNMENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated,the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: Subrecipient shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer or LOCAL GOVERNMENT, or (2) the happening of any event or occurrence, unless Subrecipient has given LOCAL GOVERNMENT a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by LOCAL GOVERNMENT. The written Notice of Potential Claim shall set forth the reasons for which Subrecipient believes additional compensation or extension of time is due,the nature of the cost involved, and insofar as possible, the amount of the potential claim. Subrecipient shall keep full and complete daily records of the work Page 5 of 18 ATTACHMENT 18-C (6) performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: Subrecipient shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by LOCAL GOVERNMENT, Subrecipient has given LOCAL GOVERNMENT a detailed written statement of each element of cost or_other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT or otherwise, including issues of specific performance, shall be determined'by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT. There shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages.The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no later than forty-five (45) days after the arbitration demand,the PARTIES agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and process with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT,the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: Subrecipient will not communicate directly with COMMERCE concerning this PROJECT without LOCAL GOVERNMENT's prior approval. 8. GENERAL CONDITIONS A. General Compliance Page 6 of 18 ATTACHMENT 18-C (7) The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims,_actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will provide Workers' Compensation.Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. The Subrecipient shall furnish the Local Government with properly executed.certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce,the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement.will be prominently Page 7 of 18 ATTACHMENT 18-C (8) labeled as to funding source. In addition,the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9,the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to)the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure,for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339,this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination,the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the Local Government may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The.Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Page 8 of 18 ATTACHMENT 18-C (9) 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR-200. These principles will be'applied for all costs incurred whether charged on.a director indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under_this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to.Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one'of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, the Washington State Department of Commerce; and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. Page 9 of 18 ATTACHMENT 18-C (10) 3. Audits.and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the, state and federal government, at anytime during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 5.70.504, as applicable,which include but are not limited to the following: 1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that.meets a CDBG National Objective for this 10-year period of time,the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any Page 10 of 18 ATTACHMENT 18-C (11) portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to,the property.after the CDBG program's approval. Such payment will constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. In cases in which-equipment acquired, in whole or in part, with funds under this Agreement is sold,the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a)transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the Page 11 of 18 ATTACHMENT 18-C (12) requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with.the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which.he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135.The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to'the Subrecipient from the Local Government under this contract may be assigned to a bank,trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. Page 12 of 18 ATTACHMENT 18-C (13) 2. Conflict of Interest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. D. Copyright If this Agreement results in any copyrightable material or inventions, the Local Government and/or Commerce reserves the right to royalty-free,non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use,the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited.by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 11. SEVERABILITY If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Page 13 of 18 ATTACHMENT 18-C (14) Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. Mason County Economic Development Council of Mason County By: By: Sharon Trask, Chair Jennifer Baria, Executive Director Date: Date: Approved As.To Form: Tim Whitehead, Chief DPA Page 14 of 18 ATTACHMENT 18-C (15) EXHIBIT A SCOPE-OF -WORK The Economic Development Council of Mason County (EDC) will be responsible for completing the tasks and activities below as well as others as detailed throughout.this AGREEMENT, Washington Department of Commerce's (Commerce) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (LOCAL GOVERNMENT) policies and procedures. It is the EDC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct applicant eligibility screening for Mason County microenterprises to determine program eligibility incompliance with CDBG requirements using the April 10, 2020 CDBG COVID-19 Emergency Grant Guidelines. 2. Provide a minimum of 10 emergency grants of up to $5,000 each to eligible microenterprises. To enable these small businesses to retain the level of employees as close to January 2020 levels in response to the COVID-19 crisis. 3. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 4. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to LOCAL. GOVERNMENT on a quarterly basis due September 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. LOCAL GOVERNMENT will be responsible for submitting completed requests to COMMERCE. See "Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to LOCAL GOVERNMENT on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. LOCAL GOVERNMENT will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms-and Instructions Kelly Bergh Mason County 411 N. 5th Street Shelton, WA 98584 kbergh(@_co.mason.wa.us 5. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by LOCAL GOVERNMENT. 6. Participate and support on-site compliance reviews conducted by LOCAL GOVERNMENT per CDBG requirements. Page 15 of 18 ATTACHMENT 18-C (16) 7. Assist LOCAL GOVERNMENT with all aspects of program administration and requirements including grant close-out process as requested. Page 16 of 18 ATTACHMENT 18-C (17) EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of$50;000 allows for direct COVID-19 Response assistance to at least 10 microenterprises through grants of at least $5,000. 2. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as well as applicable Mason County's (LOCAL GOVERNMENT) policies and procedures. Page 17 of 18 ATTACHMENT 18-C (18) Page 18 of 18 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: April 21, 2020 Agenda Item # $.3 BRIEFING DATE: April 13, 2020 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Set Hearing to Amend 2020 Annual Construction Program and 2020 — 2025 6-Year Transportation Improvement Program BACKGROUND: Mason County adopted the 2020 Annual Construction program and 2020- 2025 6-Year TIP. There is need to amend both to include new revenue for the Harstine Island Polyester Overlay project and make minor mile post updates. RECOMMENDED ACTION: Recommend the Board of Commissioners set a public hearing for May 19, 2020 to amend the 2020 Annual Construction Program and 6-year Transportation Improvement Program. Attachment: 1. Notice 2. Amended Annual 3. Amended 6yr-TIP Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification r Project Costs in Thousands of Dollars FederallyFunded G m n. , g E L Start Fund I FFedt r Fund State Loca o P s Only M A. Federal Aid No. B. Bride No. o Fund Source Information Expenditure Schedule Project o o E C. Project Titie J RM/ c E D. Street!Road Name of Number Phase Federal Federal State 4th Required LL Z E. Beginning MP or road-,Ending MP or road F o.o y I Total 1st 2nd 3rd lhru Envir Type; Date F. Describe Work to be Done (mm/dd/yy) Code Phase Source' Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 1 14 15 16 17 18 19 20 21 07 Various PE 1/1/2020 STP 50 10 60 60 60 60 180 08 Programmatic Preservation-HMA Overlays RW 09 Rd.No.: Various CN 6/1/2020 STP 1913 597 2510 2510 625 825 2475 N/A 17 1 From: MP Var To: MP Var 4.00 E 18 19 Total 2020 Project Cost $2,570,000) TOTALS 1963 607 2570 2570 885 865 2655 PE 6/1/2020 STPR 52 8.1 60 60 2D20 Mason County Overlay RW CN 6/1/2021 STPR 1,097 451.86 1546.555 1549 D7 2 various Hot Mixed Asphalt(HMA)overlay based on PMS and maintenance history Total 2020 Project Cost ' $1,608,556 TOTALS .1148.6 459.96 1608.555 60 1549 07 PE 20 20 20 20 20 60 08 Programmatic Safety RW 5 5 5 51 5 15 09 3 Rd.No.: Various _ CN 100 100 100 100 100 300 DCE 17 From: Various To: Various 18 Clear Zone Projects,sign upgrades,guardrail,intersection improvements 19 1 ITotal 2020 Project Cost $125;000; TOTALS 125 : 125 125 125 125 375 07 PE 40 40 40 40 40 120 08 Programmatic Culvert Repair/Replacement RW 10 10 10 10 10 30 09 4 _ CN 150 150 150 150 150 450 17 18 19 Total 2020 Project•Cost —000-,0_001 TOTALS - 200 1 200 200 200 200 600 07 PE 10 10 10 10 10 30- 08 Programmatic Bridge Program RW 5 5 5 5 5 15 09 5 _ CN 50 50 50 50 50 150 17 18 19 Total 2-0 ff Project Cost �� -$66,000) TOTALS 65 •' 65 65 65 65 195 07 PE 10 10 10 10 10 30 08 County-Wide Small Capital Projects RW 5 5 5 5 5 15 096 _ CN 85 85 85 85 85 255 17 18 _ 19 Total 2020 ProjectCost �' $100,b00i 1TOTALS 100 100 100 100 100 300 07 PE 15 15 15 10 10 30 08 County-Wide Gravel Road Upgrades RW 5 5 15 09 7 _ CN 50 50 150 17 18 19 Tota12020 Project.Cost $.15,000 TOTALS 15 15 15 `,65 65 195 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula 'Amend Date: - Resolution No.: Project Identification r Pro'ectCosts in Thousands of Dollars Federally Funded j m A. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure.Schedule Projects Only y'E n C. Project Title d 15 N Federel Fundin RIW c L)c = D.StreetlRoad.Name of Number J—�... o= .Phase Federal' Feoeral State 4th Required: ❑ o-z Envir Type u E.Beginning MP or road-Ending MP or road F a n Start Fund Costby, Fund State Local Total 1st 2nd 3rd thru Date F. Describe Work to be Done (mm/dd/yy) Code Phese Source !Funds Funds Funds 6t1i (mmLyy 1 3 6 8 9 10 11 12 1 13 1 14 15 16 17 18 19 20 21 D7 PE 10 10 10 10 10 30 D8 Neighborhood Roadway Safety Grants RW 5 5 15 D9 8 CN 50 50 150 17 18 19 Total 2020 Project Cost ,$10,000 TOTALS 10 10 10 65 65 195 CRP 2006 PE 1/1/2015 HSIP 4:5 0.5 5 5 Bear Creek Dewatto Road Clear Zone RW 8/1/2019 HSIP 15 15 15 D7 9 Rd.No.: 79800 1.50 CN 4/1/2020 HSIP 222 318 540 540 DCE 2/19 From: MP 52 To: MP 6,7 Clear Zone Project Total 2020 Project Cost_ $560,0001 TOTALS HSIP 226.5 333.5 560 560 CRP 2014 PE 7/1/2018 RCO 10 10 10 Deegan Road West Culvert Replacement RW 11/1/2016 10 10 10 Rd No.:06110 _ CN 7/1/2019 RCO 215 115 330 330 09 10 From MP 2.37 To:MP 2.37 2/19 Replace existing culvert with a newstructure Tota12019 Pro _jectCost— _ $350;0007 TOTALS - '225 125 350 350 CRP 2015 PE 7/1/2016 RCO 5 5 5 Shelton Valley Road Culvert Replacement RW 11/1/2018 10 10 10 08 11 Rd No.:05930 _ CN 7/1/2019 RCO 200 250 450 450 2/19 From MP 2.13 To:MP 2.13 Replace existing culvert with a new structure Total 2020 Project Cost $465,000 TOTALS 205 260 465 465 CRP 2022 PE 1/1/2020 RCO 47 8 55 55 5 Uncle Johns Upper Culvert RW 2/1/2021 10 09 12 Rd.No.: 23500 _ CN 7/1/2021 RCO 430 MP 1.02 To: MP 1.02 Replace existing culvert with a new structure Total 2020 Project Cost $55,0001 TOTALS 47 8 55 55 445 CRP 2023 PE 9/1/2019 RCO 298 52 350 350 50 Uncle Johns Lower Culvert RW .111/2021 20 09 13 Rd No.:23500 _ CN 7/1/2023 2580 From MP 0.64 To:MP 0.64 Remove Existing Culvert and replace as needed Total 2020 Project Cost $350,0001 TOTALS 298 52 350 350 1 2580 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 2 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally'Funded A.'Federal Aid No. B. Bridge No. o Fund Source Information` Expenditure Schedule Project Only o E C. Project Title J m Federal Fundin R/W v a ❑ D. Street/Road Name of Number o Phase Federal Federal State 4th Required LL Z E. Beginning MP or road-Ending MP or road a o Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru EnvirType Date F. Describe Work to be Done (mm/dd/yy) Code Phase Source Funds Funds Funds 6th nmlyy 1 3 6 8 9 1 _10-1 11 1 12 1 13 14 15 16 17 18 19 20 21 CRP-2024 PE 7/1/2020 RCO 47 8 55 55 5 Dayton Creek Culvert RW 2/1/2021 10 07 14 Rd No.:04450 _ CN 8/1/2021 RCO 430 From MP 0.33 To:MP 0.33 Replace existing culvert with anew structure Total 2020 Project Cost __ $55,0001 TOTALS47 8 . 55 55 '445 PE 11/1/2019 STPR 38.925 6.075 45 4.6 Harstine Island Polyester Overlay RW 4/1/2020 STPR 07 15 Rd.No.: 30000 0 10 CN 2/23/2021 STPR 2961.1 2951.1 2961 From:0.12 To: 0.40 Deck Repair T6ta12020 ProjectCost - '$3,006,1001 TOTALS 3000.03 6.075 3006.1 4.5 2961 Clear Zone Improvements PE 5/1!2020 HSIP 89.1 9.9 99 99 07 Rd.No.:91100-Arcadia Road RW 3/1/2021 HSIP 19.8 2.2 22 22 07 16 Rd.No:04450-Highland Road 14.76 CN 1131/2022 HSIP 984.6 109.4 1094 1094 07 Rd.No.: 90100-Shelton Matlock Road 08 Rd.No.:14880-Kamilche Point Road Total 2020 Project:Cost I1,215,000 ITOTALS X1093.5 121.5 : .1216 99 22 1094 CRP 1993 PE 1/1/2019 RATA 4 1 5 5 Shelton Matlock Road Culvert Replacement RW 9/1/2020 5 5 5 5 07 17 Rd.No.: 90100-Shelton Matlock Road _ CN 7/15/2021 RATA 550 From: MP 8.03 To: MP 8.03 Replace existing culvert with a new structure Total 2020 Project Cost $f0,000, TOTALS 4 6 10 10 :555 CRP PE 1/1/2020 200 200 200 200 Belfair Connector-Log Yard Road E RW 10/1/2020 - 50 50 50 100 18 Rd.No.: _ CN 3/1/2021 From: SR3 To: Belfair Freight Corridor Design for New Construction Total 2020 Project Cost-------- __ T$250,0001 TOTALS 250 250 250 300 CRP 2019 PE 6/1/2019 200 200 200 200 Belfair Connector-Romance Hill RW 7/1/2020 50 50 50 100 09 19 Rd.No.: 86500 CN 3/1/2021 From: SR,3 To: Belfair Freight Corridor Design for New Construction Total 2020 Project Cost _ $_25_O0001 TOTALS 250 . 250 250 300 PE 1/1/2018 FbD 10 10 10 Skokomish Valley Road Reconstruction RW 1/2/2022 - 08 20 Rd.No.:41640 0.40 CN 3/1/2023 FLAP 1600 TBD From: MP 3.8 To: MP 4.6 Road Reconstruction partner w/Mason Cons Dist$BM total project cost Tota12020 Project.Cost $10,0001 TOTALS 10 10 10 1600 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 3 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project IdentificationL. Project Costs in Thousands of Dollars Federally'Funded M A. Federal Aid No. B. Bridge No. o Fund Source,lnformation Expenditure Schedule Projects Only o E C. Project Title y FederalFundin R/W D. Street/Road Name of Number o L Phase Federal Federal 'State 4th Required' ii n.Z E. Beginning MP or road-Ending MP or road o o-a Start Fund Cost by iFund State Local, Total 1st 72nd3rd thru Envir Type Date j F. Describe Work to be.Done ~ (mm/dd/yy) Code Phase :Source. 'FundsFunds Funds - 6th mmlyy)i 1 3 6 8 9 10 11 12 1 13 1 14 15 16 17 18 19 20 21 PE 1/2/2021 100 350 Trails Road Alternate Route-Rasor Road RW 6/1/2022 125 21 Rd.No.:62310 _ CN 6/1/2023 3000 From: MP To: MP Partial New Construction*_ Tota12020 ProjectCost ; TOTALS 100 475 3000 CRP 1995 PE 6/1/2019 RATA 50 5 55 55 20 North Shore Road-Cady Creek Culvert Replacement RW 1/1/2021 20 08 22 Rd.No.: 70390-North Shore Rd 0.10 CN 7/1/2022 RATA 500 From: MP 6.9 To: MP 7.0 Replace existing culvert with a new structure T6ta12020 Project Cost _4_Koffol TOTALS 50 5 55 55 40 500 CRP 2011 PE 6/1/2019 RATA 34 6 40 40 North Island Drive Culvert Replacement RW 1/2/2021 20 07 23 Rd.No.: 39630-North Island Drive 0.01 CN 7/15/2022 RATA 720 From: MP 3.46 To: MP 3.47 Replace existing culvert with a new structure Total2026i rojoct dost�'-- '$'40,060] TOTALS 34 6 - 40 40 20 720 CRP 2001 PE 10/1/2019 5 5 5 25 Homer Adams Road Culvert Replacement RW 3/1/2020 10 09 24 Rd.No.: 00610 010 CN 8/1/2020 300 20 From: MP 0.1 To: MP 0.2 Reconstruction Total 2020 Project Cost $5,000 TOTALS 5 5 5 35 300 20 CRP 2021 PE 3/1/2020 RATA 5 5 10 10 60 North Shore Road-Great Bend Culvert Replacement RW 1/2/2022 20 08 25 Rd.No.: 70390-North Shore Rd 0.10 CN 7/1/2024 RATA 500 From: MP 16.6 To: MP 16.7 Replace existing culvert with a new structure Total 2020 Project Cost $10,6,of TOTALS - 5 5 10 10 60 20 500 CRP 2020 PE 3/1/2020 RATA 8.5 1.5 10 10 50 50 10 Old Belfalr Hwy RW 5/1/2023 M11 08 26 Rd.No.: 98250-Old Belfair Hwy 0 40 CN 4/1/2024 RATA From: MP 1.2 To: MP 1.63R Improvement-Resurfacing,Restoration and RehabilitationTotal 2020 Project Cost $10,000 TOTALS .8.5" 1.5 10 10 . 50 50 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 4 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded E m' A. Federal Aid No. B. Bridge No. �" 'Fund Source,lnformation Expenditure•Schedule Projects Only 0 «a C. Project Title v Z Federal FundingR/W rj 'E D. Street/Road Name of Number y o s Phase Federal Federal 'State 4th Required ri a Z E. Beginning MP or road-Ending MP or road a a Start Fund Cost by Fund Stale Local Total 1st 2nd 3rd thru Envir Type Date F. Describe Work to be Done mm/dd/yy) Code Phase Source' Funds Funds Funds 6th (mm/yy)' 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PE Allyn Access,Circulation easement acquis Wheelwright,Wade,and RW 9/3/2019 150 150 150 40 27 Rd.No.: TBD Masterson ROW _ CN From: To: ROW acquisition Total 2020 Project Cost $150,000 TOTALS 150 150 150 40 PE 40 Mason Benson Intersection Safety RW 10 07 Y8 Rd.No.: 63010 0.10 CN 300 From: MP 2.5 To: MP 2.6 Improve Sight Distance Total 2020 Project Cost TOTALS - 350 PE 60 Shelton Valley Culvert RW 30 29 Rd.No.: 05930 _ CN 550 From: MP 2.0 To: 2.0 Replace existing culvert with new structure Total 2020 Project Cost TOTALS 60 580 PE 1/1/2025 400 Trails Road Realignment RW 10/1/2025 50 07 30 Rd.No.:62310 0.40 CN 4/1/2026 From: MP 0.5 To: MP 1.6 Curve Realignment Total 2020 Project Cost i TOTALS 450 PE 6/1/2023 210 Log Yard Road W Freight Upgrade RW 7/1/2024 50 31 CN 4/1/2025 1325 3R Improvement-Resurfacing_,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 1585 PE 6/1/2021 40 Clifton,Old B,SR 300 feasibility Study RW 32 CN 311 Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 1 1 40 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program State Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 5 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project Identification Project Costs in'Thousands of Dollars Federally'Funded m A. Federal Aid No B. Bridge No, o Fund Source Information Expendilure'Schedule Projects Onl `o N•c a C. Project Title m 15 m 'Federal Fundin - R/W U rj D. Street/Road Name of Number o Phase Federal Federal State 4th Required li a Z E. Beginning MP or road-Ending MP or road o a a Start fund Cost by Fund State .Local Total 1st 2nd 3rd lhru Envir Type'' Date F. Describe Work to be Dona ~ mm/dd/yy Code Phase Source Funds Funds Funds Sth (mmlyy) 1 3 6 8 9 10 1 11 1 12 13 14 1 15 16 17 18 19 20 21 PE 6/1/2021 120 Frieght Corridor Trail RW 33 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 120 TOTALS 7.00 6283.03 933.5 2714.6 9931.1 5115 6786 3630 16490 Future Considerations/Wishlist Completion of Trails road Alternate Route-Rasor Road in phases Cioquallum Road MP 4.6 to 5.2 curve realignments Cloquallum Road MP 6.6 to 7.2 widening Shelton Matlock Road MP 15.36 to 16.5 realign pave shoulders Johns Prairie Road add paved shoulders RR tracks to old capital hill rd Guardrail upgrades-Brockdale,McReavy,and Johns Prairie Terrace Blvd Road and Hwy 101 intersection-partner project with WSDOT Brockdale and Island Lake Road intersection-partner project with City of Shelton Illumination intersections county wide Union Boat Launch Resurfacing Trail near Roessel Road New Roads Consideration McEwen Prairie to Brockdale 101 connection Johns Prairie and Hwy 3 connection Connection between Cloquallum and City Center exit Phase Funding BRAC-Bridge Replacement Advisory Committee FBRB-Brian Abbot Fish Barrier Removal PE-Preliminary Engineering STP-Surface Transportation Program (Now Local Bridge Program) BoardFLAP- Federal Lands Access Program RW-Right of Way HSIP-Highway Safety Improvement Program TP-Transportation Partnerships EM-Federal Emergency Management Act and CN-Construction RATA-Rural Arterial Trust Account TAP-Transportation Alternatives Program State Emergency Management funds Page 6 of 6 ANNUAL CONSTRUCTION PROGRAM FOR 2020 TOTAL$S COUNTY»'"- MASON"-'--} A TOTAL COSTRUCTION DONE-columns 1131+(141 $ 9,517,430 DATE RECOMMENDED FROG.SUBMITTED, 'September 30,2019 B COMPUTED COUNTYFORCES LIMIT $ 1,270,108 DATE OF FINALADOPTION, C TOTAL COUNTY FORCES CONSTRUCTION-(Column(141 $ 1,025,000 ORDINANCEIRE50LUTION NO.I DATE OF AMENDMENT- ) (1) (2) (3) (4) (5) (6) (7) (B) 1 (9) 1 (30) (111 1 (12) 1 (13) (14) (15) W z w ri o O W SOURCES OF FUNDS FSTIMgTEO EXPENDITURES d m ROAD SEGMENT INFORMATION c 2 f OTHER FUNDS CONSTRUCTION PROJECT NAME a'y z a � COUNTY PE&CE RIGHTOF WAY GRAND TOTAL C ROAD PROGRAM COUNTY z w p AMOUNT (595.10) (595.20) CONTRACT (ALL 595) ( o FUNDS SOURCE FORCES a ROAD# ROAD NAME 8MP EMP FFC MResJ 01 hogremma0c preservatbn-HMA Merhys Varbw 01/oe 3.00 L963,OOo STD 36UW 3,tOe,eOO 3,57,000 S owry0wrlay Vadvw 01/OB STD 60.00. ],548,545 U 1.608,154 of 9 ma6c 4afetY Vadpu4 G E 134,000 1,ODD 5,000 S,Ooo 5-Doo ]5,000 o3 Dmgmmmatk CUNert Reyir/Repbaement 300,000D 40,000 150.000 300,00 09 Programmatb Bddge Rewlr Varbw E 65,000 0 ld'm 4,00 55.000 35,000 63,000 6 ounryNyld¢SmaO CapltalProletts Varbw .1- E 30D,000 IO,DDO 4,OOD 43,00 40.00D 10,000 O6 -de Gravel Road Upgrades VarbwC 13,00 0 IS.ODO ]9,000 8 NellhborOwtl RwtlwaY4+lery GI.- Other E ID,..o .0 IO,Oo. 10.000 as 9ear Creel Oewatto Rtl-1- )980D B 11mek OewatWRoad 3.]o 63o los ". G 333,500 338SOD .11 5,W0 15,00 54D,DN 60,00 I i Oee9 Rd West CuhcttReplarsment 06130 wd West 09 0.10 LA E 333,00, iBRB IRro) i..C. 350,OOD 350.000 lo 113he04n Valby Rd CUNert Rephxment .3930 SMhw ValkyRwtl 2.1D i.2D OB LA E 503,000 ..M.) 4,oR 1..- f0,W0 44,000 11 U u..klohnsupper "n 33500 4--p 1.0E 1,3 09 O.Do LA E g.000 41,000 FORlll.) s3'RD0 0 0 54000 13 13 Unc .hht Lowen. 33500 ADate Loop D.64 09 DM LA I 53,00 394000 FORB(RCO) 330,000 p o C 35gDoo ]314 D".Oree... 04.40 N4hLtnd Rwd 07 0,0 LA E R.D. 41,00. FEMA 33,000 0 0 0 53,000 14 is be-d Polyeate-1 30000 NarsWe Hi,.Rwtl o7 i. .,6,0)5 iy61.o)3 s IRR) 0 3,941,075 ]4 16 c IDpelmpmve_ 14j6 12]500,0 ".111 1 99,000 L-.i 0 ],313,000 is 174M1eimn Matbck Ad[uRxn Aepkmment SheRvn Ma[bsl Rvad 8.03 8.03 07 RodU 1 4000 4,000 RAP 5.000 0 1,000 17 IB BetlaU CenneMr Le.NR E loBYaN RDadE .9 R.,'%. 5 25D.000 0 50,000 50,000 0o 35,000 ]0 19 Bellalr Connector-.Rvmantt 01 86500 Romance H111 p.ID W 0.8,,0 5 350,W0 ico'.. 5D,000 D0 ISo,00 19 20 SkotemkA VaOey Rtl Bewnslrvc0on 41640 Skolomish-Roatl IN 4w6D OB 0.80 A,B.D,G I 10.000 FhD i.,W0 C D 0 to ; 20 21 NOM 5h41 Rd-Clsy Geek ruNen Rephcement ]0390 NOMSMreRwd fi90 7A0 OB 0.10 A.B,,G 5,000 SD,D00 RAD 35,0,0 C 0 Ss,pp 3l h1.-01 CUNert Rephcem North lslantl Oriw '3.46 8.41 0) LA 1 4000 34,00. RAP 40,000 0 0 40,00 22 Homer Adams Rtl CUNert ReDhcement mer Adams Road 0.iD CID O9 I 5.000 0 5,000 . 4,000 33 NaMShoteRwOGswtew0[ahxrt ReDhcemml 70390 NPMSRore Rwd I6.E0 16.10 OB 0.10 LA I 5,000 ]0,000a 0 1,000 Rev ]3 OW R.Highw 98750 low R-1,Highway 1.30 LA 1 1,400 8,500 RAD 10,000 0 10,000 ]5 36 AU- IRD J.-.111hl,Wade,Masterton Other [ '150,001 o 140,0. 0 150,000 PAGE/PROGRAM TOTALS,CONSTRUCTION 3,174,5301 8,326,175 1,586,2001 337,0001 8,492,4301 1,025,0001 11,539,230 CRAB FORM 03,MC REVISED a/17/zozD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two (2) public hearings in the Commissioners Chambers of Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington 98584, on Tuesday, May 19, 2020, at 9:15am. SAID HEARINGS will be to consider adopting Mason County's: 1) Amended 2020 Annual Construction Program. 2) Amended Six Year Transportation Improvement Program for years 2020 to 2025. If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elma) or(360) 275-4467 (Belfair), Ext. 419. DATED this 21"day of April, 2020. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton,WA 98584 cc: Commissioners Community Development Public Works Shelton Journal: Publ.2t:4/30/20&5/7/20 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: April 21, 2020 Agenda Item # $A Commissioner staff to complete) BRIEFING DATE: March 16, 2020 &April 13, 2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval for the Board to authorize the Chair to sign to enter the County into a professional services agreement with North Mason Resources, for the period of April 21, 2020 — December 31, 2020, in order to provide basic essential items to the poor or infirm with a strong preference towards veterans in Mason County. Background: During the 2020 budget process, the Board set aside $5k in the Current Expense Non-Departmental budget for the purpose of providing essential items to the poor and infirm with a strong preference towards veterans. The contract has been established with North Mason Resources to to provide $2,500 to the North end of the County and $2,500 to the South end of the County. Recommended Action: Approval for the Board to authorize the Chair to sign to enter the County into a professional services agreement with North Mason Resources, for the period of April 21, 2020 — December 31, 2020, in order to provide basic essential items to the poor or infirm with a strong preference towards veterans in Mason County. Attachment: North Mason Resources contract J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2020\Action Agenda 4.21.2020-Veteran Assistance Contract w-NMR.doc MASON COUNTY PROFESSIONAL SERVICES CONTRACT 2020 NORTH MASON RESOURCES THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and North Mason Resources, hereinafter referred to as"CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Provide basic essential items as identified in "Exhibit A Scope-of-Services,"to the poor or infirm with a strong preference . towards veterans in Mason County; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions Funding Source: General Fund Non-Departmental (Fund 001) Invoices: CONTRACTOR shall receive funds as set aside in the County budget and as stated in this contract for services to be provided by North Mason Resources. Treatment of Assets: Ownership of all property/equipment purchased with County funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this Contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the County by January 31, 2021. Reporting Requirements: CONTRACTOR shall submit at least quarterly to the COUNTY an accounting that shall include but not be limited to the information as outlined in"Exhibit B Compensation" to this agreement. Individuals Served: Individuals served under this contract by the Contractor must meet the definition of poor or infirm as stated in this agreement.Approximately half of the individuals served must live in the North end of Mason County and half of the individuals served must live in the South end of Mason County. Definition of Poor or Infirm: The individual served under this contract is receiving one of the following types of public assistance: Temporary assistance for needy families, ages, blind, or disabled assistance benefits, pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, medical care services, or supplemental security income;AND the individual's household receiving an annual income, after taxes, of up to one hundred fifty (150) percent or less of the current federally established poverty level. Each individual served is limited to one transaction per week with a maximum value of$50 in any one transaction under this contract General Conditions Scope of Services: The CONTRACTOR agrees to provide to COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services, during the CONTRACT period. No material, labor or facilities will be furnished by the COUNTY, unless otherwise provided for in the CONTRACT. Term: This is a 8.5 month CONTRACT for the period of April 21, 2020—December 31, 2020. Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of J:\Budget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 1 of 14 CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. Compensation: CONTRACT for 2020 is not to exceed$5,000. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be in accordance with Article 8, Section 7 of the Washington State Constitution and set forth in"Exhibit B Compensation". Unless specifically stated in Exhibit"B" or approved in writing in advance by the official executing this CONTRACT for the COUNTY or his designee (hereinafter referred to as the"Administrative Officer")the COUNTY will not disburse funds up front to the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. The COUNTY or his designee (hereinafter referred to as the"Administrative Officer")will disburse funds up front periodically to the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. There shall be a 10%allowance for administrative costs under this contract.The 10% administrative costs shall be included as part of the total contract amount, and not over and above the contract amount. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify the COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR,without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief,upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. mental\North Mason Resources-Final.docx Page 2 of 14 J:\Budget Office\Fund&Department Info\Non-Depart Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent CONTRACTOR, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit"B" and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless the COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of ail activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the COUNTY. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by the COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, JABudget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 3 of 14 creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work product and source documents.used and/or produced by the CONTRACTOR including plans, data, maps(digital and paper), reports, photos, videos, marketing media, client e-mails, access to analytical accounts, and art work within 30 days after termination or completion of this CONTRACT unless mutually agreed up on by the parties. All work product shall belong to the COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: J:\Budget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 4 of 14 CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six(6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT C Insurance Requirements." Proof of Insurance: A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance." Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments,Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon J:\Budget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 5 of 14 CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Provider's initials acknowledging indemnity terms: Participation by County—No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify the COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a)termination of this CONTRACT and ineligibility for any Mason County Contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit." CONTRACTOR will review and enroll in the E-Verify program through this website: www.uscis.gov Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Administrative Services Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Diane Zoren, Administrative Services Manager 411 North 5th Street J:\Budget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 6 of 14 Shelton, WA 98584 Telephone (360)427-9670 ext. 747 dlz@co.mason.wa.us Contractor Contact Information: North Mason Resources Steve Ables PO Box 2052 140 NE State Route 300 Belfair, WA 98528 (360)552-2303; directorgmnresources.org Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the"Contractor Information"section. Notice may be given by delivery or by depositing in the U.S. mail. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the Contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term,whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion,that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope- of-Services and Exhibit B Compensation. JABudget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 7 of 14 Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1)any act or failure to act by the Administrative Officer or COUNTY, or(2)the happening of any event or occurrence, unless CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10)days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Detailed Claim: CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty(30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton,Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation,which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. JABudget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 8 of 14 Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget(OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Conditions Entire Contract: This written CONTRACT, comprised of the Request for Proposals as published, Proposal as submitted, writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. NORTH MASON RESOURCES BOARD OF COUNTY COMMISSIONERS SHELTON,WA MASON COUNTY,WASHINGTON Steve Abels, Executive Director Sharon Trask, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA J:\Budget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 9 of 14 EXHIBIT A SCOPE OF SERVICES 2020 NORTH MASON RESOURCES North Mason Resources called "CONTRACTOR"will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following Services: 1. Necessary essential items to the poor and infirm, with a strong preference towards veterans 2. The necessary essential items may include but not be limited to: food, water, shower tokens, bus passes, hygiene kits, towels, propane, fuel, and blankets 3. Provide quarterly reports that shall include but not be limited to the following information: • The information on the outreach form provided in `EXHIBIT E' • Receipts for all items purchased under this contract • CONTRACTOR will fulfill reporting requirements as defined in Exhibit B Compensation" to this agreement. This information is due to the COUNTY no later than January 31 following the end of contract year. J:\Budget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 10 of 14 EXHIBIT B COMPENSATION The following costs,which are directly related to necessary items for the poor and infirm,are allowed: Food Water Shower Tokens Bus Passes Hygiene Kits Towels Propane Fuel Blankets There shall be no payments made for repairs and maintenance. There shall be a 10% allowance for administrative costs under this contract. The 10% administrative costs shall be included as part of the total contract amount, and not over and above the contract amount. COUNTY shall voucher one quarter of the total contract amount at a time to the Contractor. The CONTRACTOR shall not receive additional compensation from the County until a detailed accounting of purchases and disbursements for the prior payment is received. The detailed accounting for the purchases shall include but not be limited to copies of invoices and a spreadsheet summarizing the invoices with a grand total of expenditures at the bottom. The detailed accounting for the disbursements shall include but not be limited to: the information on the outreach form in 'EXHIBIT E' Invoices for the Poor and Infirm Services with a strong preference towards veterans shall not exceed $5,000 including a 10% administrative allowance unless additional awards are made. JABudget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 11 of 14 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability" policy form CG 00 01,with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B.Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance(Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be"pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, subcontractors or others involved in the Work.The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply with these provisions. B. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. C. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to JABudget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 12 of 14 protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. F. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. G. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. a JABudget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 13 of 14 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) J:\Budget Office\Fund&Department Info\Non-Departmental\North Mason Resources-Final.docx Page 14 of 14 ldf"auk_ EXHIBIT E MASON COUNTY& NORTH MASON RESOURCES OUTREACH FORM Date: Time: Location: Recipient Address: Name of Recipient: Phone Number: Other Contact Info: Service Provided: I attest that I am on one of the following:Temporary assistance for needy families, ages, blind, or diabled assistance benefits, pregnant women assistance benefits, poverty-related veterans' benefits,food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, medical care services, or supplemental security income; AND my household receiving an annual income, after taxes, is up to one hundred fifty (150) percent or less of the current federally established poverty level. Check if Veteran ❑ Signature of Recipient Dollar value of Service Provided: Advocate Name: Signature of Advocate MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Support Services Action Agenda x Public Hearing Other DATE: April 21, 2020 Agenda Item # K Commissioner staff tai complete) BRIEFING DATE: April 13, 2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval of a $50,000 grant from the 2163 fund with revenues from Mason County Document Recording Fees to The Community Foundation of South Puget Sound and The United Way of Mason County COVID-19 Response Fund and authorize the Chair to sign the necessary documents. Background: Mason County Community Services manages approximately $1,100,000 dollars for housing and homelessness from the local document recording fees, Consolidated Homeless Grant and Housing and Essential Needs Grant. The Homeless Housing Grant Program was created in Washington State by Engrossed Second Substitute House Bill (ESSHB) 2163 on August 1, 2005. The law created a document recording fee on certain documents to be utilized by local jurisdictions to reduce homelessness (RCW 36.22.179). On March 17 the Community Foundation of South Puget Sound requested a donation to their COVID-19 Response Fund to financially respond to the needs of Mason County homeless persons and families. Budget Impacts: Authorize budget authority to grant funds from the 2163 fund with a projected 2020 ending fund balance of$300,000. Recommended Action: Approval to donate to the Community Foundation of South Puget Sound, $50,000 to be used for purposes allowed under RCW 36.22.179 and authorize the Chair to sign the necessary documents. Attachment(s): None MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Human Resources Action Agenda x Public Hearing Other DATE: April 21, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: April 13, 2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval of the Resolution amending Mason County Code Title 2 Administration and Personnel adding the Mason County Public Health Emergency and Disaster Leave Sharing Policy for County Employees Background: A policy and procedures to implement a Leave-Sharing Plan to offer to all county staff the ability to donate accrued leave into a leave-sharing pool and for employees to receive paid leave for purposes defined within the policy. Budget Impacts: None except between departments. Recommended Action: Approval of the Resolution amending Mason County Code Title 2 Administration and Personnel adding the Mason County Public Health Emergency and Disaster Leave Sharing Policy for County Employees Attachment(s): Resolution and Policy RESOLUTION NO. RESOLUTION ADDING A CHAPTER TO THE MASON COUNTY CODE TITLE 2 ADMINISTRATION AND PERSONNEL ADOPTING THE MASON COUNTY PUBLIC HEALTH EMERGENCY&MAJOR DISASTER LEAVE-SHARING PLAN FOR COUNTY EMPLOYEES POLICIES AND PROCEDURES WHEREAS,to provide guidance and establish procedures in the event a pandemic illness or public health emergency is expected to occur, or currently is taking place,which may affect the operations of Mason County and/or pose a risk to the health or safety of staff and the community at large the Mason County Public Health Emergency& Major Disaster Leave-Sharing Plan for County Employees is hereby presented for adoption; WHEREAS, Proclamation 20-25 STAY HOME—STAY HEALTHY was adopted by the Washington State Governor on March 23, 2020 proclaiming a State of Emergency for all counties throughout the state of Washington as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in Washington State; NOW,THEREFORE BE IT RESOLVED by the Board of Commissioners of Mason County to amend Mason County Code Title 2 Administration and Personnel adding the Mason County Public Health Emergency& Major Disaster Leave-Sharing Plan for County Employees (attachment A). ADOPTED this 21st day of April, 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 Tim Whitehead Chief Deputy Prosecuting Attorney ]:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2020\Public Health Emergency Major Disaster Leave Sharing Plan.doc �O Cp�j 3 Mason County Public Health Emergency & Major Disaster Leave- Sharing Plan for County Employees, Policies and Procedures I. PURPOSE: The purpose of this policy is to provide guidance and establish procedures in the event a pandemic illness, public health emergency or major disaster is expected to occur, or currently is taking place, which may affect the operations of Mason County and/or pose a risk to the health or safety of staff and the community at large. This policy provides procedures for the Public Health Emergency Major Disaster Leave- .Sharing Plan only and shall not be considered for any other medical or family emergency as described in the Mason County Personnel Manual. The provisions within this policy provide additional benefits beyond those which are prescribed by current Mason County Policy, current Collective Bargaining Agreements, Washington State and Federal Law. The provisions within this policy do not create or permit any adverse employment actions beyond those which are prescribed by current Mason County Policy, current Collective Bargaining Agreements, Washington State and Federal Laws. Furthermore, these Policies and Procedures are only in effect until the Declaration of Emergency ends. No actions available in this Policy will survive the end date of the Declaration of Emergency or Disaster. II. SCOPE: This policy applies to all Mason County Departments, Elected Offices and employees. III. DEFINITIONS: A. Major Disaster: a. A major disaster as declared by the President under §401 of the Stafford Act, 42 U.S.0 §5170, that warrants individual assistance or individual and public assistance from the federal government under the Act, b. A major disaster or emergency as declared by the President pursuant to 5 U.S.0 § 6391, in the case of employees described in the statute B. Pandemic: an outbreak of a disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population C. Pandemic & Major Disaster Leave-Sharing Plan: means a plan that meets the requirements of IRS Notice 2006-59, for a pool of donated leave which allows an employee to receive donated leave from another employee(s). Page 1 of 5 D. Leave Donor: A current employee whose voluntary written request to deposit leave in a leave bank under a major disaster leave-sharing plan. E. Leave recipient: A current employee for whom the employer has approved an application to receive leave under a major disaster leave-sharing plan. F. Family member: Any family member as defined by RCW 49.46.210. IV. REFERENCES: A. RCW 7.05 —Local Health Departments B. RCW 7.08 — Combined County-County Health Departments C. RCW 70.26—Pandemic Influenza Preparedness D. RCW 38.52.070 — Emergency Powers E. RCW 49.46.210 — Paid Sick Leave F. RCW 36.16.100 — Offices to be open certain days and hours G. RCW 49.46.210 — Paid Sick Leave "Family Member" defined H. RCW 41.04.665 — Leave-Sharing Program I. WAC 296-128-710 — Shared Leave J. Mason County Comprehensive Emergency Management Plan K. Mason County Personnel Policies Specifically Sec 4.5 L. Washington Department of Health:doh.wa.gov M. HR6201- Emergency Family & Medical Leave Expansion Act N. Families First Coronavirus Response Act (FFCRA) O. IRS Revenue Ruling 90-29 P. IRS Notice 2006-59 V. POLICY: Effective the date of the Declaration of Emergency by the President of the United States on March 13, 2020, it will be the policy of Mason County to take all appropriate measures needed to address a major disaster or a pandemic and protect public health. Protecting the community and County staff is a top priority and this policy establishes guidance on the use of Paid Leave-Sharing for County employees. VI. PROCEDURES: The following procedures are established to minimize disease exposure and maintain County operations in the event that a major disaster or a pandemic becomes a threat to the health or safety of County employees, their families, and the community at large. A. General Tax Rule: donating leave under an employer-sponsored leave- sharing program is treated as an assignment of income that is taxable to the employee who is donating the leave and is subject to income tax and employment tax withholding. B. Leave-Sharing for Medical & Disaster Emergencies Tax Rule: According to the IRS (Rev. Ruling 90-29) a leave-sharing program that allows donated leave to be used only for medical emergencies results in taxation to the leave recipients and not to the leave donors. The donated leave must be used for Page 2 of 5 purposes related to the medical disaster. C. Duration of Leave-Sharing Pool: Donated leave shall only be available for 90 days after the termination of the Declaration of Medical Emergency. D. Donating Leave: For the purpose of this policy only, an employee has the option to donate accrued sick leave and/or other accrued leave to the Donated Leave Pool. a. No employee may transfer annual leave hours to the pool if such transfer would leave the transferring employee with less than eighty (80) hours of credited annual leave. b. No employee may transfer accumulated sick leave to the pool if such transfer leaves the transferring employee with less than one hundred twenty (120) hours of credited sick leave. c. The amount of leave donated cannot exceed the maximum amount of leave that an employee normally accrues during the year. d. Employees may not donate leave to a specific recipient. e. Donated hours will be converted to cash value in the Leave-Sharing Pool. f. Employees donating leave paid for via a Federal Grant cannot donate leave into this program. g. Employees that meet these requirements may donate to the Leave- Sharing Pool via the form attached. E. Receiving Donated Leave: To receive donated leave an employee must satisfy qualifications a. —f. below and qualifying criteria in Sec E, a. —f. below and submit their request in writing (form attached) describing the medical emergency. Approved requests will be forwarded to Human Resources for administration and subsequently to Payroll for processing. a. An employee who needs leave that is related to the Public Health Disaster and is likely to cause the employee to go into a leave without pay status. b. The employee has less than 40 hours of combined sick and annual leave accrued as of the previous month. c. Employees receiving donated leave shall not receive more than eighty(80) hours per approved request from the Leave-Sharing Pool. An employee may submit more than one request, however each subsequent request will be met only if there are donated hours leftover after all other first requests of employees are met. Page 3 of 5 d. Employees receiving donated leave shall continue to accrue annual and sick leave at the same rate as if the employee were in a paid leave status. e. Employees receiving donated leave shall receive leave at his or her normal rate of pay. f. Employees may not cash out Shared Sick Leave in lieu of using Shared Sick Leave or upon termination or retirement, from this Leave-Sharing Pool. F. Qualifying Event: To be eligible to receive donated leave an employee must satisfy one of the following criteria: a. Quarantined or Isolated: When quarantine or isolation.of an employee is ordered by State or County Health Officials due to a pandemic illness. Employees must not return to work until they have been free of illness symptoms (fever, temperature above 98.6°, chills, sore throat, etc.) for at least 72 hours (or any longer applicable incubation period determined by the appropriate health authority) or are deemed no longer infectious by a medical professional. Documents may be required. b. Advised by health care provider to self-quarantine due to illness concerns: Employees who have an illness or are experiencing flu-like symptoms (as then-defined by the applicable health authorities), are prohibited from coming to work and are encouraged to consult their physician. Employees must not return to work until they have been free of illness symptoms (fever, temperature above 98.6°, chills, sore throat, etc.) for at least 72 hours (or any longer applicable incubation period determined by the health authority) or are deemed no longer infectious by a medical professional. Documents may be required. c. Experiencing pandemic symptoms and seek medical attention: Employees reporting to work who exhibit symptoms of an illness will be sent home and encouraged to consult their physician. Employees must not return to work until they have been free of illness symptoms (fever, temperature above 98.6°, chills, sore throat, etc.) for at least 72 hours (or any longer applicable incubation period determined by the appropriate health authority) or are deemed no longer infectious by a medical professional. Documents may be required. d. Caring for an individual "immediate family member" subject to quarantine, isolation or self-quarantine: If the illness of an employee's "immediate family member"interferes with reporting to work in a timely manner, the employee is responsible for notifying their supervisor pursuant to the provisions of the Personnel Policies or applicable collective bargaining agreement. Employees must not return to work until their family members have Page 4 of 5 been free of illness symptoms (fever, temperature above 98.60, chills, sore throat, etc.) for at least 72 hours (or any longer applicable incubation period determined by the appropriate health authority) or are deemed no longer infectious by a medical professional. Documents may be required. e. Child Care: If the school or place of care of an employee's child or dependent is closed due to pandemic, and the employee must provide care for the child or dependent. Documents may be required. f. Major Disaster: If an employee has been adversely affected by a major disaster if the employee or a family member of the employee has experienced severe hardship that requires the employee to be absent from work. G. Distribution of Donated Leave: Shall be distributed via a Leave-Sharing Board to be a size determined and appointed by the Board of County Commissioners. H. Value of Leave: Donated hours will be valued in the Leave-Sharing Pool at the cash equivalent of the hourly salary of the donating employee. I. Conversion to cash: Donated leave is not eligible for cash out under any circumstance. J. Treatment of Remaining Leave: If more leave is donated than is used, the hours of leave that remain shall be returned to the employee(s) donating the leave on a pro rata basis in proportion to their contribution of value Page 5 of 5 %,-4u- MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: April 21, 2020 Agenda Item # �', 7 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8071308-8071708 $ 1,102,941.00 Direct Deposit Fund Warrant #s 67247-67625 $ 721,629.61 Salary Clearing Fund Warrant #s 7005099-7005133 $ 1,018,828.02 Treasurer Electronic Remittances $ 1,550,022.46 Macecom 3/4/2020 $ 134,602.09 Mental Health 3/10/2020 $ 3,309.00 Dispute Resolution Center 3/10/2020 $ 1,040.00 Sales &Use Tax to Belfair Sewer 3/27/2020 $ 450,000.00 Capital Improv Reet 2 Fund 351 to Budgeted Transfer to Belfair Sewer 3/27/2020 $ 400,000.00 General Fund to Information Technology 2/26/2020 $ 447,723.00 Current Expense to Public Health 3/26/2020 $ 94,063.75 Road Diversion to County Road 3/2/2020 $ 19,284.62 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 7,091,811.05 Direct Deposit YTD Total $ 4,992,385.82 Salary Clearing YTD Total $ 5,513,464.82 Approval of Treasure Electronic Remittances YTD Total $ 3,210,452.93 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant# 8071308-8071708 $ 1,102,941.00 Direct Deposit Fund Warrant #s 67247-67625 $ 721,629.61 Salary Clearing Fund Warrant #s 7005099-7005133 $ 1,018,828.02 Attachment(s): originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) ;��rSONC Office of the Treasurer 411 N. 5th, bldg. I REC E WE E P.O. Box 429 Shelton, Washington 98584-0429 sum` � (Beta 4(3 06 20,5446775 Elma (3 0)482- 5269 427-7267 APR 0 12020 Elisabeth (Lisa) Frazier, Treasurer Mason Countyr; 14001 ( eft7m ft �.L.-r��i�.��.-:�.�:_rnb�'rs:,aed..•iu`�:Y.�tii.r_...r..._.�.dl Payment approval of Macecom: , I/ FUND Account# RemittanceR Macecom 001.000000.300.300 $ 134,602.09 M-63155 $ - Payment approval of Mental Health: FUND Account# Remittance MENTAL HEALTH 164.000000.000.000 1 $ 3,309.00 M-63290 is - M- 10 FUND Account# RemittanceREGEi!' DISPUTE RESOLUTION CENTER001.000000.100.000 $ 1,040.00 M-63289 FUND Account# Remittance Sales & Use Tax 103.000000.000.000 $ 450,0.00.00 M-63868 Belfair Sewer 413.000000.000.000 $' 450,000.00 M-63868 $ - M- $ - M- Payment approval of Capital Improvement Reet 2 AGENT BOND ACCT. FUND FUND No. #'S Remiittance Capital Improv Reet 2 Fund 361 351.000000.000.000 1 $ 400,000.00 M-63892 Budgeted Trnsfr to BELFAIR SEWER 413.000000.000.000 1 $400,000.00 M-63864 FUND Account# Remiittance General Fund 001.000000.310.000 $ 447,723.00 M-63846 Information Technology 500.000000.000.000 $447,723.00 M-63847 $0.00 FUND Account# Remiittance Current Expense 001.000000.310.000 1 $ 94,063.75 M-63852 Public Health I 150.000000.000:000 $94,063.75 M-63853 �T>�0211-11027.20 ��9 tk �`a t w i�d�"i11i7.20 FUND Account# RemiittanceEIp7<;# ROAD DIVERSION 001.000000.260.010 1 $ 19,284.62 IM-63079 COUNTY ROAD 105.000000.000.000 I $19,284.62IM-63079 Respectfull submitted by: Julie Richert,Chief Deputy 3/31/2020 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren on behalf of Renee Cullop Action Agenda x Public Hearing Other DEPARTMENT: Support Services for Therapeutic EXT: 296 - Renee Courts DATE: April 21, 2020 Agenda Item # 91 Commissioner staff to cum lete BRIEFING DATE: April 13, 2020 BRIEFING PRESENTED BY: Support Services/Therapeutic Courts [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the Chair to sign the letter regarding continuation of the Family Recovery Court Expansion grant #19T181939A from SAMHSA for the period of June 1, 2020 - May 31, 2021 in the amount of$214,523.00. Background: This is a renewal of the Substance Abuse and Mental Health Services Administration (SAMHSA) five year grant. Budget Impacts: No match requirement RECOMMENDED ACTION: Approval for the Chair to sign the letter regarding continuation of the Family Recovery Court Expansion grant #19T181939A from SAMHSA for the period of June 11 2020 - May 31, 2021 in the amount of$214,523.00. Attachment(s): Letter COMASON COUNTY THERAPEUTIC COURTS Amber L Finlay,Judge PO Box X Commissioner Monty Cobb,Judge Shelton,WA 98584 Robert Sauerlender Daniel Goodell,Judge 1854 Non-Competing Continuation Application Budget and Narrative Justification Attestation Letter April 21, 2020 RE: Grant#19TI81939A This letter is regarding SAMHSA Grant number19TI81939A confirms that the budget for the Mason County Family Recovery Court Expansion 2019-2024 grant award will not change by more than 25 percent. Sharon Trask, Mason County Commissioner 411 N 5th Street Shelton, WA. 98584